1. Rule 100 (a) is based on Art. 23,^[573] Art. 55^[574] and Art. 59 of GC/IV^[575] as well as on Art. 69^[576] and Art. 70 (1) of AP/I.^[577] See also Rule 19 (c).
2. The expression “any territory under the control of a Belligerent Party” covers primarily the national territory of a State involved in an international armed conflict, but also those territories under the effective control or authority of a Belligerent Party. Rule 100 (a) thereby covers relief actions intended both for occupied territories and for other territories.^[578]
3. The list of items essential for the survival of the civilian population (“food, medical supplies, clothing, bedding, means of shelter”) in Rule 100 (a) is based on the first paragraph of Art. 55^[579] of GC/IV and on Art. 69 (1) of AP/I.^[580] However, the list is not exhaustive (note the words: “or other supplies essential to survival”). It all depends on the circumstances: heating oil, e.g., may be an essential item in a cold region. Among other essential items may be objects necessary for religious worship, mentioned specifically in Art. 69 (1) of AP/I.
4. In occupied territories, there is an affirmative obligation on the Occupying Power to accept relief actions if it is not in a position to ensure the adequate provision of supplies essential to the survival of the civil-ian population itself (see Art. 59 of GC/IV).^[581]
5. In non-occupied territories, humanitarian relief actions are “subject to the agreement of the Parties concerned”. The insistence on agreement indicates that consent by the relevant Belligerent Party is essential. Opinions in the Group of Experts were divided as to whether the absence of agreement implies that there is no obligation to enable humanitarian aid from the outside to proceed. Hence, the use of the term “should” in the text. The majority of the Group of Experts were of the opinion that agreement by a Belligerent Party ought not to be withheld except for valid reasons (e.g., objective security risks for relief personnel or reasonable grounds to suspect that the aid is not humanitarian or impartial in character) and as an exceptional measure. Therefore, there may be extreme circumstances of privation in which agreement by a Belligerent Part to humanitarian aid from abroad cannot be withheld in view of the prohibition of starvation of civilians as a method of warfare.^[582]
6. Rule 100 (a) covers all “Parties concerned”. These Parties include not only the Belligerent Parties, but also Neutrals from which relief is sent or through whose territory the relief consignments pass.
7. The operation of relief personnel “shall be subject to the approval of the Party in whose territory they will carry out their duties” (see Art. 71 (1) of AP/I).^[583]
8. Rule 100 (a) refers to “relief consignments” which are (i) essential to the survival of the civilian population; (ii) humanitarian and impartial in character; and (iii) conducted without adverse distinction.
9. Humanitarian relief actions must be aimed at bringing relief to victims, i.e. the civilian population lack-ing essential supplies. They must also be impartial in character and conducted without adverse distinction. Individuals must be assisted according to their needs only (on the basis of the urgency and severity of the case). At the same time, particularly vulnerable segments of the civilian population (such as children, expectant mothers and persons with disabilities) may get a preferential treatment.
10. Rule 100 (a) applies also in non-international armed conflict.^[584] As the concept of occupation does not exist in non-international armed conflict, the final sentence of Rule 100 (a), however, does not apply. As in international armed conflict, the agreement for such humanitarian relief may not be withheld on arbitrary grounds (see paragraph 5 of the Commentary on Rule 100 (a)).

573. Art. 23 of GC/IV, see fn. 761.
574. Art. 55 of GC/IV: “To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other Arts. if the resources of the occupied territory are inadequate.”
575. Art. 59 of GC/IV: “If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the ICRC, shall consist, in particular, of the Rule of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.”
576. Art. 69 of AP/I: “(1) In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the Rule of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship. (2) Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay.”
577. Art. 70 (1) of AP/I: “If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies mentioned in Art. 69, relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be given to those per-sons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection.”
578. The difference between occupied territories and non-occupied territories is based on the first paragraph of Art. 59 of GC/IV, see fn. 575.
579. First paragraph of Art. 55 of GC/IV, see fn. 574.
580. Art. 69 (1) of AP/I, see fn. 576.
581. Art. 59 of GC/IV, see fn. 575.
582. Para. 47.26 of the Commentary on the SRM/ACS: “[i]t is likely that it would be unlawful to withhold agree-ment in the case of shipments of objects indispensable for the survival of the population.”
583. Art. 71 (1) of AP/I: “Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.”
584. Art. 18 (2) of AP/II: “If the civilian population is suffering undue hardship owing to a lack of the supplies es-sential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be un-dertaken subject to the consent of the High Contracting Party concerned.”

1. Rule 100 (b) is based on the second paragraph of Art. 59 of GC/IV.^[585]
2. Whereas all States may, in principle, undertake relief actions, only Neutrals will in practice be capable of providing the essential guarantees of impartiality.
3. Only impartial humanitarian organizations qualify for the purposes of Rule 100 (b). The ICRC is mentioned due to its special qualifications and as an example of an impartial humanitarian organization.^[586]
4. Rule 100 (b) applies also in non-international armed conflict.

