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Hospital Shields’ and the Limits of International Law

Bibliographic Data

ID12199722
AuthorsNeve Gordon (0000-0002-9502-3998, School of Law, Queen Mary University of London, London, United Kingdom, corresponding author), Nicola Perugini (0000-0002-5216-2170, University of Edinburgh)
Year2019
Volume30
Issue2
Pages439-463
Publication date2019-05-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueEuropean Journal of International Law (JOURNAL)
Journal identifiersISSN: 0938-5428 • E-ISSN: 1464-3596
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ejil/chz029
OpenAlexW2964196408
LanguageEN
Citations received6

Assaults on hospitals have become part of a widespread warfare strategy, propelling numerous actors to claim that belligerents are not being held accountable for attacking medical units. Acknowledging that international humanitarian law (IHL) offers medical units protections, belligerents often claim that the hospitals were being used to shield military targets and therefore the bombing was legitimate. Tracing the history of hospital bombings alongside the development of legal articles dealing with the protection of medical units, we show how, from the early 20th century, international law has introduced a series of exceptions that legitimize attacks on hospitals that were framed as shields. Next, we demonstrate that the shielding argument justifies bombing hospitals because they have ostensibly assumed a threshold position in-between the two axiomatic poles informing the laws of war – combatants and civilians. We argue, however, that medical units tend to occupy a legal and spatial threshold during war and, since IHL does not have the vocabulary to acknowledge the liminal nature of medical units and identifies between liminality and criminality, it introduces several exceptions that help belligerents legitimize their attacks. By way of conclusion, we maintain that the only way to address the deliberate and widespread destruction of medical units is by reforming the law through the introduction of an absolute ban

Argument (complex analysis · International humanitarian law · International law · Liminality · Political science · Sociology · Health and Conflict Studies · Medicine · Torture, Ethics, and Law · War, Ethics, and Justification · Law

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Unique citing works6
Citations per year1
Citation span2020 - 2026 (7)
Citation velocitycurrent
Highly citedNo
Citation typesNeutral: 6

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