International Law and Humanitarian Assistance - A Crosscut Through Legal Issues Pertaining to Humanitarianism

International Law and Humanitarian Assistance

A Crosscut Through Legal Issues Pertaining to Humanitarianism

Contents

Abbreviations

Contributors

Introduction

1 General Overview

2 Detailed Chapter Overview

2.1 Spieker: The Right to Give and Receive Humanitarian Assistance

2.2 Mackintosh: Beyond the Red Cross: The Protection of Independent Humanitarian Organizations and Their Staff in International Humanitarian Law

2.3 Zwitter: United Nations´ Legal Framework of Humanitarian Assistance

2.4 Broberg: Legal Basis of EU Council Regulation 1257/96 Concerning Humanitarian Aid: Time for Revision?

2.5 Maus: Human Rights in UN Peace-Keeping Missions: A Framework for Humanitarian Obligations?

2.6 Heintze: Human Rights and International Humanitarian Law

2.7 Patnaik: Protection of Individuals in the Event of Disasters: Quest for an International Legal Framework

The Right to Give and Receive Humanitarian Assistance

1 Terminology and Evolution of Concept

2 The Legal Regime for Humanitarian Assistance in International Armed Conflicts

2.1 Humanitarian Assistance Within Occupied Territory

2.1.1 Protection of the Operation

Obligations and Rights of the Occupying Power

Obligations and Rights of Other States

Actors in Humanitarian Assistance

The Civilian Population Within Occupied Territory

2.1.2 Protection of Personnel

2.2 Humanitarian Assistance in Other than Occupied Territory

2.2.1 The Parties to the Conflict and Other States Concerned

Legal Obligation to Offer and Provide Assistance

Legal Obligation to Accept Offers of Assistance

2.2.2 Right of the Civilian Population to Receive Assistance

3 The Legal Regime in Non-international Armed Conflicts

3.1 Rights According to Common Article 3 Geneva Conventions

3.2 Rights and Obligations Deriving from Additional Protocol II

3.3 Customary Law

4 A ``Right to Access´´?

5 The Legal Regime for Humanitarian Assistance in Non-conflict Situations

5.1 International Instruments

5.1.1 The Principles and Rules for Red Cross and Red Crescent Disaster Relief

5.1.2 UN GA Resolution 46/182

5.1.3 International Treaties

5.2 The IDRL Guidelines

5.2.1 Responsibilities of Actors

5.2.2 Initiation and Termination of an Operation

5.2.3 Granting of Legal Facilities

6 Evaluation of Rights and Obligations in Humanitarian Action

References

Documents

Beyond the Red Cross: The Protection of Independent Humanitarian Organizations and Their Staff in International Humanitarian Law

1 Introduction

2 The Red Cross

3 Status and Protection of Independent Humanitarian Organisations

3.1 Status

3.2 Protection

4 Improving Protection

5 Conclusion

References

United Nations´ Legal Framework of Humanitarian Assistance

1 History of UN´s Humanitarian Actors

1.1 The Early Days of UN Humanitarian Assistance

1.2 The Cold War Days of UN Humanitarian Assistance

1.3 Dawn of a New Era of UN Humanitarian Assistance

2 Different Actors with Different Setup

2.1 Appointments

2.2 Decision Making in Humanitarian Action

2.3 The UN Cluster Approach

3 UN Conventions and Regulations Governing Humanitarian Assistance

3.1 Privileges and Immunities of UN and Specialized Agencies

3.2 Special Agreements for Humanitarian Assistance

3.3 Safety and Security of UN and Associated Personnel

4 Concluding Remarks

References

Legal Basis of EU Council Regulation 1257/96 Concerning Humanitarian Aid: Time for Revision?

1 The EU Humanitarian Assistance Regime

2 The Principle of Conferred Powers

3 Development Cooperation and Humanitarian Assistance

4 Article 179 EC and Non-developing Countries

5 Conclusion and Perspectives

References

Convergence Between Human Rights Law and International Humanitarian Law and the Consequences for the Implementation

1 Incentives to Comply with International Obligations

2 Convergence Between Human Rights and IHL

2.1 Applicability of IHL and Human Rights Law in Armed Conflicts

2.2 IHL as Lex Specialis

3 The Significance of the European Convention on Human Rights in Armed Conflicts

3.1 Violations of Human Rights in International Armed Conflicts

3.1.1 The Position of the Parties

3.1.2 Application of IHL

3.2 Violations of Human Rights in the Non-international Armed Conflict

3.2.1 Ergi v. Turkey

3.2.2 Gülec v. Turkey

4 Conclusions

References

Human Rights in UN Peacekeeping Missions: A Framework for Humanitarian Obligations?

1 Introduction

2 Human Rights and Humanitarian Action

2.1 Either/or: Humanitarian Action and Human Rights as Dichotomy

2.2 From Foes to Friends: Humanitarian Action and Human Rights as Mutually Reinforcing

2.3 Humanitarian Action and Human Rights in a Peace-Building Context

3 United Nations Peacekeeping Operations and Human Rights Obligations

3.1 The UN as Bearer of International Rights and Duties

3.2 Human Rights Obligations of the UN

3.3 Limitations of Human Rights Obligations on UN Peacekeeping Operations

4 Explicit Human Rights Obligations in Peacekeeping Mandates

4.1 Wording of the Mandates

4.1.1 Supporting Human Rights Mandates

4.1.2 Parallel Human Rights Obligations

4.1.3 Independent Human Rights Obligations

4.1.4 Humanitarian Obligations Following from the Mandates

4.2 Implementation of Human Rights Mandates

4.2.1 Training and Capacity Building

4.2.2 Monitoring, Reporting and Investigating

4.2.3 Individual Protection

4.3 Analysis

5 Implicit Human Rights Obligations in Peacekeeping Mandates

5.1 Establishing the Necessary Security Conditions for Humanitarian Action

5.2 Supporting and Coordinating Humanitarian Assistance

6 Conclusion

References

Towards an International Legal Framework for the Protection of Individuals in the Event of Disasters: An Initial Inquiry

1 Introduction

2 Some Reflections on Work of the ILC

2.1 Towards a Rights-Based Approach to the Protection of Individuals in the Event of Disasters

2.2 Issues of Humanitarian Assistance and International Responsibility

2.3 Humanitarian Assistance as Customary International Law?

3 Conclusion

References