585. Second Para. of Art. 59 of GC/IV: “Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.”

As regards the expression “relief actions which are humanitarian and impartial in character”, used in Art. 70 (1) of AP/I, Para. 2804 of the ICRC Commentary on AP/I, states: “obviously all this also applies to actions undertaken by im-partial humanitarian organizations, such as the ICRC.”

586. ICRC Commentary on GC/IV, pertaining to the second paragraph of Art. 59 at page 321: “This form of words [“impartial humanitarian organization”] … is general enough to cover any institutions or organizations capable of acting effectively and worthy of trust. The International Committee is mentioned both on account of its own special qualifications and as an example of a humanitarian organization whose impartiality is assured.”

1. Rule 101 relates to the passage of relief consignments. It is based on Art. 70 (2) − (4) of AP/I.^[587] The reference to Rule 100 implies that an agreement is required in non-occupied territories. In occupied territories, an Occupying Power which cannot ensure the adequate provision of supplies essential to the survival of the civilian population is under an affirmative obligation to facilitate passage of relief consignments (see paragraph 4 of the Commentary on Rule 100 (a)).
2. As to the meaning of the expression “Parties concerned”, see paragraph 6 of the Commentary on Rule 100 (a).
3. The Parties concerned must allow and facilitate the rapid and unimpeded passage of relief consignments (meeting the conditions spelled out in paragraph 9 of the Commentary on Rule 100 (a)).
4. Rule 101 emphasizes that the requirement to “allow and facilitate” relates not only to relief consignments, but also to the relief personnel and their equipment.
5. The passage of relief consignments must be rapid and unimpeded, that is, subject to no harassment or undue delays and with as little formalities as possible.
6. The Parties concerned may demand that certain technical arrangements (including search) be undertaken, but these arrangements must not infringe the overall obligation to facilitate the passage of relief consignments.
7. Rule 101 applies also in non-international armed conflict. Its applicability may be derived from Art. 18 (2) AP/II.^[588]

587. Art. 70 (2) – (4) of AP/I: “(2) The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party. (3) The Parties to the conflict and each High Contracting Party which allows the passage of relief consignments, equipment and personnel in accordance with paragraph 2: (a) shall have the right to prescribe the technical arrangements, including search, under which such passage is permitted; (b) may make such permission conditional on the distribution of this assistance being made under the local supervision of a Protecting Power; (c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned. (4) The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.”
588. Art. 18 (2) of AP/II: “If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.”

1. Rule 102 (a) is based on Art. 71 (1) and (2) of AP/I.^[589]
2. Humanitarian relief personnel may be working, e.g., for one of the Belligerent Parties or a Neutral, a national relief Society, an international non-governmental organization or an international organization. The notion of humanitarian relief personnel includes, inter alia, medical and para-medical personnel, experts in hygiene and nutrition, and those engaged in transportation, distribution and administration.
3. The phrase “prescribed parameters” ought to be understood to mean especially (i) humanitarian mission, impartial in character and conducted without adverse distinction; (ii) consent of the Party in whose territory they will carry out their duties; (iii) non-commission of acts harmful to a Belligerent Party; and (iv) compliance with the technical requirements which the authorities could impose (route, schedule, curfew, etc.) (see Art. 71 (4) of AP/I).^[590]
4. In the event that the prescribed parameters are not observed, the humanitarian mission may be terminated.
5. The phrase “transports, installations and goods” is deliberately broader than the expression “equip-ment” used in Rule 101, inasmuch as practice demonstrates that a large-scale relief operation requires protection that goes beyond mere equipment.
6. Relief operations may include the use of aircraft. In addition to delivering aid, aircraft (including UAVs) may also serve, e.g., to assess the conditions of the population or to identify viable routes for the de-livery of relief supplies, in particular where ongoing hostilities may endanger the relief effort or where significant damage to the transportation system has occurred due to fighting, natural disaster or other causes. Aircraft exclusively engaged in such activities pursuant to an agreement between the Belligerent Parties are entitled to specific protection from attack (see Rule 64).
7. The protection conferred upon humanitarian relief personnel must not abused by Belligerent Parties. Hence, the enemy must not be deceived through the use of the logo of a humanitarian organization (such as the ICRC) to transport combatants, to carry weapons, or to invade a particular area. Such acts jeopardize the whole system of protection of humanitarian relief personnel. Some of these acts may amount to prohibited perfidy (see Section Q, in particular Rule 112 (a)).
8. Rule 102 (a) applies also in non-international armed conflict. The protection of humanitarian relief personnel, transports, installations and goods is indispensable for the provision of relief to the civilian populations in need.

589. Art. 71 (1) – (2): “(1) Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties. (2) Such personnel shall be respected and protected.”
590. Art. 71 (4) of AP/I: “Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated.”

