 CALIFORNIA
MEDICAL ASSOCIATION Opposition to Cooperation
of Physicians in Torture
Author: Robert M. Gould, MD
Resolution 509-05
Adopted: March 21, 2005
Whereas, Physicians and other medical personnel serving
in non-combat roles are bound by international law to treat
wounded combatants from all sides, to care for injured civilians,
and are required to care for enemy prisoners and to report
any evidence of abuse of detainees;1 and,
Whereas, The Geneva Convention relative to the Treatment
of Prisoners of War, U.S. Army regulations, and the War Crimes
Act require all military personnel not to engage in and to
report acts of abuse or torture;2 and,
Whereas, The Geneva Convention relative to the Treatment
of Prisoners of War requires military medical personnel to
provide prisoners monthly health inspections, a system to
request medical assistance, and proper medical treatment;3 and,
Whereas, The World Medical Association states that physicians
should not participate in or facilitate torture or other
forms of cruel, inhuman and degrading procedures of prisoners
or detainees in any situations;4 and,
Whereas, American Medical
Association policy states that “Torture
refers to the deliberate, systematic or wanton administration
of cruel, inhumane and degrading treatments or punishments
during imprisonment or detainment. Physicians must oppose
and must not participate in torture for any reason.... Physicians
should help provide support for victims of torture and, whenever
possible, strive to change the situation in which torture
is practiced or the potential for torture is great”;5 and
Whereas, It has been documented since the spring of 2004
that the U.S. military medical system in Guantanamo Bay,
Afghanistan and Iraq failed to protect detainees’ rights
to medical treatment, failed to promptly report injuries
or deaths caused by beatings, failed to report acts of psychological
and sexual degradation, and sometimes collaborated with abusive
interrogators and guards;6 therefore be it
RESOLVED, That the CMA condemns any participation in, cooperation
with, or failure to report by physicians and other health
professionals the mental or physical abuse, sexual degradation,
or torture of prisoners or detainees in military settings;
and be it further
RESOLVED, That the CMA supports the rights of physicians
and health professionals to be protected from retribution
for refusing to participate or cooperate in abuse or torture
in military settings and be it further
RESOLVED, That the CMA urges schools and programs responsible
for the education of physicians and health professionals
to include training in ethical conduct and internationally
recognized codes of professional behavior.
1.
Bloche MG and Marks JH. When Doctors Go to War. NEJM 2005: 353; 3.
2.
Geneva Convention Relative to the Treatment of Prisoners
of War. Accessed at http://www.unhchr.ch/html/menu3/b/91.htm;
United States Army Regulation AFJ131-304. Accessed at
http://www.army.mil/usapa/epubs/multi_services_1.html.;
War Crimes Act of 1996[18USC Section 2441] Accessed at
http://www2.uakron.edu/law/war%20crimes%20Act%20of%201996.doc
3.
Geneva Convention Relative to the Treatment of Prisoners
of War. Accessed at http://www.unhchr.ch/html/menu3/b/91.htm.
4.
World Medical Assciation Codes of Ethics. Accessed at http://www.iit.edu/
5.
American Medical Association Resolution E-2.067 at http://www.ama-assn.org.
6.
The Fay Report. http://www.c-span.org/pdf/armyabughraib.pdf ;
Lifton, RJ. Doctors and Torture. NEJM 2004:
351; 415-6; Miles, SH. AbuGhraib: Its Legacy for Military
Medicine.
Lancet 2004;264;725; Bloche MG and Marks JH.
When Doctors Go to War. NEJM 2005: 353; 3-6.
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