{"id":180098,"date":"2021-02-10T11:40:36","date_gmt":"2021-02-10T09:40:36","guid":{"rendered":"https:\/\/www.myza.co.za\/the-legal-implications-of-humanitarian-aid-blockades\/"},"modified":"2021-02-10T11:40:36","modified_gmt":"2021-02-10T09:40:36","slug":"the-legal-implications-of-humanitarian-aid-blockades","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/the-legal-implications-of-humanitarian-aid-blockades\/","title":{"rendered":"The legal implications of humanitarian aid blockades"},"content":{"rendered":"
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It\u2019s been over three months since the start of the conflict between the Tigrayan regional government and the Ethiopian government, yet aid agencies are only now<\/a> striking deals with the Ethiopian government to expand access for aid workers to the Tigray region. This has happened amid growing fears of a humanitarian catastrophe, following reports that Ethiopia was blocking<\/a> humanitarian aid from reaching civilians in Tigray.<\/em><\/p>\n

Moina Spooner, from The Conversation Africa, asked international law expert, Eugene Bakama, to explain what the legal implications of aid blockades are.<\/em><\/p>\n

What obligations do countries have to allow the provision of humanitarian aid, and what laws hold them to these obligations?<\/strong><\/p>\n

Under international law, states have the primary responsibility<\/a> to meet the basic needs of their civilians. Humanitarian organisations can offer their services to support aid efforts. This usually happens after an appeal by an affected country and with the country\u2019s consent. <\/p>\n

But it doesn\u2019t always work like this. Sometimes international aid agencies \u2013 like the International Committee of the Red Cross \u2013 initiate action to deliver aid if they deem a situation to be dire. If a country refuses this and blocks humanitarian aid, this constitutes an internationally wrongful act. Perpetrators can be tried before national or international courts for violation of international law. <\/p>\n

There are various reasons why aid blockades happen. <\/p>\n

For instance, parties to armed conflict may try to prevent weapons and equipment from reaching enemy forces. In Yemen, for example, Houthi forces confiscated<\/a> medical equipment intended to treat civilians. <\/p>\n

Restricting food aid can also be a weapon of war. Undermining the ability of communities to access food makes them<\/a> dependent on the state, or welfare agencies, and thus politically compliant.<\/p>\n

The main international legal instruments that would come into play, if there are concerns about humanitarian aid blockades, are the Geneva conventions of 1949 and their additional protocols. Signed by 64 countries in 1949, these four conventions form the core<\/a> of international humanitarian law. <\/p>\n

The Geneva conventions and their protocols apply only in times of armed conflict. They seek to protect people who are not \u2013 or are no longer \u2013 taking part in hostilities. Today, some 194 states<\/a> are party to the Geneva conventions. Ethiopia joined<\/a> in 1969. It also signed up to the additional protocols in 1994.<\/p>\n

In the case of Ethiopia, any blockades of humanitarian aid would have deepened the humanitarian crisis for civilians in Tigray. This would be a violation<\/a> of international humanitarian law as it prevents the entry of essential items for a vulnerable group into areas controlled by armed forces. <\/p>\n

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Read more: Ethiopia’s Tigray region has seen famine before: why it could happen again<\/a> <\/strong> <\/em>\n<\/p>\n

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Deliberate obstruction<\/a> of the delivery of humanitarian aid, essential to the survival of a civilian population, would also violate international humanitarian law. Those responsible can be prosecuted in national and international courts.<\/p>\n

Armed forces that control an area \u2013 as Ethiopia does with much of Tigray, including the capital, Mekelle \u2013 also violate international legal obligations<\/a> if they do not quickly facilitate civilian access to humanitarian aid. <\/p>\n

Humanitarian organisations have the right<\/a> to offer humanitarian aid without this being considered as interference in the internal affairs of a state. <\/p>\n

Who is responsible for investigating whether aid is being blocked?<\/strong><\/p>\n

The United Nations can use its agencies to investigate the matter. For instance, the UN\u2019s Human Rights Council can open an independent international investigation into abuses committed by parties to the conflict. <\/p>\n

The International Committee of the Red Cross also has a legal mandate to investigate blockages of humanitarian aid.<\/p>\n

What are the legal implications of blocking humanitarian aid?<\/strong><\/p>\n

By blocking humanitarian assistance, the state commits one of the most serious violations of international law: the right to life<\/a>. This would constitute an international crime<\/a> and those involved can be tried in local or international courts.<\/p>\n

Other countries can, under international law, respond to this violation by taking the following actions:<\/p>\n