Protection Under International Law of Humanitarian and Other Personnel

As per the statute of the ICC (International Criminal Court), an intentional attack is similar to a war crime. However, “installations, personnel, units, material or vehicles are included in the humanitarian assistance.” There are various clauses of International Humanitarian Law enabling parties to an armed conflict to preserve and protect humanitarian personnel and to allow them to protect and serve victims of armed conflict. The groups also have to secure and promote the fast distribution of relief consignments.

While each organisation determines the precise principles that functionally guide the work of humanitarian agencies, it is also a particular rule of IHL that aid missions must be impartial and humanitarian, and should be performed on non-discriminatory grounds.

Introduction

In the context of relevant activities of non-international military conflicts, the basic principles of IHL (International Humanitarian Law) are applicable and also cover humanitarian personnel.

Three specific and related principles are considered in this note:

• Rights of the victim to access help
• Obligations to provide or promote aid to the parties in a dispute.
• Protection of the humanitarian organisation’s property and personnel

IHL related to international military conflicts have reasonably detailed treaty requirements on the facilitation for providing relief to the humanitarian. The Second Additional Protocol and Article 3 to four Geneva Conventions with the customary international law comprise the relevant rules of the IHL.

However, the rules of IHL mentioned below are binding on both non-state and state groups in the disputes.

• The right to help and the responsibility to give support
• The right to offer help to those in need

IHL is based on a balance between the idea of humanity and the needs of the military. It stresses the right to the fair treatment of other protected people and civilians, and to access important medical services and humanitarian aid for their survival.

For example, the clauses in Article 3 applicable to the four Geneva Conventions that ‘in all cases, people who do not engage directly in hostilities shall be handled humanely’ and ‘injured and ill individuals shall be gathered and accounted for the provisions in the second additional protocol that relief measures hall be taken ‘if the people are in need’, as well as in the case of evacuation, all the relevant relief actions shall be taken to ensure that the civilised individuals received under the satisfactory arrangement of shelter, health, hygiene, nutrition, and safety.

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Obligation to promote and/or provide support

The state in the territory in which the disputes take place or the group which controls the regions has a corresponding obligation either to agree to the promotion by offering humanitarian relief activities or fulfilling the population’s critical needs. According to the provisions of the Second Additional Protocol to the Geneva Conventions, the below-mentioned point has to be considered.

Subject to the approval of the High Contracting party, where the civilian population suffers from unnecessary issues due to the absence of essential supplies such as medical supplies, and foodstuff, for the survival of life. Such relief measures for the innocent civilians are purely unbiased and purely humanitarian and carried out without any unnecessary delay shall be carried out.

For this law, the appropriate state procedures exist called normative. As per IHL the parties to the armed conflicts must enable and encourage the swift and unhindered passage, according to their right to control, humanitarian assistance for needy civilians, which is neutral and carried out without any harmful differences.

Therefore, in effect, if the parties to the dispute are unable to address the needs of the civilised community itself, they must enable the provision of humanitarian assistance, provided that it is neutral and provided on a need not on a discrimination basis.

Security of Humanitarian Personnel Involved in relief operations.

Humanitarian Forces as Civilians

As long as the workers of humanitarian agencies adhere to the civilian concept and do not engage actively in conflicts, they benefited from the basic principle of IHL’s separation between the civilians and combatants. Individuals that are not, or no longer directly interested in the cases of hostilities are shielded from violence and must be handled humanely.

Respect and Security for the individuals working for Humanitarian Relief 

More detailed IHL guidelines surrounding the protection of personnel involved in relief operations and those allowed to use the Red Cross/Red Crescent symbol support the general policy for the protection of civilians.

Red Crescent emblem/ Red Cross

Any humanitarian assistance personnel, in particular members of the Red Cross and Red Crescent Movement, as well as civilian health workers, units, and transport operations are allowed to wear a conspicuous symbol assigned to mark them as safe individuals. Attacks aimed at medical practitioners Personnel and objects bearing recognisable Red Cross, Crescent, or Crystal emblems are forbidden in compliance with international law.

Conclusion

The following terminology may be used to summarise the key points of the above essay in one brief comment:

Under the IHL, it's important to respect and secure humanitarian relief personnel and items that want to serve out humanitarian activities. the acceptable steps must be taken by the parties to the dispute to make sure their protection and secure the free movement of individuals .”

In addition to the protection gained by all the humanitarian personnel under IHL (International Humanitarian Law), is additionally enjoyed by the humanitarian workers of the UN under the 1994 convention held for the security of United National and Related Personnel.