Legal Challenges in the Provision of Humanitarian Assistance: The Case of Non-international Armed Conflicts

Author(s):  
Emilie E. Kuijt
2018 ◽  
Vol 112 ◽  
pp. 265-266
Author(s):  
Tracey Begley

The discussion on humanitarian access is, unfortunately, an essential one to have right now. The UN Office for the Coordination of Humanitarian Affairs (OCHA) estimates that about 141 million people across thirty-seven countries are in need of humanitarian assistance. Of that, about 13.1 million people in Syria—that is twice the size of the population of the DC metro area—and 22.2 million in Yemen, just to name two countries in conflict. The operational and legal challenges to try to get even a small amount of assistance to people in need are tremendous.


1996 ◽  
Vol 36 (314) ◽  
pp. 512-531 ◽  
Author(s):  
David P. Forsythe

In today's armed conflicts and complex emergencies more civilians suffer than combatants. After the Cold War one could identify a zone of turmoil in which civilian suffering was acute. But one could also identify a zone of stability from which operated a complicated system of humanitarian assistance designed to respond to civilian suffering. Media coverage emphasized the suffering, but never before in world history had such a kaleidoscope of humanitarian actors tried to provide emergency relief during armed conflicts and complex emergencies. Inevitably calls were heard for better organization and coordination, and in 1991–92 the United Nations created a Department of Humanitarian Affairs (DHA).


1992 ◽  
Vol 32 (288) ◽  
pp. 228-248 ◽  
Author(s):  
Maurice Torrelli

While States ever more ardently defend their sovereignty, which does little to improve international cooperation, and as the application of humanitarian law in armed conflicts declines, men of good will throughout the world are doing their utmost to reverse these trends. The century now drawing to a close has witnessed a plethora of private initiatives taken in an effort to temper reasons of State by more humane considerations. Many non-governmental organizations, some symbolically styling themselves “without borders”, have taken over where governments can no longer cope, organizing relief, combating drought, preserving the environment or improving sanitary conditions. These voluntary organizations whose vocation is to serve mankind are without question pursuing humanitarian aims as defined in the first Red Cross principle, which is “to prevent and alleviate human suffering wherever it may be found”, and whose “purpose is to protect life and health and to ensure respect for the human being”. Emergency medical assistance organizations, stating that they wish to remain independent of the powers that be, demanding freedom of action to help all victims and encouraged by the example set by Henry Dunant and the ICRC, do not hesitate to claim that their activities fall within the terms of an as yet unwritten body of law entitling them to bring assistance to needy civilian communities, even against the will of the government. Indeed, they believe that receiving proper care is one of the basic human rights of the individual, wheresoever and whosoever he may be. Such basic rights know no national boundary. While awaiting recognition of their activities, the duty to intervene is created by moral considerations.


2009 ◽  
Vol 91 (874) ◽  
pp. 371-397 ◽  
Author(s):  
Rebecca Barber

AbstractIn 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Additional Protocols, as well as customary international law, require that states consent to and facilitate humanitarian assistance which is impartial in character and conducted without adverse distinction, where failure to do so may lead to starvation or otherwise threaten the survival of a civilian population. This paper considers whether this obligation has been further expanded by the development of customary international law in recent years, as well as by international human rights law, to the point that states now have an obligation to accept and to facilitate humanitarian assistance in both international and non-international armed conflicts, even where the denial of such assistance does not necessarily threaten the survival of a civilian population.


1988 ◽  
Vol 28 (267) ◽  
pp. 551-554
Author(s):  
Frits Kalshoven

From 22 to 24 June 1988, an international conference was held in The Hague, Netherlands, on “Humanitarian Assistance in Armed Conflict”. It was organized by the University of Leiden's Red Cross Chair of International Humanitarian Law, together with the National Red Cross Societies of Belgium (Flemish Community) and The Netherlands.The conference, which was attended by some 180 participants (with Her Royal Highness, Princess Margriet of The Netherlands, as the most distinguished among them) was opened by the Dutch Minister for Development Co-operation, Mr. Pieter Bukman. Professor René Jean Dupuy, professor of International Law at the College de France, Paris, gave the keynote speech at the opening session. Speakers during the three working sessions of the conference included representatives of the ICRC, the League, UNHCR, Médecins sans Frontières, Médecins du Monde, CEBEMO (the Dutch Catholic Organization for Joint Financing of Development Programmes), Save the Children Fund, Oxfam UK, and the academic world.


2020 ◽  
Vol 15 (1) ◽  
pp. 135-154
Author(s):  
Marina Lebedeva ◽  
◽  
Marina Ustinova ◽  

By the end of XX–the beginning of XXI century the importance of humanitarian and social issues in the world has sharply increased. Humanitarian and social means began to be intensively included in military and economic actions and play a significant independent role. As a result, there was an increase in the importance of “soft security” aspects, and an expansion of this field. This has affected the UN Security Council, which began to pay more attention to humanitarian and social issues, which was demonstrated with the statistical method. The range of humanitarian issues discussed by the Security Council and the list of actors sponsoring resolutions on humanitarian issues has expanded. In the late 1990s–early 2000s the Council begins to consider large amount of humanitarian issues: security issues of individuals in armed conflicts (civilians, children, women, UN and humanitarian personnel); civilian aspects of conflict management and peacebuilding; and separate issues of “soft security” (humanitarian assistance and such “soft threats” to security as HIV/AIDS epidemics, food crises and climate change). In addition, the Council also addresses human rights violations. The promotion of humanitarian issues in the Council on separate occasions was facilitated by high-ranking officials who put a premium on humanitarian issues; various UN bodies and organizations, mainly with humanitarian mandates; some non-permanent members of the Security Council who wanted to leave their mark in the Council’s history; various NGOs. In turn, some countries opposed the adoption of measures that they consider to be within the internal competence of their states. At the same time, the expansion of humanitarian and social problems in the world poses a dilemma for the Security Council: whether to include the entire range of these issues on the agenda, or it is beyond the scope of the Council’s mandate. There is no definite answer here. On the one hand, the world is moving along the path of strengthening humanitarian problems and its ever-greater involvement in security issues. On the other hand, an expanded interpretation of security can impede the work of the Council.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
J Makhoul ◽  
F Nasser ◽  
Z El-Amine ◽  
R Nakkash

Abstract Background Dwindling governmental funding for widespread natural disasters and armed conflicts have attracted corporate funding for humanitarian assistance. Although such funding has allowed expansion of humanitarian programs and capacity building, evaluations of such partnerships are rare and focus only on management aspects, without attention to possible influences on the organizations themselves and the populations they serve. Given the well-established conflicts of interest of corporations and their adverse influence on public health, an assessment of industry funding to humanitarian assistance is necessary to identify potential violations and harms. Methods The research explores the experiences and views of a sample of humanitarian agencies in Lebanon which serve refugee populations about corporate funding and influences on their programs. In-depth interviews with international and local humanitarian agency representatives in Lebanon were conducted and analyzed by thematic analysis. Results Findings indicate perceived advantages with financial assistance, flexible agendas and mutual learning. Meanwhile, challenges fall in project coordination, implementation, and the lack of attention of the private sector to the work ethics with vulnerable populations. Also, this collaboration could impact refugees positively or negatively depending on the type of corporations, their branding and how they are perceived by the populations served. Organizations trust that their processes of detection and reporting are an impervious firewall against conflicts of interest. Conclusions Corporate power expressed through funding to humanitarian agencies may influence the decision making and the implementation of the programs for humanitarian assistance. The study highlights the need for critical thinking about corporate funding, and creating opportunities for discussion about this issue for humanitarian agencies. Key messages Industry conflicts of interest on public health are well-established, but understudied in humanitarian assistance programs. Corporate funding for humanitarian assistance may hide potential conflicts of interest for the corporation.


