Analysis on Medical Ethical Implication of The Law of Armed Conflict / 中国医学伦理学

ABSTRACT

As an important part of International Law,the fundamental aim of the Law of Armed Conflict is to solve the humanitarian problems of armed conflict and to achieve the humanity caring in the war,by limiting the combat weapons,standardizing the methods of warfare (The Law of Hague),protecting the victims of armed conflicts and improving their situation (The Law of Geneva).Therefore,taking humanity as the core,the Law of Armed Conflict implicates rich medical ethics.The legislative spirit of the Law of Armed Conflict and the medical humanitarianism are mutually compatible,which realize the maximum of the “humanitarian requirements” on the basis of ensuring the “military needs” of war;the legal principles of the Law of Armed Conflict are in conformity with the moral principles of medical ethics,namely,the principles of “military necessity,humanity,distinction,proportion and restriction” are internally matched with the principles of “no harm,respect,justice,optimization”;the specifications of the Law of Armed Conflict conform to the medical ethics norms,which demand to implement the principles of medical ethics,to adhere to independence and informed consent,to protect of patient privacy,and to respect for the remains of the deceased,and so on.