Security Council resolution 2286 (2016) [on protection of the wounded and sick, medical personnel and humanitarian personnel in armed conflict]
Symbol: S/RES/2286 (2016)
Date: 2016-05-03
Status: adopted
Agenda: S/71 [189] CIVILIAN PERSONS--ARMED CONFLICTS
S/ X Protection of civilians in armed conflict.
Subjects: HEALTH SERVICES|PATIENTS|HEALTH PERSONNEL|RELIEF PERSONNEL|HUMAN RIGHTS IN ARMED CONFLICTS|EMERGENCY MEDICAL SERVICES|INTERNATIONAL HUMANITARIAN LAW|HOSPITALS|MEDICAL SUPPLIES|RELIEF CORRIDORS|IMPUNITY
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                     S/RES/2286 (2016)
               Security Council                                                 Distr.: General
                                                                                3 May 2016




               Resolution 2286 (2016)
               Adopted by the Security Council at its 7685th meeting, on
               3 May 2016

                    The Security Council,
                     Reiterating its primary responsibility for the maintenance of international
               peace and security and, in this context, the need to promote and ensure respect for
               the principles and rules of international humanitarian law,
                     Recalling all relevant Security Council resolutions, including resolutions 2175
               (2014) and 1502 (2003) on the protection of humanitarian personnel, resolutions
               1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894 (2009) and 2222 (2015)
               on the protection of civilians in armed conflict, resolutions 1539 (2004) and 1612
               (2005) relating to the establishment of a monitoring and reporting mechanism on
               children and armed conflict, and resolution 1998 (2011) on attacks against schools
               and/or hospitals, as well as relevant statements of its President relate d to the
               protection of civilians in armed conflict and to the protection of medical personnel
               and humanitarian personnel in conflict zones,
                    Recalling all relevant General Assembly resolutions, including resolution
               70/104 entitled Safety and security of hu manitarian personnel and protection of
               United Nations personnel, 70/106 entitled Strengthening of the coordination of
               emergency humanitarian assistance of the United Nations, and 69/132 entitled
               Global health and foreign policy,
                     Recalling the Geneva Conventions of 1949 and their Additional Protocols of
               1977 and 2005, as applicable, as well as relevant customary international law
               concerned with the protection of the wounded and sick, medical personnel and
               humanitarian personnel exclusively engaged in medical duties, their means of
               transport and equipment, as well as hospitals and other medical facilities, and the
               obligation of parties to armed conflict to respect and ensure respect for international
               humanitarian law in all circumstances,
                    Recalling the Convention on the Safety of United Nations and Associated
               Personnel, and its Optional Protocol,
                     Recognizing the particular challenges faced by humanitarian personnel
               exclusively engaged in medical duties and medical personnel and reaffirming that
               all humanitarian personnel are entitled to respect and protection under international
               humanitarian law,

