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Non-conventional humanitarian interventions on Ebola outbreak crisis in West Africa: health, ethics and legal implications Tambo Tambo Infectious Diseases of Poverty 2014, 3:42 http://www.idpjournal.com/content/3/1/42

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Non-conventional humanitarian interventions onEbola outbreak crisis in West Africa: health, ethicsand legal implicationsTambo

Tambo Infectious Diseases of Poverty 2014, 3:42http://www.idpjournal.com/content/3/1/42

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SCOPING REVIEW Open Access

Non-conventional humanitarian interventions onEbola outbreak crisis in West Africa: health, ethicsand legal implicationsErnest Tambo1,2,3,4

Abstract

Due to the lack of Ebola outbreak early warning alert, preparedness, surveillance and response systems, the mostdeadly, complex and largest ever seen Ebola war has been devastating West African communities. The unparalleledEbola tsunami has prompted interrogations into, and uncertainties about, the effectiveness and efficiency ofnational, regional and international community’s illed- responses using conventional humanitarian control andcontainment approaches and methods. The late humanitarian and local non-government organisations emergencyresponses and challenges to curb transmission dynamics and stop the ongoing spread in the Ebola outbreak inWest Africa have led to an unprecedented toll of 14,413 reported Ebola cases in eight countries since the outbreakbegan, with 5,177 reported deaths including 571 health-care workers and 325 died as 14 November 2014. Theseindications the need of further evaluation of monitoring as substantial proportion of infections outside the contextof Ebola epicentres, Ebola health centres treatment and care, infection prevention and control quality assurancechecks in these countries. At the same time, exhaustive efforts should target ensuring an sufficient supply ofoptimal personal protective equipment (PPE) to all Ebola treatment facilities, along with the provision of trainingand relevant guidelines to limit to the minimum possible level of risk. The continent hosts a big proportion of theworld’s wealth, yet its people live in abject poverty, with governments unable to feed and govern them effectively,and who are condemned to endure even darker moments with the Ebola outbreak in West Africa. Institutionalisationof practical and operational non-conventional emergency response models efficient health systems, and tailoredprogrammes can clearly support to prevent, control and eventually stamp out Ebola geo-distribution in addition topopulation mental health services that are requisite to address the massive range of the health, socio-psychologicaland economic consequences during and post Ebola associated crises. There is a critical need for a more pragmaticand robust scientific approach to transform and re-orient the huge natural and human resource potentials towardsachieving universal coverage, the 2015–2030 Millennium Developing Goals (MDGs), sustainable growth anddevelopment in Africa.

Keywords: Non-conventional, Response, Ethics, Legal, Ebola, Humanitarian crisis, Africa

Correspondence: [email protected] Brenner Institute for Molecular Bioscience, Wits 21st CenturyInstitute, Faculty of Health Sciences, University of the Witwatersrand,Johannesburg, South Africa2Center for Sustainable Malaria Control, Department of Biochemistry, Facultyof Natural and Agricultural Sciences, University of Pretoria, Pretoria, SouthAfricaFull list of author information is available at the end of the article

© 2014 Tambo; licensee BioMed Central Ltd. This is an Open Access article distributed under the terms of the CreativeCommons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, andreproduction in any medium, provided the original work is properly credited. The Creative Commons Public DomainDedication waiver (http://creativecommons.org/publicdomain/zero/1.0/) applies to the data made available in this article,unless otherwise stated.

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Multilingual abstractsPlease see Additional file 1 for translations of theabstract into the six official working languages of theUnited Nations.

IntroductionReview of tsunami scale humanitarian crisis in West AfricaThe tsunami scale humanitarian crisis in West AfricaEbola outbreak is the largest, most complex and mostsevere ever seen. Compared to previous episodes in partsof Africa, this outbreak was underestimated. Humanitar-ian organisations have been besieged by the tenaciouswave of new cases, which far outgrows the availablebasic medical, and health capacities and late emergencyresponses [1]. The potential Ebola pandemic and thenegative impact thus far with conventional processesand tools deployed being largely unsuccessful under-score the urgent need for rapid rethinking and/or re-engineering of innovative approaches including the useof non-conventional intervention(NCI) methods andactions which are prohibited by international health reg-ulations under emergency humanitarian crisis, but couldbe effective to prevent further Ebola spread, save thelives of millions and protect the regional and world’seconomy. NCI in Ebola tragedy appears to be new andfrightening may be due to the undertone and previousdocumented impact of such strategy in crisis controland management worldwide [1,2]. However, should NCIeffective in Ebola virus outbreak and humanitarian crisisprevention and containment in West Africa, offer anovel 21st century approach and tools for target andtimely emergency actions, partnership and empower-ment of the communities, strengthening of rapid caseidentification and contact tracing, infrastructure devel-opment for patients care and effective quarantine ofsuspected and relatives contact with patients, patientsbody fluids or deceased, proper protection of healthcareworkers, monitoring and evaluation (M&E). Such evi-dence is yet to be established through the ongoing NCIon Ebola widespread in West Africa, mainly in Liberiaand Sierra Leone.There are five subtypes of the Ebola Virus Disease

