Arbitrary withholding of consent to humanitarian relief operations in armed conflict
This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights law regulates humanitarian assistance in armed conflict.
This academic paper was written as one of two background research papers commissioned by UNOCHA to the Oxford University addressing some of the issues that are examined in the Oxford guidance on the law relating to humanitarian relief operations in situations of armed conflict.
This paper was originally published by the Stockton Center for the Study of International Law.
Subscribe for Latest Updates
Our monthly updates and WhatsApp peer learning group highlight practical analysis, key events, and diverse viewpoints to help us all deliver Better Aid.