The International Legal Protection of Persons in Humanitarian Crises: Exploring the Acquis Humanitaire (Studies in International Law)

The extent of human suffering arising from armed conflicts, forced displacement, and natural disasters is unfortunately well known. Yet pitted against such forces of destruction are individuals, local communities, and international organisations responding to the humanitarian imperative to alleviate suffering wherever it may be found. The twin components of humanitarian action-encompassing material assistance and the protection of persons-therefore provide a counter-balance to the serious harms that humans and nature can create. Recent years have seen an exponential growth in such humanitarian activities and in related legal and policy instruments. Consequently, one can identify an interconnected web of laws, policies, and practices, rooted in the principles of humanity and human dignity, which address the preparation for and provision of material support and legal protection for people caught up in humanitarian crises. Drawing from existing bodies of international law, such as the law of armed conflict, human rights law, and international disaster law, it is possible to discern an acquis humanitaire (or 'law of humanitarian assistance'). This book explores both the conceptual framework and normative content of such an acquis humanitaire, and argues that the law continues to play an important role in the protection of persons in humanitarian crises. (Series: Studies in International Law, Vol. 67) [Subject: Public International Law, Human Rights Law, Immigration Law, Refugee Law, Nationality Law] Acknowledgements Contents List of Acronyms Table of Cases Table of Selected Legislation and Related Documents Introduction Part I: Conceptual Framework 1 Setting the Scene: Humanitarianism in Context I. The Foundations of Humanitarianism II. The Concept of Humanitarian Action III. The Evolution of Legal Humanitarian Obligations 2 Defining the Acquis Humanitaire I. The Concept of an Emerging Acquis Humanitaire II. Sources of the Acquis Humanitaire 3 Protection of Persons in Humanitarian Crises I. Exploring the Concept of Protection II. A Rights-Based Approach to Humanitarian Action 4 Strengthening the Web of International Legal Protection I. Challenges of Implementation and Enforcement II. Norm Creation and Internalisation III. Accountability Mechanisms IV. Conclusion: Summary So Far Part II: Normative Content of the Acquis Humanitaire 5 International Human Rights Law I. Introduction II. Substantive Human Rights Provisions in Humanitarian Crises III. Conclusion: Human Rights and the Acquis Humanitaire 6 Law of Armed Conflict I. Introduction II. International Armed Conflicts III. Non-International Armed Conflicts IV. Conclusion: Balancing Humanitarian Considerations and Military Necessity 7 International Criminal Law I. Introduction II. War Crimes III. Wilful Denial of Humanitarian Assistance IV. Conclusion: Legal Accountability via International Criminal Law 8 International Disaster Laws I. Introduction: The Concept of International Disaster Laws II. Disaster Risk Reduction, Prevention and Preparedness III. Humanitarian Response and Recovery IV. Conclusion: Developing Coherence 9 Refugee and Displaced Persons Law I. Introduction II. Global Instruments III. Regional Approaches: The African Experience IV. Conclusion: Evaluating the Normative Content of the Acquis Humanitaire Part III: Concluding Observations 10 Crystallisation of a General Right to Humanitarian Assistance I. Introduction II. Individual Right to Request or Receive Humanitarian Assistance III. Organisational Right to Offer Humanitarian Services IV. The Crystallisation of a General Right to Humanitarian Assistance 11 Future Development of the Acquis Humanitaire Index The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all-too-real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the ongoing conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering, wherever it may be found, permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by states and other actors in times of armed conflict, population displacement and disaster. This book argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened. Studies in International Law: Volume 67 The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. Dug Cubie argues that by clarifying the conceptual framework and normative content of the acquis humanitaire , gaps and lacunae can be identified and the overall protection of persons strengthened. Recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in humanitarian crises. This book argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Dug Cubie argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened