"The
goal of legal regulation of war is to define the technical frames,
in which the requirements of war between the civilized nations
start to correspond with the requirements of humanity."
Alexander
II
From the address to the International Military Commission for
adoption of the Declaration on cancellation of use of explosive
and incendiary bullets
Saint Petersburg, 29 November 1868
Military
medical personnel are, by definition, non-combatants. However,
this distinction is often lost in the chaos surrounding combat
operations and complex humanitarian emergencies, placing both
the medical personnel and their patients at greater risk of becoming
casualties themselves. This article recommends the application
of a standardized Red Cross insignia (armband) for use by Russia's
Armed Forces Medical Service personnel. The authors believe this
will improve recognition of medical service personnel and thereby
enhance their safety and ability to provide care to victims. By
extension, the authors also recommend the use of the proposed
armband by all United Nations Armed Forces Medical Service personnel.
Background
Functioning
under constitutional law and a growing global conscience, a nation's
primary objective is to protect the rights and liberty of each
of its citizens. The most important of these rights is the right
to life. A nation's priorities are easily discerned by the degree
to which its departments, whether explicitly or implicitly, preserve
and enhance its citizensÕ right to life, freedom, basic health
needs and medical care. Recent decades have seen the growth of
a legal conscience and culture defining new norms within all social
institutions, including national defense, public healthcare, economic
development and education. These norms must, by definition and
national values, also apply directly to a nation's interactions
abroad, whether in a conflict or a peacetime setting.
Both
the new world order and evolving social reforms in Russia have
impacted the Russian Armed Forces directly and have resulted in
the development of complex and specialized departments. The Russian
Armed Forces Medical Service has evolved with these social changes,
reflecting national values and traditions throughout Russia's
historical development. With increased global interaction, there
is a growing disparity between new operational performance requirements
of the Medical Service and its historical activities. This has
resulted in increased reliance by the Medical Service on International
Humanitarian Law (IHL). The primary goal is the establishment
of guidelines for conduct in war and military operations other
than war, which maximize the protection of the above-mentioned
human rights, and minimize harm to noncombatants and non-military
targets.
Russian
Federal Law regarding "Conscription and Military Service" fixes
special status to Medical Service personnel and their duties.
Their performance is ultimately guided by IHL developed according
to the Geneva Conventions and their Protocols. This establishes
the Russian Armed Forces Medical Service as a legally recognized
institution under IHL, which carries with it certain performance
imperatives.
Military-Medical aspects of IHL have a role in resolving armed
conflicts and minimizing the consequences of humanitarian catastrophes.
The
four Geneva Conventions of 1949 and two Protocols of 1977, along
with other IHL agreements, were developed by the international
community with the goal of creating legal protection for victims
of war and armed conflict. Guidelines for providing medical care
in armed conflict or other humanitarian emergencies are outlined
in the 1st Protocol, Item 8, and include "the search for,
collection, transportation, diagnosis or treatment - including
first-aid treatment - of the wounded, sick and shipwrecked, or
for the prevention of disease." Clearly the Military Medical
aspects of IHL continue to constitute an internationally recognized
moral imperative to provide practical aid to victims of armed
violence. However, this moral imperative carries with it a substantial
cost Ð the inherent risk to the lives of medical personnel and
establishes this type of work as being uniquely suited for military
organizations.
IHL
and the evolving role of the Military-Medical Service: Transitioning
from the Soviet Union to the Russian Federation
Under
the former Soviet Union, the Military Medical Service was created
for the primary purpose of providing medical support to its armed
forces in support of Cold War operations. It subsequently had
very limited experience in dealing with IHL and the now commonplace
response to regional armed violence. Therefore, the Russian Federation
met a historical problem when faced with the need for a civilized,
IHL-based response to the prevention and resolution of internal
armed conflict in the Russia and former Soviet Republics. Early
attempts to respond to these conflicts without IHL guidelines
and restraint led to widespread discontent of the military in
the public conscience and actually led to potential concerns for
national security. This articleÕs principle author witnessed these
difficulties in armed conflicts in Angola and Kosovo, and through
an analysis of the Chechen conflict.
As
previously mentioned, only military medical-service assets can
effectively address the obvious risk associated with providing
medical aid on the battlefield. This fact establishes the military
medical-service as a key partner in establishing and coordinating
civil-military links with humanitarian organizations, particularly
the International Committee of the Red Cross and the Russian Society
of the Red Cross, among others, and the state (nonmilitary) structures
providing protection and medical aid for victims of armed conflict.
Subsequently, the Russian Military Medical Service in recent years
has found itself far exceeding its traditional roles and evolving
into areas of competence that require innovative approaches Ð
especially the protection of its personnel and assets.
The
author's concept of the designation and legal protection of military-medical
personnel
The
traditional armband consisting of the "Red Cross" for
military-medical personnel of the Imperial Russian Army has been
used since 1864. The sizes of armbands were not precisely defined
anywhere. From archive records, photos and military chronicle
movies of past wars, extreme variations were noted in size, color
and design. The Red Cross emblem itself ranged from reverse placement
of the colors of the Swiss national flag to hardly perceptible
narrow strokes of the Red Cross. Even today, standardized sizes
of the emblem and armband are nowhere defined. Until recently
in the Armed Forces of the Russian Federation, there were no official
demands to utilize special identification standards for medical
personnel.
Additionally,
the authors were surprised to discover that even NATO member countries
consistently declaring adherence to standards and principles of
IHL do not have a unified approach to this problem. For example,
in Kosovo the author observed a number of countries including
the U.S.A. and Great Britain, whose medical transport vehicles
had Red Cross markings that could be covered, which in fact, is
a breach of Geneva Conventions. We want to emphasize that the
problem does not rest with one particular state or another, but
that these issues are to be identified and addressed by our mutual
efforts.
Conclusion
The
primary author worked to resolve this situation within his country.
His research resulted in the design, invention and patent of an
armband for use by Russian Armed Services Medical Personnel. Once
the armband is adopted by the Russian Federation, has proven to
be viable and demonstrates value, it is hoped that the UN will
consider its adoption for use in peace support operations. 
"It
is not possible to judge about the activity of private aid organizations
at the theatre of war without being aware of the activities of
military medical administration."
N.I.Pirogoff, 1879
Up
to top