The position of the United Nations and major International Conversations on the use and treatment of medical facilities during wars and in Peace time is crystal clear:
What EFCC operatives did today inside the University of Uyo Teaching Hospital in peace time is condemnable and actionable. It constitute a clear violation of International humanitarian principles and the United Nations convention which protects medical facilities worldwide.
Medical facilities, hospitals, ambulances, and medical personnel are protected during armed conflicts let alone peace time. Any attack on them are considered to constitute serious violation of International Law. Such may amount to war crime. But the Akwa Ibom State Capitol – Uyo, is not at war.
Let me examine the invasion and violation of the University of Uyo Teaching Hospital protection by EFCC under a few international positions:
(1) The Geneva Convention
(2) The United Nations resolution
(3) Rome Statute
(4) International Humanitarian Law
(5) Humanitarian principle
(1) Geneva Convention:
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This is the main legal framework and their Additional Protocols.
These conventions provide that civilian hospitals and medical units MUST BE RESPECTED AND PROTECTED AT ALL TIMES (not only during war time).
Medical personnel, including doctors, nurses, paramedics, and humanitarian workers MUST NOT BE ATTACKED. Ambulances, and medical transport are protected under the Geneva convention, while the wounded and sick must receive medical care without any form of discrimination.
(2) United Nations Security Council Resolution 2286 of 2016
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Security Council Resolution 2286 (2016) condemns in the strongest possible terms, any form of attack against medical facilities and personnel during armed conflict let alone in peace time such as in this instance. It also compulsorily demands compliance with international law.
Well, before we conclude that Nigeria is a lawless place where those who should enforce the law are breakers of the law, it is crucial to note that the federal government have responsibility here.
Today’s episode at the University of Uyo Teaching Hospital is a distinct call on the federal authorities to come to terms with the fact that they owe the victims of this brute attack, the wider Nigerian society and the international community the duty to not only investigate the attack on the medical facility and medical workers, but also prosecute perpetrators, as their action obviously violate humanitarian norms. It would also serve as a deterrent to others.
(3) Beyond Treaties and Conventions, customary international law – Rules accepted as binding practice by the international community also protect medical facilities.
(4) Humanitarian principle also protect medical facilities.
Pointedly, the EFCC cannot, under today’s circumstance, justify the firing of teargas in a hospital where asthmatic patients are treated, and where even the sound of such heavy gunfire can dispatch some patients to their early grave.
It is pertinent to demand explanation from EFCC about the type of lawful duty which they executed at the hospital with force of arms, when according to their Press release, the mission was to authenticate a medical report of a suspect pupurtedly issued by the hospital in a criminal matter pending before the Federal High Court, Uyo.
They are yet to explain to the country if they were there on the order of that court. The Press Release has yet to display even a subpoena which was not honored by the relevant hospital department before the decision to invade.
The more attempt to explain away and shield the act and perpetrators, the more questions there are, begging for answers.
©Ndon Assian
