Specific Topic(s):

Legality of post-coital prophylaxis and licence to practice in host country.

Key references:

‘Ethical principles of health care in times of armed conflict and other emergencies’ – Health-care personnel shall at all times act in accordance with relevant international and national law, ethical principles of health care and their conscience.

Geneva Conventions: Rule 134. The specific protection, health and assistance needs of women affected by armed conflict must be respected. https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter39_rule134

Discussion:

Review of the question: this question requires an understanding of the policy for handling rape victims in your security service including the emergency care and investigative processes. You should also understand your own conscience in regard to fertility control.

Interpretation of the principles/policy from the references: military medical services have duty to consider the specific health needs of women, both within their own military and also those populations that are entitled beneficiaries.

Framework for answering the scenario/question:

• What are the arrangements in your military for emergency healthcare for a victim of an alleged rape?

• What are the arrangements in your military for reporting and investigation (including collection of forensic samples) for a victim of an alleged rape?

• What legal instruments allow foreign medical personnel to undertake clinical practice in a host country? (see Further Reading)

Further issues for consideration:

• This question has not determined the ‘type’ of female – what differences apply if the female is a civilian international contractor, a member of the local security forces, a local civilian?

• Heterosexual and homosexual violence may be a significant internal issue within security forces. This includes ensuring that survivors have access to suitable emergency health services for their physical and emotional needs, and proper forensic and investigative support to ensure that assailants are brought to justice. You might consider how these issues are addressed within your security service, and what you might do if you witness this behaviour in partner security forces.

Most military operations will be conducted under a legal ‘Status of Forces Arrangement’ with a host country which will include provision for the military personnel to operate under the legal jurisdiction of their parent nation. This includes ‘licencing for medical practice’. Similar arrangements will be established where medical personnel work in a multi-national unit. Clinical personnel should practice in accordance with their parent national registration arrangements. Patients should only receive clinical care that is licenced in their home country, unless there are over-riding emergency considerations (e.g. a licensed medicine is not available).

Maria Eriksson Baaz, Harriet Gray, Maria Stern, What Can We/Do We Want to Know? Reflections from Researching SGBV in Military Settings, Social Politics: International Studies in Gender, State & Society, Volume 25, Issue 4, Winter 2018, Pages 521–544, https://doi.org/10.1093/sp/jxy033

Sexual and gender-based violence (SGBV) is a medical emergency. Medicins sans Frontiers. Available at: https://www.msf.org.uk/issues/sexual-and-gender-based-violence accessed 29 May 20