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                     Stressing that identification of medical personnel and humanitarian personnel
               exclusively engaged in medical duties, their means of transport and equipment, as
               well as hospitals and other medical facilities may enhance their protection, and in
               this regard, recalling also the obligations, in situations of armed conflict, pertaining
               to the use and the protection of the distinctive emblems under the Geneva
               Conventions of 1949 and where applicable, their Additional Protocols,
                     Recalling further the specific obligations under international humanitarian law
               to respect and protect, in situations of armed conflict, medical personnel and
               humanitarian personnel exclusively engaged in medical duties, their means of
               transport and equipment, and hospitals and other medical facilities, which must not
               be attacked, and to ensure that the wounded and sick receive, to the fullest extent
               practicable and with the least possible delay, the medical care and attention
               required,
                     Recalling also the obligation under international humanitarian law to
               distinguish between civilian populations and combatants, and the prohibition against
               indiscriminate attacks, and the obligations to do everything feasible to verify that
               the objectives to be attacked are neither civilians nor civilian objects and are not
               subject to special protection, including medical personnel their means of transport
               and equipment, and hospitals and other medical facilities, and recalling further the
               obligation to take all feasible precautions with a view to avoiding and in any event
               minimizing harm to civilians and civilian objects,
                     Deeply concerned that despite these obligations, acts of violence, attacks and
               threats against medical personnel and humanitarian personnel exclusively engaged
               in medical duties, their means of transport and equipment, as well as hospitals and
               other medical facilities, are being perpetrated in situations of armed conflicts and
               that the number of such acts is increasing,
                    Recalling that locally recruited medical personnel and humanitarian personnel
               exclusively engaged in medical duties account for the majority of casualties among
               such personnel in situations of armed conflict,
                     Further concerned that the delivery of humanitarian assistance, including
               medical assistance, to populations in need is being obstructed by parties to armed
               conflicts in many conflict situations,
                    Recalling that under international humanitarian law, persons engaged in
               medical activities shall not be compelled to perform acts or to carry out work
               contrary to the rules of medical ethics or to other medical rules designed for the
               benefit of the wounded and the sick,
                     Convinced that acts of violence, attacks and threats against medical personnel
               and humanitarian personnel exclusively engaged in medical duties, their means of
               transport and equipment, as well as hospitals and other medical facilities, and
               obstructing the delivery of humanitarian assistance, including medical assistance,
               may exacerbate ongoing armed conflicts and undermine the efforts of the Security
               Council to maintain international peace and security under the Charter of the United
               Nations,
                    Reaffirming the need for all parties to armed conflict to respect the
               humanitarian principles of humanity, neutrality, impartiality and independence in
               the provision of humanitarian assistance, including medical assistance, and



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           reaffirming also the need for all actors engaged in the provision of such assistance
           in situations of armed conflict to promote and fully respect these principles,
                 Urging States to ensure that violations of international humanitarian law
           related to the protection of the wounded and sick, medical personne l and
           humanitarian personnel exclusively engaged in medical duties, their means of
           transport and equipment, as well as hospitals and other medical facilities in armed
           conflicts do not remain unpunished, affirming the need for States to ensure that
           those responsible do not operate with impunity, and that they are brought to justice,
           as provided for by national laws and obligations under international law,
                 Recalling that, under international law, attacks intentionally directed against
           hospitals and places where the sick and wounded are collected, provided that they
           are not military objectives, as well as attacks intentionally directed against
           buildings, material, medical units and transport and personnel using the distinctive
           emblems of the Geneva Conventions in conformity with international law are war
           crimes,
                 Stressing that the fight against impunity and to ensure accountability for war
           crimes and other serious violations of international humanitarian law has been
           strengthened through the work on and prosecution of these crimes in the
           international criminal justice system, and in this regard reiterating the importance of
           State cooperation with international courts and tribunals in accordance with States’
           respective obligations,
                Noting that medical personnel, and humanitarian personnel exclusively
           engaged in medical duties, in an armed conflict situation, continue to be under a
           duty to provide competent medical service in full professional and moral
           independence, with compassion and respect for human dignity, and always to bear
           in mind human life and to act in the patient’s best interest and stressing the need to
           uphold their respective professional codes of ethics, and further noting the
           applicable rules of international humanitarian law relating to the non -punishment of
           any person for carrying out medical activities compatible with medical ethics,
                 Reaffirming the primary responsibility of States to protect the population
           throughout their whole territory and recalling in this regard that all parties to armed
           conflict must comply fully with the obligations applicable to them under
           international humanitarian law related to the protection of civilians in armed
           conflict and medical personnel,
                1.    Strongly condemns acts of violence, attacks and threats against the
           wounded and sick, medical personnel and humanitarian personnel exclusively
           engaged in medical duties, their means of transport and equipment, as well as
           hospitals and other medical facilities, and deplores the long-term consequences of
           such attacks for the civilian population and the health-care systems of the countries
           concerned;
                 2.   Demands that all parties to armed conflicts fully comply with their
           obligations under international law, including international human rights law, as
           applicable, and international humanitarian law, in particular their obligations under
           the Geneva Conventions of 1949 and the obligations applicable to them under the
           Additional Protocols thereto of 1977 and 2005, to ensure the respect and protection
           of all medical personnel and humanitarian personnel exclusively engaged in medical