(EVD), each named after its country of origin: EbolaZaire, Ebola Cote d’Ivoire, Ebola Sudan, Ebola Restonand Ebola Bundibugyo. The disease is classified as a viralhaemorrhagic fever. The EVD is introduced into the hu-man population through close direct contact with theblood, organs or other body fluids of infected animals orpeople. Those who have had direct contact with bodilyfluids of a person/patient who is infected with the Ebolavirus, who have handled a body of a person who died ofEbola, healthcare workers working with patients infectedwith the Ebola virus, and family and friends of patientswith Ebola are at a higher risk. Burial ceremonies in

which mourners have direct contact with the body ofthe deceased person can also play a role in the transmis-sion of the virus. Healthcare workers have been infectedwhile treating patients with suspected or confirmedEVD, when infection control measures are deficient. Theincubation period varies between 2–21 days and is, mostoften, less after exposure. It is characterised by severefever, haemorrhaging (bleeding), multiple organ failureand often death [2].The Ebola outbreak in West Africa is considered to be

one of the world’s deadliest to date. The EVD illnessesare increasing exponentially in Liberia, where taxis areliteral vehicles of disease transmission as they ferry sickpeople between treatment centres that are too full toadmit them. At least 5,176 people have died of the virusin Guinea, Liberia, Sierra Leone, Nigeria and Mali, andthe virus has resulted in more than 8,000 orphans [1,2].The situation is extremely worrisome, and health workersthemselves are becoming scared of treating patients,which puts a further strain on the health services of theWest African states that have historically faced a shortageof doctors, facilities and supplies, as well as poor healthinfrastructure and facilities [3]. Neighbouring countries in-cluding Ivory Coast and Senegal have shut their borders,and airlines are suspending flights to affected countries.More than 300 doctors and nurses have died in the Ebolaepidemic in West Africa due to a lack of, and/or, chal-lenges and limitations in implementation of appropriateconventional outbreak control and containment measures.Moreover, other reasons have been ascribed and contrib-uted to the worsening the West Africa crisis such as: lackof timely international community action, uncoordinatedhumanitarian organisations, lack of emergency responsemodels in limited resources settings, apprehension andresistance of local population, traditional setting cultureand attitudes to health, and health seeking behaviour andattitudes, weak or inexistent epidemic preparedness, earlyalert systems and contingency plans, regional and globaloutbreak and emergency response unpreparedness, inad-equate moral and psychological guide and counselling to,healthcare workers, domestic and foreign staff, and popu-lation, poor governance and corruption, inability andfailure to meet up with the endorsed Abuja declaration ininvesting 15% of their national Gross Domestic Products(GDP) into Health since 2000, lack of accountability andtransparency in most systems, dearth local resource staffshortages in addition to rural community health centerand other personal protective equipment [3,4]. Also, thereare poor or no early warning alert and surveillance sys-tems and evidence-based responses [5]. To compoundmatters, sending supplies and additional medical staff tohelp the affected communities has become more difficultdue to flight cancellations and border closures which isaimed at averting the increasing spread of the Ebola

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infection in the region and preventing a global pandemicby curbing the ongoing transmission dynamics [1,6]. TheWorld Health Organisation’s (WHO’s) assessment, basedon reports from an emergency team in Liberia, said that‘non-conventional interventions’ are needed to control theoutbreak as the demands have outstripped the govern-ment’s and partners’ capacity to respond effectively. Thesituation requires further support and mobilisation of in-novative approach such as non-conventional interventionassets to stem out the persistent Ebola outbreak’s geo-distribution and dynamic spread across West Africa [7].The Ebola outbreak humanitarian crisis is characterised

by a series of events which represent a critical threat tothe health, safety, security and wellbeing of the local, na-tional and international community. This crisis may evolveand/or extend beyond the mandate or capacity of any sin-gle agency. Such humanitarian crises can be groupedunder the following headings: (1) natural disasters(earthquakes, floods, storms and volcanic eruptions);(2) man-made disasters (conflicts, plane and traincrashes, fires and industrial accidents); and (3) com-plex emergencies (when the effects of a series ofevents or factors prevent a community from accessingtheir basic needs, such as water, food, shelter, securityor health care) [1,3,8]. Hence, complex emergenciesare typically characterised by extensive violence andloss of lives (case fatality); displacement of populations;widespread damage to societies and economies; the needfor large-scale, multi-faceted humanitarian assistance; andthe hindrance or prevention of humanitarian assistance bypolitical and military constraints and significant securityrisks for humanitarian relief workers in some areas. Al-though individuals can be diagnosed definitively in a labora-tory through blood tests, collecting samples from patientsis an extreme biohazard risk with testing conducted undermaximum biological containment conditions [7]. Severelyill patients require intensive supportive care and intraven-ous fluids. In the ongoing Ebola outbreak, the increasinggeographical distribution in the region and the risingfatality rate is due to a lack of specific treatment or vac-cine, although new drug therapies are being evaluated.Implementing the new WHO roadmap synchronised

coordination with 3–4 times scaling up for impactfulinternational responses will help the affected countriesstop the ongoing transmission. This requires severaldetailed conventional and non-conventional global re-sponses, estimated to cost at least US $600 million. Themilitary humanitarian involvement announcements forthe two countries (Liberia and Sierra Leone) follow astrongly-worded statement issued on September 2nd,2014 by Doctors Without Borders (MSF), which statesthat world leaders are failing to address the worst-everEbola epidemic. It called on states with biological disaster-response capacity both civilian and military to send assets

and personnel to West Africa. In a speech to the UnitedNations, the MSF International President stated that theEbola epidemic has overstretched the response capacitiesof West Africa’s health ministries and non-governmentorganisations (NGOs). In the past, MSF has discouragedmilitary interventions in national health emergencies butthe ongoing Ebola epidemic transmission has reachedlevels that can’t be contained without a massive deploy-ment of specialised medical units to boost control efforts[1,7]. The Ebola tsunami is creating a dire need for morehealth workers in Liberia, who unfortunately are often un-knowingly exposed to patients with a virus with symptomsthat mimic other diseases such as malaria, or while work-ing in wards that aren’t designed for EVD treatment. TheWHO reported that 152 of Liberia’s health workers havebeen infected with the disease. A total of 571 health-careworkers (HCWs) are known to have been infected withEVD: 93 in Guinea; 332 in Liberia; 2 in Mali; 11 in Nigeria;128 in Sierra Leone; 1 in Spain; and 4 in the United Statesof America (2 were infected in the USA, 1 each in Guineaand Sierra Leone). A total of 325 HCWs have died. Withthe doctor-to-patient ratio already stretched dangerouslythin, every infection or death of a doctor or nurse depletesresponse capacity significantly Following the WHO EbolaResponse Roadmap structure, country reports fall into twocategories: 1) those with widespread and intense transmis-sion (Guinea, Liberia, and Sierra Leone); and 2) those withor that have had an initial case or cases, or with localizedtransmission (Mali, Nigeria, Senegal, Spain, and the UnitedStates of America). An overview of a separate, unrelatedoutbreak of EVD in the Democratic Republic of the Congois also provided. In Mali, there have been so far 4 reportedcases, including 4 reported deaths. Whereas, the outbreaksof Ebola Virus Disease (EVD) in Senegal and Nigeria weredeclared over on 17 October and 19 October 2014, respect-ively. A national EVD outbreak is considered to be overwhen 42 days (double the 21-day incubation period of theEbola [2].The use of the prime-boost strategy based on the Zaire

and Sudan strains attenuated a strain glycoprotein thatwas first tested on animals for eight weeks. The two-vaccine regimens were effective, though a single dose ofthe first vaccine provided complete short-term and par-tial long-term protection. The two-dose regimen pro-tected the chimpanzee adenovirus rather than a humanfor a full 10 months; earlier tests challenged the ma-caques only four and five weeks after vaccination, ac-cording to the report [7].

The value of non-conventional interventionsagainst Ebola virus outbreak in West Africa

1. Compassionate use of an experimental drug (serum)in humanitarian crisis

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Can an Ebola patient(s) receive ZMapp experimentalserum? The news seemed astounding to the scientificcommunity and the affected communities in Africa. Itwas reported that the two Americans being treated atEmory seemed to have been revived and possibly sur-vived the Ebola infection. In the absence of a drug orvaccine to treat Ebola, the ZMapp experimental serumhas been endorsed by the WHO to be deployed on com-passionate grounds or benevolence action [7,9].In certain situations, the Food and Drug Administration

(FDA) allows companies to provide their experimentaldrugs to people outside of clinical trials, and such use isreferred to as compassionate use. But getting access to notyet approved drugs through a compassionate use requestcan be a long and challenging process. In emergency situa-tions such as an outbreak, access to investigational or ex-perimental drugs for prevention or treatment may bereviewed following an FDA request application and time-line prediction of potential alternative intervention(s). Therequest must meet some definite criteria, which can in-clude that the company has to comply with the requestfor an experimental drug or confirm whether the diseaseis life threatening. Other criteria can include determiningif there is availability of any other treatment and if the pa-tient has not been helped by approved treatments. A phys-ician and/or pharmacologist-epidemiologist outbreakexpert should also attest with evidence that that the optionor benefit of such an experimental drug may pose danger-ous unknown risks or be ineffective), on any early preclin-ical or early clinical study results about the drug trials withdocumented reports guidance from pharmaceutical indus-try good manufacturing processes. The Tekmira, Newlinkand BioCryst pharmaceutical companies, supported by theUS government, the National Institute of Allergy and In-fectious Diseases (NIAID), the Department of Defence’sThreat Reduction Agency (DTRA), and the HHS’ Biomed-ical Advanced Research and Development Authority(BARDA), are working to develop therapeutic candidatesfor the EVD but are still at the early testing phase (con-ducting animal studies on safety and toxicity). Hence, it isimpossible to discuss or negotiate on the compassionateuse of an experimental drug programme for the West Af-rican outbreak due to the established scientific clinical tri-als guidelines and FDA regulations. The need tounderstand and consult all stakeholders such as humandevice regulations holders, institutional review boards(IRBs), clinical investigators and FDA staff on humanitar-ian device exemption (HDE) is highly recommended asnew cases are increasing exponentially.

Medical, ethical and legal considerations of ZMappexperimental serum deploymentIn the absence any Ebola drug and/or vaccine, the ex-perimental vaccine was approved by a committee of

experts based on compassionate grounds that it mightprovide protection against the Ebola menace. The WHOannounced the endorsement of the implementation ofthe compassionate use of ZMAPP in providing relief toEbola patients. The affected populations in West Africahave received the consent of the WHO/AFRO regional,African affected government and international humanitar-ian organisations in frontline responses and interventions[9,10]. Over the past nine months, the WHO/AFRO andaffected West African governments and stakeholders, in-cluding some humanitarian organisations, have consentedon the compassionate use and deployment of experimen-tal ZMapp serum, however, it is not certain what the posi-tions are and what reserve of populations is in crisis.Currently, these drugs/vaccines or therapies have shownto be efficacious in animal models. Notwithstanding, thelack of substantial pre-clinical and clinical data, as well aspharmacovigilance information, renders these productsinadequate and doubtful to prevent or treat a humanpatient/subject with the EVD, who has a different ex-posure history, genetic make-up and environmentalfactors. A number of candidate vaccines and therapieshave been developed and tested in animal models, andsome have demonstrated promising results. In view ofthe urgency and severity of the outbreak, the inter-national community is mobilising to find ways to ac-celerate the evaluation and use of these compounds.Safety in humans is also unknown, raising the possibil-ity of adverse side effects when administered [7]. Theuse of these products is demanding and requires intra-venous administration and infrastructure, such as coldchain and facilities able to offer good and safe stan-dards of care.A two-day discussion was held, centring on the poten-

