Starvation and Access to Humanitarian Relief

Situations of armed conflict may result in acute deprivation of food, water and other essential supplies for the civilian population — issues that are specifically addressed by IHL.

Starvation of the civilian population

IHL prohibits starving civilians as a method of warfare in all armed conflicts.¹ Thus, sieges, embargoes and blockades whose primary goal is to starve the civilian population are unlawful. A besieging armed force must allow the passage of essential supplies or the evacuation of civilians if the latter were inadequately supplied.²

Objects indispensable to the survival of the civilian population

It is prohibited to attack, destroy, remove or render useless those objects that are indispensable to the survival of the civilian population.³ This includes foodstuff, agricultural areas for the production of food, crops, livestock, drinking water installations and supplies and irrigation works. Other objects (beyond food and water) that are also essential to the survival of the civilian population include medicines, medical supplies, means of shelter and energy infrastructure.⁴

Humanitarian relief

Humanitarian relief consists of food, water, medical supplies, clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population and objects necessary for religious worship.⁵

Conditions for humanitarian relief

The primary responsibility for meeting the needs of the population lies with the party in whose power the civilian population and other protected persons are.⁶ When this is not sufficient and the civilian population remains inadequately supplied, impartial humanitarian organizations or third States may offer humanitarian assistance, which must be impartial, humanitarian and conducted without adverse distinction.⁷

In a situation of belligerent occupation, the Occupying Power must agree to humanitarian relief on behalf of the population and accept the passage and delivery of relief consignments, subject to its right of control. ⁸ In all other cases, humanitarian relief is subject to the consent of the parties concerned, but which cannot arbitrarily withhold it.⁹

In NIACs, the consent of the territorial State is required.¹⁰Once consent has been given, the parties concerned are required to allow and facilitate the rapid and unimpeded passage of humanitarian relief, subject to their right of control.¹¹

In no case may the right of control be exercised in a way that unduly delays implementation of humanitarian relief operations or makes them impossible.¹²

The presence of humanitarian relief personnel is also subject to the approval of the territorial State. Once approved, they must be respected and protected, and their work facilitated.¹³ Humanitarian relief personnel and objects also benefit from the same general protection afforded to civilians and civilian objects, respectively.¹⁴

1
Art 54(1) AP I; Art 14 AP II; ICRC Customary IHL Rule 53: ‘Starvation as a Method of Warfare’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule53
2
ICRC, Commentary to Customary IHL Rule 53: ‘Starvation as a Method of Warfare’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule53
3
Art 54(2) AP I; Art 14 AP II; ICRC, Customary IHL Rule 54: ‘Attacks against Objects Indispensable to the Survival of the Civilian Population’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule54
4
ICRC, Commentary to Customary IHL Rule 54: ‘Attacks against Objects Indispensable to the Survival of the Civilian Population’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule54
5
See Art 23 GC IV; Art 69(1) AP I (applicable to occupied territory) to which Art 70(1) AP I (applicable to non-occupied territory) refers
6
Arts 39(2), 55(1), 76(1), 81(1) and 89 GC IV; Arts 15 and 26–27 GC III; Arts 69(1) and 70(1) AP I; Arts 5(1)(b) and 18(2)AP II
7
Art 23 GC IV; Art 70(1) AP I; Art 18(2) AP II. See also ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America), Judgment (Merits), ICJ Reports 1986, para 242
8
Art 59(1) GC IV; Art 69(1) AP I
9
Art 70(1) AP I; Art 18(2) AP II; ICRC Customary IHL Rule 55: ‘Access for Humanitarian Relief to Civilians in Need’, https://ihl-databases.icrc.org/en/customary-ihl. See also Principle 25(2), UN Guiding Principles on Internal Displacement, annexed to UN Economic and Social Council, ‘Report on the Representative of the Secretary-General, Mr Francis M. Deng’, UN Doc E/CN.4/1998/53/Add.2, 1998; D. Akande and E-C. Gillard, ‘Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflicts’, OCHA, 2016, para 49. Denial of consent is arbitrary notably when it violates any of the refusing authorities’ obligations under IHL or international human rights law; however, when consent is arbitrarily withheld, IHL does not foresee a right to access. M. Sassòli, International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare, Edward Elgar Publishing (2nd edn, 2024), paras 10.240–10.244
10
Art 18(2) AP II; ICRC, ‘ICRC Customary IHL Q&A and Lexicon on Humanitarian Access’, 96 IRRC (2014) 359, p 39
11
Art 125(2) GC III; Arts 23, 59(3)–(4) and 142 GC IV; Art 70(3) AP I; ICRC, Customary IHL Rule 55: ‘Access for Humanitarian Relief to Civilians in Need’, https://ihl-databases.icrc.org/en/customary-ihl. See also D. Akande and E-C. Gillard, ‘Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflicts’, OCHA, 2016, paras 59–72
12
Arts 23 and 59(3) GC IV; Arts 70(2) and (3)(a)–(b) AP I
13
Art 59(3) GC IV; Arts 70(4) and 71(1)–(3) AP I; ICRC, Customary IHL Rule 31: ‘Humanitarian Relief Personnel’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule31; ICRC, Customary IHL Rule 32: ‘Humanitarian Relief Objects’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule32; ICRC, Customary IHL Rule 55: ‘Access for Humanitarian Relief to Civilians in Need’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule55
14
On the protection of civilian population and objects, see arts 51 and 52 AP I as well as ICRC Customary IHL Rules 1 and 7. On the protection of objects indispensable to the survival of the civilian population, see Art 54 AP I as well as ICRC Customary IHL Rule 54