Published February 28, 2023 | Version CC BY-NC-ND 4.0
Journal article Open

Problems of Legal Regulation of Humanitarian Relief in Armed Conflicts

Creators

  • 1. Faculty Member at Faculty of Law, and Legal Studies, Idlib University, Syria.
  • 2. Assistant Professor, Faculty of Islamic Studies and Law, Idlib University, Syria.
  • 3. Department of Political Science and Public Administration, Gaziantep University, Turkey.

Contributors

Contact person:

  • 1. Faculty Member at Faculty of Law, and Legal Studies, Idlib University, Syria.

Description

Abstract: Armed conflicts lead to the deterioration of the living conditions of civilians and deprive them of the basic necessities of life, which may result in catastrophic human tragedies, due to the inability of the parties to the conflict to provide basic goods and services or obstruct that. Humanitarian relief work provided by states and humanitarian organizations comes as a decisive and necessary tool to preserve The life, health, and dignity of these people, and this relief is subject to a long-standing legal regulation in international law, which despite its importance in achieving facilitation of humanitarian relief work and ensuring its arrival, but it has some problems that may prevent it, so this study comes as an attempt to identify these problems and put them on the research table Hoping to spark discussion about possible solutions to it so that the goal of the provisions of international law regulating humanitarian relief is achieved in facilitating the arrival of humanitarian relief to those in need at the right time and in the appropriate form.

Notes

Published By: Blue Eyes Intelligence Engineering & Sciences Publication (BEIESP) © Copyright: All rights reserved.

Files

F1577029623.pdf

Files (377.6 kB)

Name Size Download all
md5:5b36f8dc4632c19eaffa2871baab1b56
377.6 kB Preview Download

Additional details

Related works

Is cited by
Journal article: 2394-0913 (ISSN)