tial safety and efficacy evidence associated with the useof Ebola therapies and vaccines in chronic case humansubjects, with more than 150 participants representingthe fields of research and clinical investigation. Ethics,legal and regulatory concerns, combined with unusualfactors, including impoverished infrastructure and healthfacilities, make it imperative and mandatory to provideall evidence to gather the required scientific, pharmaco-logical and toxicological data on any testing of un-approved experimental products. Detailed and accuratepopulation time-point events, and administered productkinetics and dynamics with interactive clinical data col-lection in such an impractical field have to be mindful ofthe short- and long-term effects on the most vulnerablepopulations. This data is vital and informative to evalu-ate the potential risks and benefits that can help identifythe most potential promising product amidst severaltherapeutic and vaccine interventions. This should bethe focus of in-depth clinical evaluation over space andtime [7,11].

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Several ethical, health and legal questions appear diffi-cult to answer such as: Can ZMapp obtain individual orcommunity informed consent (‘Yes, I understand, andI’m still willing to participate’) despite the unknownshort- and long-term implications of such an experimen-tal drug? Can someone who is gravely ill and who hasnever heard of the concept of ‘informed consent’ trulyconsider the implications of taking a drug like ZMapp?What are the risks of participation and non-participationof domestic and international vulnerable populations?How do we ensure that people know they are participat-ing in trials? Could individuals feel coerced becauseforeign doctors are the ones asking for consent? Doesthe patient understand that the drug might not work, ormight have very negative side effects down the track?When should physicians use science and experience evi-dence to guide their actions on human study? Also com-pounding these dilemmas is the fact that ZMapp hasnever before been tested on humans.There are no simple answers to these questions of

safety concerns, and the dilemmas faced by scientistsand public health workers with respect to using ZMappare complex. Ethical criteria must guide the provision ofsuch interventions, including transparency about allaspects of care, informed consent, freedom of choice,confidentiality, respect for the person, community preser-vation of dignity and involvement. The need to prioritizeappropriate promising evidence care, fairness on the risksand benefits of using experimental treatments, and timelyinformation dissemination to the community during andpost trails as ascribed in Food and Drug Administration(FDA) regulations as well as compassionate recovery/rehabilitation public-health programmes and mea-sures. Except for the Ebola crisis and death toll, anyscientific, ethical and justifiable moral reasoning re-mains unclear. Hence, transparency about all aspectsof prevention and care including pharmacovigilance ofany affected community in Africa and elsewhere is im-perative. The ultimate goal will be doing robust sci-ence and research for by minimizing detrimental sideeffects and better understand how we might tackle theepidemic containment and eradication for the com-mon good of humanity caring services, scientific ra-tionale and effectiveness of potent vaccines and drugs,and least infringement; public justification for socialjustice and for global prosperity.Lessons learnt from unethical and illegal tragedies

resulting from research travesties include the following:Pfizer’s disastrous trovafloxacin clinical trial during the1996 meningococcal meningitis outbreak in impoverishedsettings in Nigeria [12]; the US Public Health Service (PHS)study of untreated syphilis in black Americans (malenegro), better known as the Tuskegee Syphilis Study(1932–1972); the US PHS Inoculation Sexually Transmitted

Diseases (STD) studies in Guatemala (1946–1948); and thethalidomide tragedy of birth defect epidemics (1950s–1960s) against the Nuffield Council of Bioethics andUniversal Declaration of Human Rights, as well theHelsinki Declarations [13,14]. Understanding the cul-tural context of risks and benefits, evaluation of theconsent and potential presence of undue influence orcoercion and cultural sensitivity in the review proced-ure, the equitability of local enrolment, comprehensivedatabases of the local population on the actual epi-demiology of outbreaks, privacy and confidentialityconcerns, and evaluating the long-term welfare of hu-man participants after ZMapp research are imperiousand mandatory in line with clinical trial basic require-ments and regulations.It is also worth mentioning that the joint WHO/

AFRO, the Economic Community of West African States(ECOWAS) and stakeholder expert committees en-dorsed the following consensus:

(1) The use of whole blood therapies and convalescentblood serums needs to be considered as a matter ofpriority;

(2) Safety studies of the two most advanced vaccinesidentified based on the vesicular stomatitisvirus (VSV-EBO) and chimpanzee adenovirus(ChAd-EBO) are being initiated in the US, and willbe started in Africa and Europe in mid-September2014. The WHO will work with all the relevantstakeholders to accelerate their developmentand safe use in affected countries. If proven safe,a vaccine could be available in November 2014 forpriority use in healthcare workers;

(3) In addition to blood therapies and candidatevaccines, the participants discussed the availabilityand evidence supporting the use of noveltherapeutic drugs, including monoclonal antibodies,RNA-based drugs and small antiviral molecules.They also considered the potential use of existingdrugs approved for other diseases and conditions.Of the novel products discussed, some have showngreat promise in monkey models and have beenused in a few Ebola patients (although, in too fewcases to permit any conclusion about efficacy);

(4) Existing supplies of all experimental medicines arelimited. While efforts are underway to accelerateproduction, supplies will not be sufficient forseveral months to come. The prospects of havingaugmented supplies of vaccines rapidly lookslightly better;

(5) The ‘participants’ cautioned that investigation ofthese interventions should not detract attentionfrom the implementation of effective clinical care,rigorous infection prevention and control, careful

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contact tracing and follow-up, and effective riskcommunication and social mobilisation, all of whichare crucial for ending these outbreaks; and

(6) The recipients of experimental interventions,locations of studies and study design should bebased on the aim of learning as much as we can asfast as we can without compromising patient careor health worker safety, with active participation oflocal scientists and proper consultation withcommunities [7].

However, based on the Internal Health Regulations(2005) and the Human Rights Declarations, the use ofhuman subjects in humanitarian crisis situations re-quires adherence to crucial elements in regards to M&Eand all aspects of vaccine/drug pharmacovigilance: (i)appropriate protocols must be rapidly developed for in-formed consent and safe use; (ii) effective and reliablemechanism for evaluating pre-clinical data should beput in place in order to recommend which interventionsshould be evaluated as a first priority; (iii) a timely plat-form must be established for transparent, real-timecollection and sharing of data, finally detailed, (iv) con-sistent regular short- and long-term safety monitoringboards need to be established for these vulnerablepopulations; and (vi) continuous evaluation of medical,clinical and health data from all interventions with sys-tematic, transparent, liable and responsible short- andlong-term exposed population health record assess-ments, information and community updates, as well asappropriate compensation and rehabilitation programmes,if any.

2. Humanitarian military intervention in the Ebolaoutbreak emergency response

The most important question concerning this inter-vention is: can around 3,000 US and UK military forcescoupled with local military/policy do and accomplish thetasks at hand, or can they help with relief logistics andimplement the much-needed public health programmes?In the meantime, the demands of alternative responses

to the Ebola outbreak have completely outstripped thegovernment’s and relevant partners’ capacity to respond.Fourteen of Liberia’s 15 counties have now reported con-firmed cases [2]. The international community has a re-sponsibility to mount a humanitarian intervention byoutside forces, and authorise member states to take allnecessary measures and change strategy in humanitarianinterventions backed by regional or global combinedbodies to protect vulnerable populations in West Africa.These relief measures include quiet diplomacy, con-structive engagement, provision of relief materials, ad-equate sheltering and food aid for the hard-to-reach

communities using military aircrafts, and confidencebuilding for the more confrontational means of adheringto outbreak emergence guidelines to stop the transmis-sion. In addition to community and national conven-tional intervention approaches and programmes, themilitary could be used to reinforce the rule of law incontact tracing or in changing burial cultural practices,and to limit community resistance and hostility againsthealth staff. In a humanitarian military intervention, theviolation of nation’s/state’s sovereignty for the purposeof protecting human life should be cautionary. It is im-portant to avoid humanitarian organisations, govern-ment/ethnic group preventable repression, famine, civilbreakdown and preventable death, as well as guaranteesuccess with varying degrees of seriousness dependingon the severity and impact of the Ebola humanitariancrisis coordinated use of mixed conventional and non-conventional emergency responses [15-17].The concept of national sovereignty has long been the

chief legal and political obstacle to military interventionin pursuit of humanitarian objectives, linking respect forhuman rights with world peace, thereby allowing for thepreservation of the principle of sovereignty and non-interference. This principle of sovereignty was estab-lished in modern times with the Treaty of Westphalia(1648 exercised by governments on behalf of the people,more or less democratically. Sovereignty thus becamethe cornerstone of human rights legislation, whichbrought an end to the Thirty Years’ War and a centuryof destructive religious conflict in Europe. The benefit ofthe principle of sovereignty, and its corollary of non-interference in the affairs of another state, was the end toconfessional conflicts/wars [15,17]. The negative resultwas the growth of absolutist government where sover-eignty was located in the person rather than the ruler.African and Asian nations (not nation-states) were invadedand conquered, sometimes in the name of civilisation andhumanitarianism. In contrast to the contemporary debatesaround intervention in Bosnia and even Iraq reflect thesame sort of hesitation to intervene when the main issue isa regime’s treatment of its own subjects [18].For these reasons, consideration of a military humani-

tarian intervention should be subject to rigorous precon-ditions, which have rarely, if ever, been met in practice.Military intervention, if acceptable at all, should be a lastresort. Where military intervention is contemplated orimplemented, there has always been a history of inept ordamaging diplomacy and peacekeeping, and inadequateor incompetent relief programmes by the internationalcommunity. Alternatives, if tried, rarely have been triedproperly. In every case in which military interventionhas been tried or is contemplated, observers with de-tailed knowledge of the situation can point to missed op-portunities and serious blunders [15,17].

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Military intervention motivations and humanitarianinterventionThe Ebola outbreak has been spreading like wildfiredevouring everything in its path across West Africa. Cus-tomary international law has always recognised a principleof military intervention on humanitarian grounds. Theclassic examples of 19th-century ‘military humanitarianintervention’ history allow us to take a more sceptical viewwith regard to the interests at stake. Nonetheless, the the-oretical and legal debate has been sophisticated. In thecase of the Ebola outbreak, non-intervention – as inthe case of a revolution which may sometimes snatch aremedy beyond the reach of law, its essence is legalityand its justification – should be at the helm of itssuccess in curbing the Ebola crisis, strengthening thedelivery of health care to the far-to-reach and mostvulnerable communities, restore hopes and foster sus-tainable development [19].For example, European confidence in its ‘civilising mis-

