INTERNATIONAL HUMANITARIAN LAW AND MEDICAL CONFIDENTIALITY

Abstract

This study focuses on appraising the right of the wounded and sick to medical confidentiality within the context of international armed conflict in International Humanitarian Law. It finds a correlation between the right to medical confidentiality and the general protection accorded to the wounded and sick in IHL. The paper argues that in hostilities, just like in peacetime, the right to medical confidentiality exists to protect the wounded and sick. However, it is the major finding of this paper that as important as the right to medical confidentiality may be, because military medical personnel owe dual loyalty, (one to the medical profession and the other to the Military), they face the dilemma of striking a balance between these responsibilities, which in turn affects their obligation to respect medical confidentiality. To address this challenge, the paper recommends greater commitment and respect by States to their obligations under IHL through the provision of adequate training for their military and civilian medical personnel on what the duty of confidentiality entails; and the stipulation of effective sanctions against the violation of this right through their domestic laws.