Rule 101
The Parties concerned must allow and facilitate rapid and unimpeded passage of relief consignments, equipment and personnel in accordance with Rule 100, subject to technical arrangements including search.
[Commentary]
- 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)).
- As to the meaning of the expression “Parties concerned”, see paragraph 6 of the Commentary on Rule 100 (a).
- 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)).
- 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.
- 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.
- 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.
- Rule 101 applies also in non-international armed conflict. Its applicability may be derived from Art. 18 (2) AP/II.[588]
- 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.”
- 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.”
Categories: O: General Rules