1. Rule 102 (b) is based on Art. 71 (3) of AP/I.^[591]
2. In addition to its duty to protect relief personnel under Rule 105 (a), each Belligerent Party in receipt of relief consignments has the duty, to the fullest extent practicable, to assist such personnel in carrying out their mission. For example, the receiving Belligerent Party must do its utmost to facilitate the task of relief personnel by simplifying administrative formalities and by offering practical assistance, e.g., in discharging cargo. This obligation may extend, as far as possible, to the repair of air traffic control capability or to the repairs (e.g., filling holes) of an airstrip to allow relief aircraft to safely access the persons in need.
3. The activities or movements of relief personnel may only be temporarily restricted by a Belligerent Party in case of “imperative military necessity”. For example, the distribution of relief items to the civilian population may be limited if it is known that relief personnel is passing foodstuffs to the armed forces of the enemy.^[592] Before any unilateral decision is taken by the Belligerent Party concerned, any limitation on the activities of relief personnel ought to be discussed with those responsible for the humanitarian relief. At the same time, it must be appreciated that quick decisions may be necessary in light of the developing hostilities.
4. In any event, any limitation imposed by a Belligerent Party on the activities of the relief personnel, must be temporary in nature, and it may not be prolonged beyond what is required by the “imperative military necessity”.
5. Rule 102 applies also in non-international armed conflict.

591. Art. 71 (3) of AP/I: “Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements temporarily restricted.”
592. Para. 2894 of the ICRC Commentary on AP/I, pertaining to Art. 71 of AP/I.

1. In certain circumstances — e.g., when one of the Belligerent Parties is conducting an intense air campaign in inhabited areas, making entry into them very risky — humanitarian organizations can be temporarily barred from delivering humanitarian assistance. Therefore, whenever circumstances permit, Belligerent Parties ought to suspend air or missile operations. This suspension ought then to allow humanitarian relief personnel safe passage to any area in humanitarian need and allow civilians to safely leave their (possible) shelters to receive assistance.
2. The suspension of air attacks may take different forms. Ideally, all Belligerent Parties reach a formal agreement to cease air and missile attacks for a specified period. Alternatively, one Belligerent Party may suspend air and missile attacks unilaterally. In that case, the enemy ought not to make use of that situation to further its military goals. Of course, Belligerent Parties are at liberty to agree on a formal cease-fire, temporarily halting all conduct of hostilities. This ought especially to be considered where air or missile operations threaten the distribution of humanitarian assistance.
3. Belligerent Parties ought to suspend air or missile attacks only “whenever circumstances permit”. This qualifier has been inserted because, for reasons of military necessity, it may not be possible to suspend air or missile operations. Similarly, it may also be the case that, while one Belligerent Party has suspended air and missile attacks, the enemy launches a counter-offensive. In that case, it would be unreasonable to expect the Belligerent Party which suspended its air and missile attacks not to resume them. However, in such a scenario, a warning and sufficient time ought to be given to the relief personnel and to the civilians, respectively, to allow them to withdraw from the area or to go into shelters.
4. Rule 103 applies also in non-international armed conflict.

1. As indicated by the words “may include such matters as”, Rule 104 merely sets forth examples of “technical arrangements”.
2. Rule 104 applies also in non-international armed conflict.

Whilst the Parties concerned must allow the unimpeded passage of relief consignments (see Rule 101), delivery of such consignments through “air corridors” or “air routes” may be arranged. “Air route” is the more general term of the two. It is simply “the navigable airspace between two points, identified to the extent necessary for the application of flight rules”.^[593] The term “air corridor” has more specific implications. It means “a restricted air route of travel specified for use by friendly aircraft and established for the purpose of preventing friendly aircraft from being fired on by friendly forces.”^[594]

593. DoD Dictionary of Military and Associated Terms, at page 24.
594. DoD Dictionary of Military and Associated Terms, at page 13.

Where territory is not otherwise accessible, air drops present an alternative to relief consignments distributed on the ground. Obviously, where air drops are carried out, it is impossible to meet the condition of relief actions being “conducted without adverse distinction” (see Rule 100 (a)). Hence, as soon as it is possible, relief consignments ought to be distributed on the ground evenly and with priority to those most in need.^[595]

595. Art. 70 (1) of AP/I, final sentence, see fn. 577.

The deliverer of relief supplies and the Party concerned may agree on flight details such as timing, route or landing. This is true even of occupied territories (see the fourth paragraph of Art. 59 of GC/IV).^[596] However, if an aircraft carrying relief consignments fails to meet a minor condition in an agreement (e.g., the flight is conducted at a slight time variance from the agreed upon schedule), this ought not to be used as a pretext to refuse relief supplies.

596. Fourth Para. of Art. 59 of GC/IV: “A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.”

The Parties concerned may search relief supplies (see Commentary on Rule 101). Evidently, a search ought to be conducted as expeditiously as possible, in order not to delay relief supplies too long. The terms “relief supplies” and “relief consignments” are used interchangeably; they both mean goods delivered for humanitarian ends.