By: Tamia Brito, Junior Research Associate, PILPG-NL
In the increasingly complex realm of armed conflict, the impact of armed encounters has expanded beyond the parties to the conflict and the civilian population. There is a deteriorating situation for humanitarian workers as they have become direct targets of organized violence, despite the protection that international law has provided for them. Both International Humanitarian Law (IHL) and International Criminal Law (ICL) have established special protection to personnel providing input and services to the civilian population affected by armed conflict. However, the difference between theory and practice can be rather large. The humanitarian mission is being limited in the field by novel risks brought by armed conflicts. This blog post discusses the achievements of international law in providing special protection to humanitarian aid personnel as part of global recognition of the humanitarian endeavor. It also addresses factual information regarding humanitarian workers, illustrating the risks they experience in the field. To conclude, this blog post exhibits responses that the international community is implementing to mitigate the discrepancy between law and practice. World Humanitarian Day (August 19th) may be an opportunity to remember the relevance of this particular issue and encourage further efforts towards its solution.
The Status of Aid Personnel under International Law
The work of humanitarian personnel in the context of armed conflict is regulated by IHL, which expressly recognizes that the civilian population affected by armed conflict is entitled to receive aid, and that the parties have to protect the personnel participating in relief actions. IHL also establishes that in order to avoid the interruption of the humanitarian aid by opposing parties and ideologies, impartial actors should provide humanitarian assistance. These impartial actors have to be neither a threat nor an ally to either party. Only humanitarian workers whose efforts are focused on relief operations for the benefit of the civilian population are by law allowed to work in the field. The iconic impartial agency in providing humanitarian relief is the International Committee for the Red Cross (ICRC).
Considering the complexity of armed conflict, there is a differentiated legal framework for specific situations, such as blockades, besieged areas, occupied territories, among others. As a rule of thumb, the duty to protect humanitarian workers in the field lies on the parties to a conflict, because their operation depends on their collaboration. Admittedly, there is no specific legal rule in IHL protecting humanitarian staff against direct attacks. Yet, ICL complements IHL in this regard, as the Rome Statute determines that the breach of such an obligation constitutes a war crime. Additionally, the special protective status provided by IHL to humanitarian personnel does not preclude the general protection they may enjoy as civilians.
A new reality of Armed Conflict
However, in the harsh edges of war, the humanitarian aid endeavor has progressively fallen into greater risk. Relief action is (by nature) provided in-between or in the immediate aftermath of an exchange of hostilities. Consequently, humanitarian personnel are exposed to the natural dangers of armed conflict. But, in addition, they are also increasingly at risk of being direct targets of different types of attacks. The reasons behind these actions may differ from one conflict to another, but the trend reflects the same increment of targeted attacks against humanitarian personnel.
Between the years 2000 and 2010, there were 1988 reported victims of directed incidents, including kidnapping, shooting, aerial bombardment, bodily assault, shelling, killing, and sexual assault. The numbers have been going up ever since, with 2013 being the most violent year on record. Between 2014 and 2016, there were about 913 victims while in 2018 and 2019, each year alone marked more than 400 deaths.
The legal framework provided for the protection of humanitarian personnel against attacks is, however broad, very clear. Even though there is a prohibition to cause harm to humanitarian personnel as part of relief operations, the facts reflect a different reality. Thus, the need to continue working towards more effective implementation of international law, from international, regional, and even national initiatives.
Conclusion
Although IHL and ICL grant special protection to humanitarian personnel, the incidents of attacks against them remain a reality. There are issues in the implementation of international law in respect of relief operations. Armed conflicts remain a contemporary reality, as are the attacks against humanitarian workers. Several endeavors have appeared as a response to this situation. One of the most remarkable is the European Union. This organization adopted its own guidelines to promote compliance with IHL and has published two reports on their implementation, last one being from October 2019. The EU also created a whole department to advocate and support the protection of humanitarian actions, which has been helping millions of people across the globe since 1992. And, it collaborated with the ICRC with a worldwide campaign for humanitarian workers to not be considered a target.
From the third sector, several organizations continue working for the implementation of IHL and the protection of humanitarian personnel. Two remarkable initiatives are the New Humanitarian and the Center for Civilians in Conflict (CIVIC). The New Humanitarian is an organization founded by the United Nations that cast a critical eye over the emergency aid industry. As for CIVIC, it is an organization working towards advocacy of victims of war. The academic world is also contributing with alternatives and strategies to further advance the protection of humanitarian aid personnel. And, since 2009, on World Humanitarian Day, the world commemorates humanitarian workers killed and injured in the course of their work, while also thanking all workers who continue providing protection and aid. The annual event, celebrated since 2009, takes place on August 19th, in memory of the Canal Hotel attack that killed Sergio Vieira de Mello and 22 other people.