sion’ was severely tested by the experience of dictator-ship, beginning with the Italian invasion of Ethiopia in1935. The UN Charter was therefore drawn up in thecontext of extreme scepticism about ‘humanitarian’ justi-fications for intervention purposes [18]. Critics of mili-tary humanitarian intervention argue that it is noaccident that the doctrine of humanitarian interventionin customary law was so abused that it had becomeworthless. Advocates argue that the UN Charter is de-signed to restrict the use of force to self-defence and col-lective action in support of peace and human rights.Over the last 40 years, a number of governments havejustified unilateral military action with reference to thecustomary law of military humanitarian intervention inone form or another. Without exception, the internationalcommunity has refused to recognise these actions as legit-imate. Clear instances are Vietnam’s invasion of Cambodiaand Tanzania’s invasions of Uganda, both in 1979. In allthese cases, the absence of UN sanction of the military ac-tion has been of paramount importance in the wider re-fusal to condone the actions as true cases of humanitarianintervention [18].In a globalised world, military humanitarian intervention

might have recently undergone a revival in circumstanceswhere national sovereignty has manifestly failed to servethe citizens of a given state. If an abusive government suchas the one in Iraq or Sudan cites ‘sovereignty’ to defend ac-tions involving mass violations of human rights (or, in ex-tremis, genocide), then it is clearly failing to exercise thatpower on behalf of the people to whom it is supposed tobe accountable. Democratic endorsement can only be seenas the outcome of a genuine international collectivewill of the community of nations’ consensus on UniversalDeclaration of Human Rights and IHR (2005), where thebenefits outweigh the consequences. This should not be

the outcome of manipulation by one or more powerfulcountries with foreign policy concerns.The legal status of military humanitarian intervention,

although challenging, may be justifiable in the Ebola cri-sis and the joint WHO-ECOWAS community is unitedin demanding such action. The problem is that few, ifany, cases of military intervention that cite this doctrinecome close to the ideal [3,8,15,17]. In fact, application ofhumanitarian military intervention in practice in theEbola crisis in West Africa can take a variety of forms:material assistance (through relief aid); sanctions (coer-cive, non-military pressure to end abusive practices); andthe dispatch of military forces to remedy a human tragedy.Response in the form of material preventive or protectionrelief is difficult and has seldom proven capable to stopthe Ebola outbreak based on ongoing unnoticed and coun-terproductive efforts of relief organisations with resultinglong-term health and economic consequences. Situationsof assistance are even more problematic since they arelikely to have strategic military significance [3,17,20]. Forexample, the large-scale provision of aid to Ethiopia in themid-1980s helped to make possible counterinsurgencycampaigns that were deeply damaging to the rural poor.In a nutshell, material relief or diplomatic interventionswith humanitarian goals not to mention coercive stepssuch as sanctions – are loaded with strategic significance,may be difficult to implement and are rarely done particu-larly well due to incompetence or mixed motives by theUN or other representatives of the international commu-nity. This is an essential point to grasp before consideringthe merits and demerits of military intervention in pursuitof genuine and holistic humanitarian aims and responsesin Africa.

3. Promoting the use of non-conventional shelteringfor Ebola victims and survivors

During the ongoing Ebola outbreak, though house-holds and buildings have been inspected and determinedto be safe, several vulnerable populations fled theirhomes to take refuge in urban cities across borders andelsewhere, with the hope that governments and theinternational community would provide more befittingsecurity, as well as daily basic medical services for theirsurvival. This requires donations; health worker volun-teers; logistical support/anchorage management; publichealth, medical and mental health services; food servicesfor families; survivors’ reunification to local culture, cus-toms and security of lives and properties [20,21]. Alsothere’s need for contingency and emergency evacuationplanning and recovery programmes.Emergency responses, management agencies and juris-

dictions are recognising the need to plan for shelteringoperations as a result of their historical use following

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catastrophic events when the capacity of traditional con-gregate shelters is exceeded. Some examples are theNorthridge Earthquake (1994), Hurricane Katrina (2005)and the Samoa Tsunami (2009), just to name a few.Open space shelters or other shelter options need to beappropriate for the local environment and weather con-ditions (not all tents are designed for all weather condi-tions) [20].To capture pertinent information regarding the histor-

ical use of non-conventional sheltering, we focused ontwo sheltering models: (1) mega-shelters, which are largefacilities (e.g. stadiums or conference centres) that canhouse large groups of evacuees, and (2) open space shel-ters, which are large outdoor environments (e.g. funfairgrounds or parks) and use soft-sided or temporarily con-structed structures. These require high levels of coordin-ation and organisation between the public and privatesector. Spontaneous open space shelters have been initi-ated for the Ebola-affected population, and other openspace shelters have been initiated by governments, NGOsand humanitarian organisations (schools, hospitals/clinics,stadium, recreation centres and parks).

4. Scaling up nutrition and utilisation of non-conventional food aid resources

Although a number of nutritious food resources areboth cultivated and gathered in the different ecologicalzones of Africa, Ebola treatment centres, food security,balanced nutritious diets, hunger and malnutrition remainmajor challenges across the continent [22]. Reasons whythe food and agricultural sector performs poorly in the dif-ferent geographical parts of Africa are external, internaland natural. With the growing capacity of West Africancountries to import food to supplement inadequate do-mestic production and consumption supplies, keepingthese food resources for times of crises/disasters shouldhave been kept a priority [8]. Non-conventional food aidresources should be provided for and delivered to vulner-able populations in the respective communities andcountries, and timely national agricultural and livestockempowerment response programmes, raising awarenessand providing the civilian population with constant in-formation, training and capacity building, and guid-ance and support, and information management aswell as grooming entrepreneurship culture. Motivat-ing, educating, stimulating and persuading the publicto employ lifesaving measures or mechanisms that trig-ger the effectiveness and efficiency of the culturalbehaviour and daily life practices and in emergency sit-uations should also be encouraged [23,24].The presence of Western relief agencies can give

spurious humanitarian credentials to military operationsdesigned to displace and impoverish rural communities.

