Rule 102
(a) Humanitarian relief personnel, acting within the prescribed parameters of their mission, must be respected and protected. The protection extends to humanitarian transports, installations and goods.
[Commentary]
(b) Each Belligerent Party in receipt of relief consignments must, to the fullest extent practicable, assist the relief personnel referred to in paragraph (a) 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.
[Commentary]
- Rule 102 (a) is based on Art. 71 (1) and (2) of AP/I.[589]
- 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.
- 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]
- In the event that the prescribed parameters are not observed, the humanitarian mission may be terminated.
- 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.
- 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).
- 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)).
- 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.
- 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.”
- 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.”
- Rule 102 (b) is based on Art. 71 (3) of AP/I.[591]
- 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.
- 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.
- 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”.
- Rule 102 applies also in non-international armed conflict.
- 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.”
- Para. 2894 of the ICRC Commentary on AP/I, pertaining to Art. 71 of AP/I.
Categories: O: General Rules