References

  • Haider Kazem, Humanitarian Aid, A Study in the Light of International Humanitarian Law, Al-Mohaqiq Al-Hali Journal of Legal and Political Sciences, College of Law, Bab University, Iraq, Third Issue, Eighth Year, 2016, pp. (359-395), p. 359.
  • Wael Ahmed Allam, Legal Regulation of Humanitarian Relief Work in Armed Disputes, Sharia and Law Journal, College of Law, United Arab Emirates University, Twenty-sixth Year, Fifty-second Issue, October 2012, pp. (443-508), p. 445.
  • Rebecca Barber, Facilitating Humanitarian Assistance in International Humanitarian Law and Human Rights Law, Selections from the International Review of the Red Cross, Volume 91, Issue 847, Jazran, 2009, pp. (91-117), p. 101.
  • Humanitarian relief work constitutes the basis that provides the minimum level to guarantee the enjoyment of the right to life, which is confirmed by many texts of international humanitarian law. See Article (3), the Universal Declaration of Human Rights, approved by the United Nations General Assembly, according to Resolution No. 2/7 A (D-3) dated 10/12/1948 AD., Article (6), the Covenant on Civil Rights and political, which was ratified by the General Assembly of the United Nations under Resolution No. 2255 (A D-21), dated December 16, 1966 AD, which entered into force on March 23, 1976 AD., Article (12), the International Covenant on Economic, Social and Cultural Rights, which Ratified by the United Nations General Assembly by Resolution No. 2255 (A-21), of December 16, 1966, which entered into force on March 23, 1976., Articles ((1 and (8), European Convention for the Protection of Human Rights and Fundamental Freedoms, Held on 11/4/1950, entered into force on 9/3/1953, Article 4, American Convention on Human Rights Done in San Jose, on 11/22/1969, entered into force on 7/18/1978.
  • The right to health is an essential component of the right to life, and this right is stipulated in many covenants of international human rights law. See Paragraph (1), Article (25), Universal Declaration of Human Rights of 1947 AD, previous reference., Paragraph (1), Article (2), International Covenant on Economic, Social and Cultural Rights, previous reference. Paragraph (43), (a) (d) (e) of General Comment No. (14) on the enjoyment of the highest standard of health, issued by the Committee on Economic, Social and Cultural Rights, twenty-second session of the year 2000, available on the website: http://hrlibrary.umn.edu/arabic/cescr-gc14.html
  • International human rights law grants everyone the right to an adequate standard of living for himself and his family, including adequate food. See Article (25) of the Universal Declaration of Human Rights of 1948, previous reference., Article (11), International Covenant on Economic, Social and Cultural Rights, previous reference., Paragraph (15) of General Comment No. (12) related to the right to adequate food, issued by the Committee on Economic, Social and Cultural Rights, twentieth session 1999, available on the website: http://hrlibrary.umn.edu/arabic/cescr-gc12.html
  • They are: The First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 The Second Geneva Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 The Third Geneva Convention on the Treatment of Prisoners of August 12, 1949 The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of August 12, 1949. They are: Protocol I addition to the Geneva Conventions of August 12, 1949, relating to the protection of victims of international armed conflicts, of June 10, 1977. Additional Protocol II to the Geneva Conventions of August 12, 1949, relating to the protection of victims of non-international armed conflicts, of June 10, 1977.
  • It must be noted that the rules of international humanitarian law applicable to the protection of humanitarian assistance in armed conflict differ according to the nature of the conflict in question, the nature of the parties to the conflict, and the question of who has control over the land. In the case of international armed conflicts (including the case of military occupation), The provision of humanitarian assistance is regulated by the Fourth Geneva Convention of 1949 and the First Additional Protocol attached to it of 1977. In the case of non-international armed conflicts, humanitarian assistance is regulated by Article (3) common to the four Geneva Conventions of 1994, and the Second Additional Protocol annexed to it of 1977. International law customary. For more, see Rebecca Barrier, previous reference, p. (102-107).
  • Qasimi Youssef, Humanitarian Aid Between the Necessity of Urgency and the Requirements of Development, Ph.D. Thesis, Faculty of Law and Political Science, Mouloud Mamari University, Tizi Ouzou, Algeria, 2018, p. 154.
  • Ruth April Stolver, Legal Regulation of Humanitarian Aid in Armed Conflict, Achievements and Gaps, Selections from the International Review of the Red Cross, Issue 855, 31/12/2004, p. 3.
  • See these principles in the International Review of the Red Cross, Vol. 97, No. (897/898), 2016, p. 18. https://www.icrc.org/ar/publication/fundamental-principles-of-the-red-cross-and-red-crescent
  • Claudia McGoldrick, The Future of Humanitarian Work from the Perspective of the International Committee of the Red Cross, International Council of the Red Cross, Selections from the International Review of the Red Cross, Volume 93, Issue 884, December 2011, p. 3.
