Problems of the Requirement of Prior Approval for Humanitarian Relief Work in Armed Conflicts and Possible Legal Solutions Thereto
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The provisions of international humanitarian law require providers of humanitarian relief to obtain the prior approval of the country concerned to assist in its territory. One of the problematic issues, due to the ambiguity of the provisions of international humanitarian law, or at least its inability to keep pace with international developments, especially the increasing frequency of non-international armed conflicts. Accordingly, we present this study to clarify the problems of the requirement of prior approval for humanitarian relief work, and then try to search for possible legal solutions.
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Paragraph (7), Article (2) of the Charter of the United Nations states: “Nothing in this Charter justifies the United Nations to interfere in matters that are at the core of the internal authority of a state, and nothing in it requires members to offer such These issues are to be resolved by this Charter, provided that this principle does not prejudice the application of the measures of repression mentioned in Chapter VII.” United Nations Charter, 6/26/1945, https://www.un.org/ar/about-us /un-charter/full-text
Declaration of Principles of International Law Relating to Friendly Relations between States following the Charter of the United Nations, General Assembly Regulations (2625) (D-25), 10/24/1970.
International Law Commission, Sixty-sixth Session, May 5, June 6, July 7, August 8, 2014, General Assembly, Sixty-ninth Session, United Nations, New York, Document No.: A/69/10, p. 154.
Which states: “The provisions of this Convention shall not be an obstacle to the humanitarian activities that may be undertaken by the International Committee of the Red Cross or any other impartial humanitarian body to protect and relieve the wounded, sick and shipwrecked, medical personnel and religious personnel, subject to the consent of the parties to the conflict concerned.”
Which states: “The provisions of this Convention shall not be an obstacle to the humanitarian activities that may be carried out by the International Committee of the Red Cross or any other impartial humanitarian body, to protect and provide relief to civilians, subject to the consent of the parties to the conflict concerned.”
Mukhadama Muhammad, The Right to Humanitarian Assistance, Yarmouk Research Journal, Human and Social Sciences Series, Volume 13, Issue (2-a), Yarmouk University Publications, Jordan, 1997, pp. (135-213), p. 218.
See Article (23), Fourth Geneva Convention. of 1949, as well as Articles: (70), (71), the First Additional Protocol to the Geneva Conventions of August 12, 1949, and related to the protection of victims of international armed conflicts,
Article (59) of the Fourth Geneva Convention stipulates that: “If all or part of the population of the occupied territory lacks sufficient provisions, the Occupying Power must allow relief operations … and provide them with facilities as far as their means permit.”
Qasimi Youssef, Humanitarian Aid between the Necessities of Urgency and the Requirements of Development, Ph.D. thesis, Faculty of Law and Political Science, University of Mouloudy Mamari, Algeria, 2018, p. 157.
Article (3) is common to the four Geneva Conventions of 1949.
Al-Akhdar Mubdoua, Humanitarian Action During Armed Conflict, Ph.D. thesis, Faculty of Law, University of Algiers, 2016, p. 294.
Qassa Abd al-Rahman, previous reference, p.62
See Shakara Nadia Diaa, The Crisis of State Sovereignty towards the Policy of International Humanitarian Intervention, Journal of Legal and Political Sciences, Al-Aliya Association for Research and Strategic Studies, Iraq, Volume 1, Number 2, 2011, p. 318.
See Articles: (54) of the First Additional Protocol, (14) of the Second Additional Protocol, (8/2-b) of the Statute of the International Criminal Court, ratified in Rome (Italy) on 7/17/1998, It entered into force on July 1, 2002, Document No.: 10/183 CONF/A, available on the website:
International Law Commission, sixty-third session, previous reference, p. 162.
Qassa Abd al-Rahman, previous reference, p. 62.
Maurice Torelli, Does Humanitarian Aid Turn into Humanitarian Intervention, International Journal of the Cross, Fifth Year, No. 24, 1992, p. 199.
Jean Picnic, International Review of the Red Cross 2011, Volume 193, Number 2, Page 150.
Qasimi Youssef, previous reference, p. 157.
Yaves Sandoz et al, Commentary on The Addition Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 Martinus Nijhoff Publishers,1986,p1479.
Rebecca Barber, Facilitating Humanitarian Assistance in International Humanitarian Law and International Human Rights Law, International Review of the Red Cross, Vol. 91, No. 478, June 2009, pp. (91-117), p. 107.
See Qasah Abd al-Rahman, previous reference, pg. 59, 60.
Rebecca Barber, The Future of Humanitarian Work, op. cit., p. 106.
Institute of International Law, Resolution on the protection of human rights and the principle of non-intervention in the internal affairs of States, 13 September 1989, Santiago de Compostela, .art. 5, para. 2
Solution on humanitarian assistance, art. VIII, para. 1
E/CN.4/1998/53/Add.2
E/CN.4/1998/53/Add.2, principle 25, para. 2.
Hossam Hassan Hassan, Humanitarian Intervention in Contemporary International Law, Dar Al-Mahda Al-Arabia, Cairo, 2004, p. 690.
This goes back to "Bernard Kouchner", who called for overcoming the hurdle of national sovereignty, which made the state the sole owner of the suffering of its people by constantly rejecting the relief offers offered from abroad to save the victims.
Rebecca Barber, previous reference, p. 111.
Committee on Civil and Political Rights, General Comment No. 6, Right to Life (Article 6 of the Covenant), Covenant on Civil and Political Rights, Sixtieth Session, Rev.7 (1982), para.5/1/ Gen /UN Doc HRI.