The Lawfare Podcast: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

The Lawfare Podcast

The Lawfare Institute

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4.7 • 6.4K Ratings

🗓️ 11 September 2015

⏱️ 30 minutes

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Summary

On this week’s Lawfare Podcast, Ben sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.

Lawfare ran a summary of the report earlier this week, which you can read here.

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Transcript

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:29.6	Take the International Committee of the Red Cross.
0:35.7	That organization was established in 1863 after a Swiss businessman by the name of Amarido
0:43.0	Ngo, a walked or passed or rode his horse by the battlefield of Sulfurino.
0:50.5	When he saw the thousands of wounded soldiers on the battlefield, anguishing with wounds
1:00.5	that were not cared for.
1:02.9	And the whole raison d'être behind the establishment of the ISE and the evolution of the humanitarian
1:09.5	conventions thereafter was precisely with the thought that once the person is wounded,
1:16.3	they are wounded.
1:17.8	And once they no longer pose a threat to you with your just a human being.
1:22.5	And if you start tweaking and cutting at this principle, then you are in a slippery slope.
1:32.8	I'm Cody Poplin and this is the LawFair podcast September 12, 2015.
1:38.8	That was Gabriela Blum, a professor of law at Harvard University and contributing editor
1:43.4	to LawFair.
1:44.8	On this week's LawFair podcast, Ben set down with Professor Blum and Dustin Lewis,
1:49.6	a senior researcher at Harvard Law School's Program on International Law and Arm Conflict
1:54.4	to discuss their new report, which was co-authored by NASMOTORZADA, on whether we should consider
2:00.6	medical care a form of illegitimate support to terrorists.
	...

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