Nearly two months after a U.S. airstrike on a Médecins Sans Frontières (MSF) hospital in Kunduz, Afghanistan, General John F. Campbell, the U.S. commander there, presented the result of an internal investigation into the incident that killed 30 staff members and patients, while denying life-saving care to hundreds of thousands of people.
The investigation concluded that the incident was an "avoidable accident" caused primarily by "human error, compounded by systems and procedural failures". General Campbell also said that "individuals most closely associated with the incident had been suspended" without clarifying whether they would face disciplinary sanctions or prosecution.
In its response, MSF said the investigation showed evidence of "gross negligence" by the U.S. forces as the coordinates had been clearly communicated to all warring parties. It added that the report left more questions than answers and reaffirmed the urgent need for an independent investigation, which the U.S. has so far refused to endorse.
Attacks on health facilities and workers violate international law and interfere with fundamental protections of the right to health. It is also recognized as a grave violation against children by Security Council Resolution 1612 (2005), which requested the UN to provide timely and reliable information on this violation through the Monitoring and Reporting Mechanism (MRM). Such attacks potentially diminish children's access to life-saving treatment for war-related injuries, exacerbate the severity of common children's illnesses, and limit access to vital immunization programs. Pregnant mothers and newborns are particularly at risk if they are unable to reach health services for delivery and pre- and post-natal care.
While some cases are given more public attention than others, it is important to recall that the violation of medical neutrality is a common feature in many conflicts.
In Syria, nearly 700 medical personnel have been killed since the war erupted in March 2011. Physicians for Human Rights (PHR) said there have been more than 300 attacks on health facilities--with the Syrian regime responsible for more than 90 percent. It also confirmed that October had been the worst month on record for attacks on medical facilities since the beginning of the conflict. Out of the 16 incidents reported that month, PHR said that a minimum of 10 were attributed to the Russian forces.
In Yemen, the International Committee of the Red Cross (ICRC) denounced an appalling trend of "deliberate" attacks against health care facilities and staff. The statement came two weeks after Saudi-led coalition forces bombarded a hospital operated by MSF in the Haydan district of the Saada province.
In Palestine, the New York Times reported on a series of raids conducted by undercover Israeli security officers in various hospitals of the West Bank and Jerusalem. In one incident from November 12, the Times reported two dozen Israeli operatives entering a hospital in the city of Hebron, killing a man on site and arresting his cousin, a patient, based on their alleged association with Hamas.
The UN General Assembly issued last December a landmark resolution calling on Member States to take concrete steps to improve protection for health workers. The resolution also reaffirmed the World Health Assembly resolution 65.20, which requires the World Health Organization (WHO) to provide leadership at the global level in developing methods for systematic collection of data on attacks against health facilities and workers.
As the WHO is working to strengthen its capacity to monitor and report on attacks against hospitals, Watchlist encourages close coordination with UNICEF and the Office of the Special Representative of the Secretary General on Children and Armed Conflict to prevent duplication and complement monitoring efforts through the UN-led MRM.