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The right to humanitarian assistance—Legal aspects—

Published online by Cambridge University Press:  13 January 2010

Boško Jakovljević
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Extract

Throughout history man has been exposed to all kinds of disasters; but in modern times mankind has become aware of its responsibility towards those struck by disasters, and of its increased capability of coping with their consequences. Out of this growing awareness arose the concept of humanitarian assistance as a reflection of solidarity; this was followed by the formulation of legal rules governing such activity. Parallel to the need to provide humanitarian assistance is the corresponding right to such assistance.

Type
Protection and Assistance
Information
International Review of the Red Cross (1961 - 1997) , Volume 27 , Issue 260: Protection and Assistance , October 1987 , pp. 469 - 484
Copyright
Copyright © International Committee of the Red Cross 1987

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References

1 The Geneva Conventions for the protection of war victims of 12 August 1949, and the Additional Protocols to those Conventions of 8 June 1977, are international instruments that create an obligation to provide humanitarian assistance and lay down the conditions for such assistance.

2 For a list of goods that may be sent as humanitarian assistance see, for instance, the Draft Convention on Expediting the Delivery of Emergency Assistance, Art. 1, para. 1 (c) (Document for the General Assembly of the United Nations, A/39/267/Add. 2, of June 18, 1984. For services see, for instance, the 1949 Geneva Conventions.

3 On this point, see the article by Jean-Luc Blondel, Assistance to protected persons that appears in this issue. See pp. 451–468.

4 The International Congress on Peace and Humanitarian Actions organized by the San Remo International Institute of Humanitarian Law in September 1986, brought out the great number of organizations of different kinds that are involved in humanitarian activities.

5 See, in particular, the International Bill of Human Rights; Articles 3, 16 (3), and 25 of the Universal Declaration of Human Rights; Articles 9, 10, 11 and 12 of the International Covenant on Economic, Social and Cultural Rights; Articles 6, 7, 10 and 24 of the International Covenant on Civil and Political Rights.

6 Twenty-fifth International Conference of the Red Cross, Geneva, 1986: “Respect for International Humanitarian Law”, Report of the ICRC, Doc. C.1/2/1.2; Report of the Commission on International Humanitarian Law to the Plenary Meeting, para. 2.1, pp. 2–5, and the ensuing Resolution, Annex 1.

7 See the Report of the Committee on International Medical and Humanitarian Law of the International Law Association, Montreal Conference (1982), para. 17, indicating some of the questions to be regulated in international relief operations in time of war.

8 For the mandate of Undro, see General Assembly of the United Nations, Resolution 2816 (XXVI) of 4 December 1971, operative para. (1 (b), (c), (d). The quotation is from Macalister-Smith, Peter: International Humanitarian Assistance, Martinus Nijhoff, 1985, p. 165 CrossRefGoogle Scholar; the author goes into this question of co-ordination in more detail. See his article in the present issue: “Non-Governmental Organizations and Co-ordination of Humanitarian Assistance”, pp. 501–508.

9 In the Model Rules for Disaster Relief Operations, Policy and Efficacy Studies, No. 8, 1982, Unitar, the authors state the following: “The purpose of the Model Rules is to contribute to closing the lacunae in international humanitarian law regarding assistance to victims of disasters. While the law of armed conflict sets out rules for protection and assistance to victims of armed conflicts, no such body of law exists to cover other disastrous situations” (italics by B.J.).

10 The League of Nations Treaty Series, Vol CXXXV (1932–1933), p. 247 Google Scholar. See also Perruchoud, Richard: Les Resolutions des Conferences Internationales de la Croix-Rouge, Henry Dunant Institute, Geneva 1979, pp. 249–251.Google Scholar

11 See International Red Cross Handbook, 12th ed., 1983, p. 488.Google Scholar

12 See note 2 above.

13 The Organization of American States, Permanent Council, Doc. OAS, Ser. G., CP/doc. 1493/84, 10 09 1984.Google Scholar

14 Committee on International Medical and Humanitarian Law, International Law Association, Belgrade Conference (1980); Special report on a draft model agreement for humanitarian relief operations.

15 See note 9 above.

16 The United Nations Charter, Article 1 (3).

17 See, in particular: Peter Macalister-Smith, op. cit. In his concluding remarks he states: “The need for co-ordination is not in doubt… Further moves to strengthen the system of co-ordination of humanitarian assistance both within and beyond the United Nations are likely to be necessary, taking into account operational experience” (p. 165). We believe that without an international agreement imposing certain rules of conduct by way of provisions of international law, proper co-ordination is not possible in a world composed of sovereign States.