The relief programmes in humanitarian crisis that havebeen successful have been implemented in concert withattempts to address the strategic context as well andcapitalize on local health workers towards optimalmobilization and participation in community interven-tions. For example, in 1989, Operation Lifeline playeda key role in restoring a degree of normality to south-ern Sudan, devastated by war and famine [23]. Therewas a simultaneous ceasefire brought about by in-ternal political processes in Sudan. The ceasefire madeit possible for rural people to return home, plant cropsand herd their animals in confidence that they wouldnot be attacked. Trade and labour migration also be-came possible. The economic benefit of these activitieswas far greater than the provision of relief, though thelatter received much more international publicity onfuture outbreak global response responsibilities andactions [25].How can the strategic context of the famine and malnu-

trition caused by the Ebola outbreak best be addressed?UN or World Bank resolutions and other diplomatic andeconomic measures? Unfortunately, such are not giventhe chance to work, are broken or are only attempted toolate. In addition, many conventional interventions ac-tually contribute to varied degrees of human sufferingand hardship especially regarding vulnerable popula-tions in developing countries. Thoroughly constructiveand participatory diplomacy achieved by associatingand guiding local civic groups, notably the churches,and local NGOs to promote alternative support initia-tives is equally vital and proving to be productive. Thedeployment of UN peacekeeping forces can usually beclassified as a diplomatic, rather than a military, interven-tion. Peacekeepers are deployed with the consent of thecombatant parties as part of a diplomatic process.

5. Management of non-conventional humanitarianinterventions

Management should involve system enhancement andimplemented through joint efforts guided by evidence-based information both from community and frontlinehumanitarian organisations. Timely and fit-for-purposeresponses should be instituted in promoting trust, co-operation and prompt recovery through accessible and24 hour-functioning Ebola healthcare centres and deliv-ery of other public healthcare services nationwide. Theneed to encourage sustainable mobile health or web-based health application surveillance and early warningalert systems towards rapid information and communi-cation management and tracing is also important. Publicand private sector partnerships in emergency managementand recovery services of non-conventional interventionsrequire further careful research in filling knowledge gaps

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and issues. However, most people are aware of the activerole any non-profit organisations take in disaster relief;for-profit contractors or organisations/country may not beas obvious but often play just as important a role. How-ever, with the outlay of government support also comes avariety of opinions (e.g. political agenda) which dictatewhere and how the resources should be spent. Innovativepartnerships should be effective, aimed at improving andalleviating burden, and preventing death from the out-break in the field by utilising new methods and state-of-the-art approaches of active mitigation, collectionresponsibility in preparation, response and recoveryunder the provincial, national and regional emergencyresponse framework.In light of the potential success of the formal and/or

informal systems based on trust, confidence and credibil-ity, accountability and distribution systems that enable ac-cess to the affected communities to determine what isrequired and how to proceed – and potentially combiningoversight and responsibility with more decision-makingpower on the ground and increased flexibility – should bedeveloped. The level of creativity allows member organisa-tions to address needs that could not be met through trad-itional government channels, perfectly illustrating how thework of NGOs and the governments they are associatedwith should move forward hand in hand. Of course, for allthe positives that come with a more active public, thereare some difficulties associated with an increased level oflocal and private-sector involvement. Inherently con-nected to a dispersion of authority comes a lack of stand-ardisation in the quality of work, and differing views onthe appropriateness or effectiveness of any given practice.However, a rapidly developing and stretched emergencycan also bring these humanitarian service providers fatigueto the point of breakdown.As evidence of the growing philosophy of ECOWAS’

cooperation, volunteer organisations in emergency re-sponse and management are generous with their time,money and community outreach programmes, and co-ordinate planning efforts that can impact significantly oncommunities. Active and open relationships betweengovernments and non-profits or businesses with clearguidelines for emergency chain procurement are crucial:without regular testing and practice, all the arrange-ments and memoranda of understanding are worthless.Excessive rigidity in a system designed to deal with thechaos of an emergency is a recipe for failure as trying toprevent past mistakes brings about many questionsabout how future pandemics will actually be prevented[1,7]. The key in moving forward and continuously im-proving our abilities is to push for a greater sense of co-operation and synchronised coordination between thepublic and private sectors, including sharing of expertiseand resources in globalisation. There are many parts of

the field that need work and with limited resources, itcan often be difficult to accomplish everything with in-novative solutions and leadership in order to overcomethe challenges currently faced and improving our technicaland structural processes. One of the crucial adjustmentsmust be an honest assessment and comprehensive ap-proach of current funding arrangements, especially in lightof the fact that important programmes are not always theones that get flashy media attention, as well as impactfunding opportunities that encourage communities to takecontrol of their own preparedness. For example, peopleprefer to have a say in what happens to them, and the co-ordination of efforts between the government and thepublic offers a sense of control over situations that can beexceedingly chaotic. All in all, there are currently glimpsesof how safe and secure we can make our country and theentire regional sustainable development.There is an urgent need for concrete measures to reduce