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               duties, their means of transport and equipment, as well as hospitals and other
               medical facilities;
                     3.    Demands that all parties to armed conflicts facilitate safe and unimpeded
               passage for medical personnel and humanitarian personnel exclusively engaged in
               medical duties, their equipment, transport and supplies, including surgical items, to
               all people in need, consistent with international humanitarian law;
                     4.   Strongly urges States and all parties to armed conflict to develop
               effective measures to prevent and address acts of violence, attacks and threats
               against medical personnel and humanitarian personnel exclusively engaged in
               medical duties, their means of transport and equipment, as well as hospitals a nd
               other medical facilities in armed conflict, including, as appropriate, through the
               development of domestic legal frameworks to ensure respect for their relevant
               international legal obligations, the collection of data on obstruction, threats and
               physical attacks on medical personnel and humanitarian personnel exclusively
               engaged in medical duties, their means of transport and medical facilities, and to
               share challenges and good practice in this regard;
                     5.   Underlines the important role that education and training in international
               humanitarian law can play in supporting efforts to halt and prevent acts of violence,
               attacks and threats against the wounded and sick, medical personnel and
               humanitarian personnel exclusively engaged in medical duties, their mean s of
               transport and equipment, as well as hospitals and other medical facilities;
                    6.     Calls upon States to ensure that their armed forces and security forces,
               within their respective competencies under domestic law, make or, where relevant,
               continue their efforts to integrate practical measures for the protection of the
               wounded and sick and medical services into the planning and conduct of their
               operations;
                     7.    Emphasizes the responsibility of States to comply with the relevant
               obligations under international law to end impunity and to ensure those responsible
               for serious violations of international humanitarian law are held to account;
                     8.   Strongly condemns the prevailing impunity for violations and abuses
               committed against medical personnel and humanitarian personnel exclusively
               engaged in medical duties, their means of transport and equipment, as well as
               hospitals and other medical facilities in armed conflict, which in turn may
               contribute to the recurrence of these acts;
                     9.   Strongly urges States to conduct, in an independent manner, full, prompt,
               impartial and effective investigations within their jurisdiction of violations of
               international humanitarian law related to the protection of the wounded and sick,
               medical personnel and humanitarian personnel exclusively engaged in medical
               duties, their means of transport and equipment, as well as hosp itals and other
               medical facilities in armed conflict, and, where appropriate, take action against
               those responsible in accordance with domestic and international law, with a view to
               reinforcing preventive measures, ensuring accountability and addressing th e
               grievances of victims;
                    10. Expresses its intention to ensure that the mandates of relevant United
               Nations peacekeeping operations can, where appropriate and on a case -by-case




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           basis, help to contribute to a secure environment to enable the delivery of me dical
           assistance, in accordance with humanitarian principles;
                 11. Encourages the Secretary-General, in accordance with his prerogatives
           under the Charter of the United Nations, to bring to the attention of the Security
           Council situations in which the delivery of medical assistance to populations in need
           is being obstructed by parties to the armed conflict;
                 12. Requests the Secretary-General to include in his country-specific
           situation reports, and other relevant reports which address the protection of
           civilians, the issue of the protection of the wounded and sick, medical personnel and
           humanitarian personnel exclusively engaged in medical duties, their means of
           transport and equipment, as well as hospitals and other medical facilities, including
           recording specific acts of violence against them, remedial actions taken by parties to
           the armed conflict and other relevant actors, including humanitarian agencies, to
           prevent similar incidents, and actions taken to identify and hold accountable those
           who commit such acts;
                13. Further requests the Secretary-General to promptly provide the Security
           Council with recommendations on measures to prevent incidents of the kind
           described in the above paragraph and to better ensure accountability and enhance
           the protection of the wounded and sick and medical personnel and humanitarian
           personnel exclusively engaged in medical duties, their means of transport and
           equipment, as well as hospitals and other medical facilities;
                14. Further requests the Secretary-General to brief the Security Council
           every twelve months on the implementation of this resolution.




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