2017 ◽  
Vol 50 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Tom Gal

Humanitarian assistance is essential for the survival of the civilian population and peoplehors de combatin the theatre of war. Its regulation under the laws of armed conflict tries to achieve a balance between humanitarian goals and state sovereignty. This balance, reflected in the provisions of the 1949 Geneva Conventions and their Additional Protocols, is not as relevant to contemporary armed conflicts, most of which involve non-state armed groups. Even those provisions relating to humanitarian assistance in conflicts involving non-state armed groups fail to address properly the key features of these groups, and especially their territorial aspect. This article proposes a different approach, which takes into consideration and gives weight to the control exercised by non-state armed groups over a given territory. Accordingly, it is suggested that provisions regulating humanitarian relief operations in occupied territories should apply to territories controlled by armed groups. This approach views international humanitarian law first and foremost as an effective, realistic and practical branch of law. Moreover, it has tremendous humanitarian advantages and reflects the aims and purposes of the law, while considering the factual framework of these conflicts.


Author(s):  
Marina Okladnaya ◽  
Lyudmila Perevalova ◽  
Yulia Genkul

Problem setting. Ensuring constant access to humanitarian aid during military conflicts and complex emergencies has always been an important issue for politicians. Its solution is to guarantee the protection of civilians in times of danger and political instability. The practice of humanitarian negotiations led to the emergence of the concept of humanitarian diplomacy in the early 2000s. It was to persuade community leaders and high-ranking decision-makers to act in the interests of vulnerable populations in accordance with humanitarian principles. Humanitarian diplomacy is carried out by humanitarian actors and includes the organization of a safe presence of humanitarian organizations, access to negotiations with the civilian population, monitoring assistance programs, and respect for international law. The development of humanitarian aspects of diplomacy is linked to the protection of the most vulnerable groups – ethnic and religious minorities, women, children, refugees, victims of armed conflict, terrorism and environmental disasters. An important task facing scholars is to study the nature of diplomacy, the history of its development, as well as modern models and tools. Scholars draw attention to the need to return in international relations to the philosophy of morality and values. In our opinion, it is expedient to define the concept of humanitarian diplomacy, to show the formation and development of humanitarian diplomacy and the institute of humanitarian law, to consider the problems of humanitarian activity in the modern world. Analysis of recent researches and publications. K. Schmitt, H. Arendt, M. Foucault, D. Agamben, D. Butler, ES Gromoglasova, TV Zonova, OF Rusakova studied the strategic dimension of humanitarian diplomacy and humanitarian law in their works. In addition, the famous works of domestic scientists such as VF Antipenko, M. Gnatovsky, V. Gutnik, T. Korotky, A. Talalaev, O. Tiunov, I. Lukashuk, J. Zhukorska and others. Target of research is to define the concept of “humanitarian diplomacy”, analyze the historical development of the concept of humanitarian law and diplomacy, describe the current problems of functioning. Article’s main body. The article examines the prerequisites and features of the formation of humanitarian diplomacy and humanitarian law. The authors try to give a modern definition of “humanitarian diplomacy, analyze the historical development of the concept of international humanitarian law and diplomacy.” The role of international organizations in the implementation of humanitarian aid to vulnerable groups during armed conflicts is highlighted, the current problems of humanitarian diplomacy are described. Conclusions and prospects for the development. Given the above, the authors can conclude that the ways of formation and development of humanitarian diplomacy were quite difficult. Only in the middle of the XIX century were the norms and principles on the basis of which vulnerable groups are protected; the first international legal acts of humanitarian law were adopted; international organizations have sprung up to provide humanitarian assistance to all those in need. In modern conditions, in our opinion, humanitarian diplomacy is becoming a key element in providing assistance to all vulnerable groups, which is provided by many actors, such as states, international organizations, ordinary people and their initiatives.


2018 ◽  
Vol 6 (4) ◽  
pp. 61-65
Author(s):  
Марина Рыльская ◽  
Marina Ryl'skaya

the article describes the concept of humanitarian assistance in the interpretation of international humanitarian law on the protection of civilian victims in armed conflicts.


Sign in / Sign up

Export Citation Format

Share Document