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- Title
A matter of principle(s): The legal effect of impartiality and neutrality on States as humanitarian actors.
- Authors
Mačák, Kubo
- Abstract
This article examines the legal nature of the principles of impartiality and neutrality of humanitarian action, focusing on States as humanitarian actors. It argues that international law does not provide a general legal basis for the universal applicability of these principles, contrary to a common interpretation of the International Court of Justice's 1986 judgment in the Nicaragua case. Nevertheless, impartiality and neutrality may have a significant legal effect on the conduct of States. They may be directly binding on States through the operation of Security Council resolutions drafted in mandatory language. In addition, they may have indirect effect due to the States’ obligation to respect humanitarian organizations’ adherence to the principles. On the basis of this argument, the article pleads for increased conceptual clarity and, in turn, effectiveness of humanitarian action.
- Subjects
NEUTRALITY; HUMANITARIAN law; HUMANITARIAN assistance; FAIRNESS -- Social aspects; INTERNATIONAL Court of Justice
- Publication
International Review of the Red Cross, 2015, Vol 97, Issue 897/898, p157
- ISSN
1816-3831
- Publication type
Article
- DOI
10.1017/S1816383115000661