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Arbitrary Withholding of Consent to Humanitarian Relief in Non-international Armed Conflict

Vijitha Veerakatty

ISBN13: 9789004689336

Published: May 2024

Publisher: Brill Nijhoff

Country of Publication: Netherlands

Format: Hardback

Price: £167.00

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How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts:

the affected State
non-State armed groups
humanitarian actors
non-belligerent States, and
the affected civilian population
It examines the legal regulations and consequences for each of these actors. In doing so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches.

Subjects:: Public International Law

Contents:: List of Abbreviations; Introduction; 1 Current Situation; 2 Conditions for Providing Humanitarian Relief; 3 Can Consent to Relief Operations Be Withheld?; 4 Aims of This Book; 5 Structure of the Book; Part 1. International Humanitarian Relief in Non-international Armed Conflicts; 1. Actors Involved in Relief Actions; 1 Affected State; 2 Non-state Armed Groups; 3 Humanitarian Actors; 4 Non-belligerent States; 5 Civilians; 2. Legal Framework; 1 Overview; 2 Relevant Laws and Principles; 3. The Concept of Humanitarian Relief; 1 Historical Perspective; 2 Defining Humanitarian Relief; 3 Implementation of International Humanitarian Relief; 4 Dilemma: Principle of ‘Do No Harm’; 4. Situation of Non-international Armed Conflicts; 1 Definition; 2 Distinction from Internal Tensions and Disturbances; 3 Distinction from International Armed Conflict; Part 2. Rights and Duties of the Actors Involved in Relief Actions; 5. Introduction; 6. Rights and Duties of the Affected State; 1 State’s Sovereignty as a Core Principle; 2 Rights and Duties; 7. Rights and Duties of Non-state Armed Groups; 1 Bound to International Law; 2 Rights and Duties; 8. Rights and Duties of Humanitarian Actors; 1 Adherence to Humanitarian Principles; 2 Rights and Duties; 9. Rights and Duties of Non-belligerent States; 1 Cooperation with Humanitarian Actors; 2 Rights and Duties; 10. Rights and Duties of Civilians; 1 Right on Respect and Protection; 2 A Right to Receive Humanitarian Relief?; 3 Duty Not to Take Part in Hostilities and Impede Relief Actions; Part 3. Arbitrary Withholding of Consent to Relief Operations; 11. Characteristics of Withholding of Consent; 1 Withholding and Withdrawing of Consent; 2 Forms of Expression; 12. Prohibition of Arbitrary Withholding of Consent; 1 Legal Basis; 2 Assessing Arbitrariness; 13. Violation of Other International Obligations; 1 Relevant Breaches of Law; 2 Breaches of ihl Obligations; 3 Breaches of ihrl Obligations; 4 Breaches under International Criminal Law; Part 4. Legal Consequences of Arbitrary Withholding of Consent; 14. Introduction; 15. Accountability of the Affected State; 1 State Responsibility; 2 Responsibility for Violation of Human Rights Treaties; 3 Individual Responsibility under Criminal Law; 16. Accountability of Non-state Armed Groups; 1 No Direct Responsibility of the Armed Group; 2 Determination of Breaches within Monitoring Mechanisms; 3 Individual Responsibility of the Members of the Armed Group; 17. Remedies for Humanitarian Actors; 1 Possibility of Providing Relief without Consent?; 2 Bilateral Dialogues and Public Pronouncement; 18. Remedies for Non-belligerent States; 1 Obligation and Entitlement to Act; 2 Non-judicial Mechanisms; 3 Judicial Mechanisms; 19. Remedies for Civilians; 1 Human Rights Complaint Procedures; 2 Claims Commissions; 3 Rights as Victims before the icc; Part 5. Legal Gaps and Required Developments; 20. Introduction; 21. Currently Existing Gaps in the Law; 1 Law Governing Humanitarian Relief; 2 Legal Status of Non-state Armed Groups; 3 Legal Remedies; 22. Developments Needed; 1 Enhancing Knowledge of the Applicable Law; 2 Further Legal Regulations; 3 Independent International Body for Assessing Arbitrariness; 4 Integration of Non-state Armed Groups; 5 New Enforcement Mechanism; Conclusion; 1 Summary; 2 Closing Remarks; Reports, Resolutions and Statements; Table of Cases; Bibliography; Index