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Punishing physicians who torture: a work in progress.
Steven H Miles1, Telma Alencar, Brittney N Crock
1Center for Bioethics, University of Minnesota, USA. miles001@umn.edu
Summary
Physicians are increasingly held accountable for complicity in torture and crimes against humanity. Medical associations and courts are institutionalizing punishments, signaling a move away from impunity for such medical misconduct.
Area of Science:
- Medical Ethics
- International Law
- Human Rights Law
Background:
- Anecdotal evidence suggests physicians face few consequences for complicity in torture and crimes against humanity.
- Addressing this gap is crucial to counter the perception of impunity and enhance physician accountability.
- Historical precedents, including the Nuremberg Doctors' Trial, highlight the need for accountability.
Purpose of the Study:
- To document and analyze cases of physicians punished for complicity in torture or crimes against humanity post-World War II.
- To categorize hearing procedures, physician roles, specific punishable acts, and the political contexts of these punishments.
- To inform public policy for punishing and deterring medical misconduct in cases of human rights abuses.
Main Methods:
- Conducted a multilingual web search across international and national courts, military tribunals, and medical associations.
- Searched medical and non-medical literature databases, human rights organizations, and media reports.
- Focused on cases of physicians punished for complicity in torture or crimes against humanity after World War II.
Main Results:
- Identified 56 physicians in eight countries punished for complicity in torture or crimes against humanity.
- Medical associations disciplined 85% of cases; domestic courts 18%; international courts 3%.
- Twenty-two physicians currently face open cases, indicating ongoing accountability efforts.
Conclusions:
- Punishments for physicians involved in crimes against humanity are becoming institutionalized.
- Medical associations play a vital role in self-regulation and accountability for professional misconduct.
- Establishing clear policies can deter future medical complicity in torture and human rights violations.
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