Statement by Minister Counsellor Rebeca Hernández during the fourth round of consultations with Member States on the protection of hospitals, within the framework of the Global Initiative to Support International Humanitarian Law.

Madam Coordinator,

International Humanitarian Law grants medical establishments and facilities, whether civilian or military, special protection that goes beyond that afforded to civilian objects in general.

This special protection extends to the wounded and sick without distinction of side, to medical personnel, and to medical transport means.

With regard to the document on workstream 5, we consider it necessary to incorporate several important elements that have been raised in previous rounds of consultations and are absent from the current version of the text.

We propose the inclusion of the following points:

  • Establishment of a mandatory expedited notification mechanism to warn belligerent parties of the loss of protection of specific medical establishments and facilities.
  • Explicit recognition of individual criminal responsibility for war crimes in the event of attacks against hospitals or other medical facilities.
  • The need for clearer rules for the protection of health personnel providing services in armed conflicts.
  • Guarantee of explicit protection for foreign medical personnel operating in conflict zones under bilateral cooperation agreements, including notification mechanisms to belligerent parties regarding their presence.
  • Emphasis that belligerent parties must take all feasible measures to facilitate the functioning of hospitals and protect them from any harm, even in circumstances of limited resources. Lack of resources does not justify inaction.
  • Strengthening of national mechanisms for investigating incidents related to attacks on health facilities.
  • Reinforcement of health facilities in such a way as to reduce or eliminate their dependence on supply infrastructure that may be vulnerable to attacks.

Madam Coordinator,

We hope these elements can be incorporated into the next version of the document on workstream 5. The Cuban delegation will continue to contribute to this process in a constructive manner.

Thank you very much.

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