  • Vincent Bernard, The Spirit of Human Principles in its Practical Image, International Journal of the Red Cross, Volume 97, Issue (897/898), 2016, pp. (7-18), p.8.
  • The statutes of the International Red Cross Movement clarified the principle of humanity: "The International Red Cross and Red Crescent Movement, which emerged from the desire to provide relief to Al-Jarji on the battlefield without discrimination, seeks as a movement of international and national character, to avoid and alleviate human suffering." Wherever you find...". The Statutes and Bylaws of the International Movement of the Red Cross and Red Crescent, adopted by the Twenty-fifth International Conference of the Red Cross and Red Crescent in Geneva in October 1986, amended by the Twenty-sixth International Conference in December 1995, and the Twenty-Ninth Conference of the Red Cross and Red Crescent held in Geneva in June 2006. Available On the website: https://www.icrc.org/statutes-international-committee-red-cross. it is stated in Article (3) common to the Geneva Conventions of 1949 AD, which indicates that: "People who do not participate directly in hostilities, including members of the armed forces who have laid down their arms, and persons unable to fight due to illness, wound, detention, or any other Another reason is that they are treated humanely in all circumstances...".
  • The Statute of the International Movement of the Red Cross clarified the principle of impartiality: "The movement does not practice any discrimination based on nationality, race, religious beliefs, social status or political opinions, and it seeks to alleviate the suffering of individuals according to their needs only and to give priority for the most urgent cases of distress." Statutes and bylaws of the International Movement of the Cross and Red Crescent, previous reference. It is stipulated in many texts of international humanitarian law. See Article (9) of the First Geneva Convention of 1949. And Article (59) of the Fourth Geneva Convention.
  • The statutes of the International Movement of the Red Cross clarified the principle of neutrality: "For the company to maintain the confidence of all, it shall refrain from supporting any of the parties to hostilities or participating, at any time, in controversies of a political, racial, religious or ideological nature.". Statutes and bylaws of the International Movement of the Cross and Red Crescent, previous reference.
  • The Statutes of the International Movement of the Red Cross clarified the principle of independence: "The movement is independent, and although National Societies act as auxiliary bodies in the humanitarian services provided by their governments and are subject to the laws of their countries, they must maintain their autonomy so that they can act." at all times following the Principles of the Movement." Statutes and bylaws of the International Movement of the Cross and Red Crescent, previous reference.
  • Borono Baumeye, The Use of Force to Protect Civilians and Humanitarian Action: The Case of Libya and Beyond, International Committee of the Red Cross, Vol. 93, No. 884, September 2011, p. 14.
  • The Norwegian Refugee Council, Challenges Facing Principled Humanitarian Work, Perspectives from Four Countries, July 2016, p. 7.
  • Claudia McGough by Drake, previous reference, p. 10.
  • Lucy V. Salik, Fragrances of Faith in a Secular World, Human Principles from an Islamic Perspective, International Review of the Red Cross, 2016 AD, Volume 97, Issue (897/898), pp. (345-370), p. 364.
  • Vincent Bernard, previous reference, p.11.
  • Peter Maurer, Humanitarian Policy and Humanitarian Action Based on Principles, published in the International Review of the Red Cross, 2016, Volume 97, Issue (897/898), pp. (445-452), p. 450
  • Claudia McGough to Drake, previous reviewer, p. 10.
  • The Norwegian Refugee Council, previous reference, p. 9.
  • Vincent Bernard, previous reference, p. 12.
  • Ibid., p. 13
  • Barbara Brubacher, Ethical and Practical Challenges to the Neutrality of Non-Governmental Organizations, Bulletin of the Center for Research and Training of International Non-Governmental Organizations, No. 28, October 2004, p. 3.
  • Kellenberger Jacob, Do we speak openly, or are we silent during humanitarian action? Selections from the International Review of the Red Cross, Issue 855, 2004, p. 9.
  • See: Statutes of the International Movement of the Red Cross and Crescent, previous reference.
  • Broman Rooney, Doctors Without Borders and the International Committee of the Red Cross, A Matter of Principle, Selections from the International Review of the Red Cross, Vol. 94, No. 888, 2012, p.6. Including the committee's condemnation of violations of international humanitarian law in Bosnia and Herzegovina in 1992, criticism of the Myanmar authorities in 2007 for not giving it the appropriate climate to perform its work, condemnation of the massacres in Côte d'Ivoire in 2011 for more see: Qassa Abd al-Rahman, Humanitarian Action between Text and Practice, dissertation Ph.D., Faculty of Law and Political Science, Mouludi Mamari University, Tizi Ouzou, Algeria, 2018, pp. (71-73).
  • Barbara Brubacher, previous reference, p. 3.
  • Broman Rooney, previous reference, p. 3.
  • Barbara Brubacher, previous reference, p. 3.
  • Al-Akhdar Mubadou'a, previous reference, pg. 267.
  • Claudia McGoldrick, previous reference, p. 9.
  • The Norwegian Refugee Council, previous reference, p. 54.
  • Vincent Bernard, previous reference, p. 13
  • Peter Maurer, Humanitarian Policy and Principle-Based Humanitarian Action, International Review, (2016 AD), previous reference, p. 445 to p. 452, p. 445.
  • Mukhadama Muhammad, The Right to Humanitarian Assistance, Yarmouk Research Journal, Human and Social Sciences Series, Volume 13, Issue (2-a), Yarmouk University Publications, 1997, p. 218.
  • Wael Ahmed Allam, previous reference, p. 377.
  • This condition is expressly stated in Article (9) common to the first three agreements and Article (10) of the Fourth Convention on the same common formula, which restricts the activities that can be carried out by the International Committee of the Red Cross or any impartial humanitarian body to protect and provide relief to the wounded patients, medical and religious personnel, subject to the consent of the parties concerned. See: Article (9), the First, Second, and Third Geneva Conventions of 1949 AD., Article (10), Fourth Geneva Convention of 1949
  • Qasimi, Youssef, previous reference, p. 156.
  • See Article (23), Fourth Geneva Convention in 1949. As well as Articles: (70) and (71), Additional Protocol I in 1977.
  • Article (59) of the Fourth Geneva Convention stipulates that: "If all or part of the population of the occupied territory lacks sufficient provisions, the Occupying Power must allow relief operations … and provide them with facilities as far as their means allow."
  • Qasimi Youssef, Humanitarian Aid between the Necessities of Urgency and the Requirements of Development, Ph.D. thesis, Faculty of Law and Political Science, Mouloud Mamari-Tiriozu University, 2018, p. 157.
  • Article (3) is common to the four Geneva Conventions of 1949.
  • Al-Akhdar Mubdoua, Humanitarian Action in Armed Conflict, Ph.D. thesis, Faculty of Law, University of Algiers, Algeria, 2016, p. 294.
  • Article (18), the First Additional Protocol of 1977.
  • Qassa Abd al-Rahman, previous reference, p. 53.
  • Al-Akhdar Mubda'a, previous reference, pg. 270.
  • There are two exceptions to this principle: the first: is the duty of the Occupying Power to approve humanitarian relief work. It can be deduced from the text of Article (59) of the Fourth Geneva Convention, which states: "If all or part of the population of occupied territory lacks sufficient supplies, The Occupying Power must allow relief operations... and provide them with facilities as far as their means allow." Second: States' obligation to accept humanitarian relief, if the refusal of relief work may lead to starvation of the civilian population, and threaten their survival. It can be deduced from Article (18) of the Second Additional Protocol - after linking it with Article (14) of the same protocol that prohibits the use of starvation as a method of fighting - which includes, as a minimum, an obligation on the part of states to accept humanitarian relief if the situation is in a way that may lead to refusal Relief actions starve a civilian population or threaten its survival. See Article (14) and Article (18) of the Second Additional Protocol of 1977. For a more in-depth reading of these exceptions, see: Rebecca Barber, previous reference, pp. (105-107)
  • Qassa Abd al-Rahman, previous reference, p.62
  • See: Shakara Nadia Diaa, The Crisis of State Sovereignty towards the Policy of International Humanitarian Intervention, Journal of Legal and Political Sciences, Al-Aliya Association for Research and Strategic Studies, Iraq, Volume 1, Number 2, 2011 AD, p. 318.
  • See Articles: (54) of the First Additional Protocol of 1977, (14) of the Second Additional Protocol of 1977, (8/2-b) of the Statute of the International Criminal Court, ratified in Rome (Italy) on 17/ 7/1998 AD, entered into force on 1/7/2002, Document No.: 10/183 CONF/A.
  • International Law Commission, Protection of Persons in Disaster Situations, Sixty-third Session, Geneva / from July 7 to August 8, 2008, United Nations Document No.: 590/CN.4/A, p. 164.
  • Ibid.
  • See: Paragraphs (9) and (10) of the preamble to Regulation No. 43/131, issued by the General Assembly, on December 8, 1988, relating to the provision of humanitarian assistance to victims of natural disasters and similar emergencies, United Nations Document No. 131/43/RES/A.
  • Concerned about the difficulties and obstacles that victims of natural disasters and similar emergencies may encounter in receiving humanitarian assistance, Convinced that in the provision of humanitarian assistance, in particular the transportation of food, medicines, and medical aid, the delivery of which is imperative to the victims, The speed with which it was implemented avoided a catastrophic increase in the number of victims." Paragraphs (8) and (9) of the preamble to Regulation No.: 45/100, issued by the General Assembly, on December 14, 1990, related to the provision of humanitarian assistance to victims of natural disasters and similar emergencies, United Nations Document No.: 100/45/ RES/A.
  • Paragraph (e), Article (3), the framework agreement for assistance in the field of civil protection, concluded in 2000, available on the website: https://qistas.com/legislations/jor/view/OTk3OTM

Subjects

ISSN: 2394-0913 (Online)
https://portal.issn.org/resource/ISSN/2394-0913#
Retrieval Number: 100.1/ijmh.F1577029623
https://www.ijmh.org/portfolio-item/F1577029623/
Journal Website: www.ijmh.org
https://www.ijmh.org
Publisher: Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP)
https://www.blueeyesintelligence.org