Abstract
Peacekeeping operations frequently take place in areas where multiple organizations are providing humanitarian aid to the civilian population affected by armed conflict, including to those who have fled their home areas to seek asylum or a safe haven. It is important, as part of preparation for deployment, as well as regularly during the course of a deployment, to clarify the nature of the military’s relationship with humanitarian actors and the evolving scope of their potential cooperation.
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- 1.
The ICCPR (International Covenant on Civil and Political Rights) permits no derogation on the right to life (Article 6), the prohibition of torture (Article 7), the prohibition of slavery (Article 8, paras 1 and 2), the right not to be held guilty for crimes that did not previously constitute crimes (Article 15). the right to be recognised as a person before law (Article 16) and the right to freedom of thought, conscience and religion (Article 18).
- 2.
Fundamental Principles of the International Red Cross and Red Crescent Movement, proclaimed in Vienna in 1965 by the 20th International Conference of the Red Cross and Red Crescent Movement. The International Red Cross and Red Crescent Code of Conduct includes principles beyond the core four principles endorsed by the General Assembly (Resolution 47/182 of December 1991). In addition, humanitarian organizations may find that some of these additional principles have particular meaning in certain contexts (for example, “participation” is often cited as an important humanitarian principle ). Conceptually, many other principles can be linked back to the four endorsed by the General Assembly.
- 3.
Common article 3 to the Geneva Conventions.
- 4.
Special protection and right to relief for wounded, sick and children (Additional Protocol II, articles 4,5,7 and 11); Prohibition of attacking or destroying objects indispensible for the survival of civilian population (Additional Protocol II, article 18); Security Council resolution 794 (1992) condemning the deliberate impeding of the delivery of food and medical supplies essential for the survival of the civilian population in an internal armed conflict (Somalia).
- 5.
The denial of humanitarian assistance as a crime under international law. International Review of the Red Cross, No, 835, 30.09.1999.
- 6.
Article 47, 1949 Geneva Convention , based on similar provisions in the Geneva Conventions of 1906 and 1929. See also ICRC. Rule 142. Instruction in International Humanitarian Law within Armed Forces.
- 7.
UN Security Council Resolution 1296 (2000).
- 8.
UN Security Council Resolution 1894 (2009).
- 9.
- 10.
The Kosovo Refugee Crisis. An Independent Evaluation of UNHCR’s emergency preparedness and response. February 2000.
References
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Mougne, C., Groot, F. (2016). Human Rights and Refugee Protection: The Interface with Humanitarian Actors. In: Lucius, G., Rietjens, S. (eds) Effective Civil-Military Interaction in Peace Operations. Springer, Cham. https://doi.org/10.1007/978-3-319-26806-4_15
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DOI: https://doi.org/10.1007/978-3-319-26806-4_15
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