The legal framework of humanitarian access in armed conflict

Schwendimann, Felix

doi:10.1017/s1816383112000434

Cited by 31 publications

(3 citation statements)

References 9 publications

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“…According to Schwendimann (2011), one of the most notable issues in humanitarian intervention is the rising difficulty of accessing communities that need assistance in conflict area. States or non-state entities may impose restrictions on humanitarian assistance, fearing that such assistance could become politicized because of possible foreign interference (ICRC, 2014, p. 2).…”

Section: Lack Of Access To Provide Protection and Necessary Aid To Ci...mentioning

confidence: 99%

Protection of Civilians in Areas Under the Control of Armed Groups

Zaid,

Aljasmi

2024

J. of Law and Sust. Develop.

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Aim: The purpose of the study is to investigate the protection of civilians in areas under the control of armed groups. This is done through focusing on the protection challenges, violations of International Humanitarian Law, international efforts to protect civilians and the important issues from IHL Perspective. Background and Problem: Armed groups are increasingly becoming a threat as de facto they frequently maintain control over civilian populations. International humanitarian law stipulates that non-combatants in armed conflicts are subject to certain rights and protection. However, some armed organizations may break this law and cause suffering for residents in the regions they control. Methodology: The methodology applied entailed the extensive review of existing literature. Articles were explored in terms of their various approaches to the application of international law to the protection of civilians in areas controlled by armed groups. Results and Conclusions: In some cases, armed groups violate these regulations by targeting civilians through violent attacks, kidnapping, impeding civilians’ freedom of movement and other violent acts such as forced labor and sexual assault and abuse. They may also restrict their access to necessary services and aid. Consequently, the UN continues to advance efforts to protect civilians in areas controlled by armed groups. The IHL is against the displacement of civilians and ensuring access to civilians. Overall, the international community is consistently focused on ensuring that civilians in areas under the control of armed groups are adequately protected.

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Section: Lack Of Access To Provide Protection and Necessary Aid To Ci...mentioning

confidence: 99%

Protection of Civilians in Areas Under the Control of Armed Groups

Zaid,

Aljasmi

2024

J. of Law and Sust. Develop.

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“…If a party to the conflict or part of the local population begins to use the humanitarian mission for its own political purposes, access to those who really need help can be seriously hampered. What is more: volunteers and representatives of humanitarian organizations on the ground may themselves become objects of armed attacks or other aggressive actions (Schwendimann, 2011). The Spanish commentator R. Stoffels points out that modern approaches to understanding the mission of humanitarian aid during armed conflicts create a confusing picture.…”

Section: In Accordance Withmentioning

confidence: 99%

Criminal liability for humanitarian aid embezzlement during war: The case of Ukraine

et al. 2023

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The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.

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“…In the following, adopting a downwards vertical perspective, we discuss the predicament of RBA in various types of able/ unable and willing/unwilling states. 58 In contrast to development aid contextswhere cooperation with the host state is the normhumanitarian agencies have usually attempted to replace or complement core state activities. Humanitarian actors' perceptions of the host state's capacity and willingness to protect and assist affected populations shape how they understand and attempt to operationalise RBA.…”

Section: The Role Of State Capacity and Willingnessmentioning

confidence: 99%

The afterlife of buzzwords: the journey of rights-based approaches through the humanitarian sector

Borgrevink

Sandvik

2021

The International Journal of Human Rights

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While buzzwords fade from policy speeches, everyday aid talk and conceptual attention, they usually retain a place in aid discourse and practice. To explore the afterlife of buzzwords, this article offers an analytical framework for exploring the journey of Rightsbased approaches (RBA) through the humanitarian sector. Through a study of RBA in the Norwegian humanitarian policy and in Norwegian-funded aid in Colombia, Palestine, Myanmar and Pakistan, the article analyses how the concept of RBA, after having gone through the buzz and mainstreaming phases, continues to evolve as part of the humanitarian tapestry. Our case study indicates that as a buzzword of yesteryear, humanitarian RBA are not 'lost in translation', but find new forms in a variety of deeply contested political projects, thus having continuing effects on humanitarian action.

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The legal framework of humanitarian access in armed conflict

Cited by 31 publications

References 9 publications

Protection of Civilians in Areas Under the Control of Armed Groups

Protection of Civilians in Areas Under the Control of Armed Groups

Criminal liability for humanitarian aid embezzlement during war: The case of Ukraine

The afterlife of buzzwords: the journey of rights-based approaches through the humanitarian sector

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