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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

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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.

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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.