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- Title
STATE CONSENT TO THE PROVISION OF HUMANITARIAN ASSISTANCE IN NON-INTERNATIONAL ARMED CONFLICTS.
- Authors
SCHAFFER, JESSICA
- Abstract
In light of repeated denials and obstruction of relief efforts by belligerent states, particularly when directed towards non-state armed groups designated as terrorist groups or justified as a legitimate response to the COVID-19 pandemic, this article provides a comprehensive analysis of the international legal position regarding the provision of humanitarian assistance in non-international armed conflicts. The article argues that although a general right of access has not crystalised, relief operations into territory under the effective control of a non-state armed group without state consent may be permissible with Security Council authorisation or otherwise, in appropriate circumstances, under the rules of state responsibility. More broadly, belligerent parties must abide by their legal obligations to ensure that the needs of civilians are met.
- Subjects
WAR laws; GOVERNMENT liability; COVID-19 pandemic; COUNTERTERRORISM laws
- Publication
University of Queensland Law Journal, 2021, Vol 40, Issue 1, p67
- ISSN
0083-4041
- Publication type
Article
- DOI
10.38127/uqlj.v40i1.5645