the vulnerability of societies to deal with outbreaks, theloss of human lives, and the heavy physical and economicdamage that occurs as a result. The development and im-plementation of joint administrative, technological andscientific approaches, funding mechanisms and policiesshould be initiated and endorsed by African local institu-tions and countries including intergovernmental, regionalorganisations and associations that have adopted, actionprogrammes with the participation of private companiesand individuals (including allocation of budgetary re-sources and the exchange of data and technology, as wellas. Importantly, the WHO roadmap guidelines on crisis/disaster prevention, preparedness and mitigation, and itsplan of action against the Ebola outbreak could guide pri-orities commitment and work plan timeline. The develop-ment of country initiatives to preparedness and diseasesurveillance response promotion, enhanced exchange andstronger regional cohesion, M & E translation intoconcrete activities and actions in close cooperationwith all stakeholders comprising the affected commu-nities, governments and international framework ofactions. Nurturing timely mobilisation of domestic re-sources for sustained financial and structural stabilityand establishment of functioning early warning andsurveillance response systems is invaluable evidence ofeffective and concrete programmes and activities im-plemented based on local context and in strengtheningexisting health system. Similarly, commitment andfunding to study conventional and non-conventionalmeasures and effective programme priorities and guid-ance, both at the national level and with respect tosub-regional, regional and international technical co-operation, are essential [3,7].Conclusively, for successful outbreak reduction and

containment programmes, necessary support should beprovided to national and regional policy and to global

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strategy development, public awareness building and re-source mobilisation should be fostered networking.The scientific community should be encouraged and

national committees should be supported to integratetransdisciplinary and cross-sectorial programmes at alllevels. Effective and efficient, accurate and timely out-breaks early warning capacities, prevention, preparednessmeasures and strategic dissemination of information capi-talising on advances in telecommunications such as socialmedia, internet and broadcast services are key factors tosuccessful crisis/disaster prevention. The need to mitigateon improvements in coordinating platforms and its planof action, and capacity building in community/nationalprogrammes and activities, is crucial in promoting reliableand robust emergency relief systems and monitoringadverse impacts with contingency plans for sustainabledevelopment.

An uncertain futureBeyond operational and political concerns, humanitarianmilitary intervention also involves legal issues outside ofthe UN Security Council mandate. In non-conventionalinterventions, accountability and human rights must berespected and could be part of an innovative model foremergency response to global disease outbreaks basedon lessons learnt from peace and conflict resolutionsfrom previous military intervention outrages in conflictevents worldwide. The willingness to use non-conventionalinterventions is inevitably influenced not only by the des-peration of the affected population and cancellations ofcommercial flights in West Africa, but also by economicand geopolitical factors, including the relevance of thecountry to the world community and its regional stability.The attitudes of other major global health players haveprompted discussions on the impact of commitment andprompt actions on Ebola outbreak humanitarian crisis inWest Africa and the urgency for African countries to em-bark on proactive planning and steps in emerging diseasepandemic preparedness, early warning indications, surveil-lance and emergency response. As both top-down protec-tion and bottom-up empowerment systems should becomprehensive, multi-dimensional, necessary to realise hu-man security and protection from disease outbreak andlimit crises, monitoring goals and indicators should not belimited to prevention and protection measures, but shouldalso include perspectives for risk reduction management,early warning and strengthening of resilience. Strengthen-ing of socioeconomic and environmental capital is an im-portant component for community capacity building andempowerment towards entrepreneurship and communityownership of health programmes and interventions, as wellas service delivery, thus contributing directly to identifyingand implementing solutions, and individual and societalcapabilities to measure and monitor their performance.

How can predictions mimic naturally both animal and hu-man occurring disease outbreaks, lives and economic up-heaval from future mystery illnesses with quantifiedcontemporary uncertainty, understanding of force-of-infection and duration threatening to increase in the nearfuture?

ConclusionSolving global health problems are increasingly becomingtoo complicated to be addressed by single actors, multi-sector actors and approaches rather than “one humanitar-ian model fits all”, comprehensive population’s centeredand context-specific approaches. Global community andhuman security, which all highlight concerns with variousthreats and perils such as wars, violent conflicts, naturaldisasters, catastrophic accidents and illness, should begiven close attention to enhance its preparedness andemergency response platforms. It is unrealistic and ineffi-cient to expect each country to be prepared for potentialthreats: strategic international partnership is required tocollaboratively share the risks and strengthen societal re-silience towards sudden outbreaks/shocks. Regional co-operation and global cooperation have to be developed toenhance preparedness to deal with large-scale hazards andmitigate sustainability, protection and empowerment, andrecovery and rehabilitation programmes based on the bestand most robust scientific information and coordinatedpublic programmes in urban and rural areas.

Additional file

Additional file 1: Multilingual abstracts in the six official workinglanguages of the United Nations.

Competing interestsThe author declares that he has no competing interests.

Authors’ contributionsET conceived, collected and analysed the data, and drafted the manuscript.ET provided additional information. The author critically read and approvedthe final manuscript.

AcknowledgmentsNo funding body supported this study. The above-mentioned institutions arethanked for their support.

Author details1Sydney Brenner Institute for Molecular Bioscience, Wits 21st CenturyInstitute, Faculty of Health Sciences, University of the Witwatersrand,Johannesburg, South Africa. 2Center for Sustainable Malaria Control,Department of Biochemistry, Faculty of Natural and Agricultural Sciences,University of Pretoria, Pretoria, South Africa. 3National Institute of ParasiticDiseases, Chinese Centre for Disease Control and Prevention, and the WHOCollaborating Centre on Malaria, Schistosomiasis and Filariasis, Shanghai200025, People’s Republic of China. 4Faculté des Sciences Biomédicales etPharmaceutiques, Université des Montagnes, Bangangté, République duCameroun.

Received: 11 September 2014 Accepted: 19 November 2014Published: 25 November 2014

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doi:10.1186/2049-9957-3-42Cite this article as: Tambo: Non-conventional humanitarianinterventions on Ebola outbreak crisis in West Africa: health, ethics andlegal implications. Infectious Diseases of Poverty 2014 3:42.

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