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

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

Author: Vijitha Veerakatty
Publisher: Brill Nijhoff
ISBN: 9789004689336
Published In: May 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,207.80

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Contents

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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so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches.

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

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