International Humanitarian Law and Relief Societies

1. International Humanitarian LawandRelief Societies Charles Swift Counsel for the Muslim Legal Found of America

2. Purpose for the Geneva Conventions • Protect civilian and others hors de combat from military attack • Provide for humane treatment of civilian internees and captured combatants • Ameliorate human suffering caused by war • Care for sick and wounded generally • Food and shelter for civilians and other persons hors de combat

3. What the Conventions & Additional Protocols Do Don’t Mandate humanitarian aid Place principal responsibility for aid on the Parties to the conflict Recognize the Role of NGO’s in delivering humanitarian aid Protect those delivering aid as hors de combat Supplant National Sovereignty Permit aid or its denial to be used for military advantage

4. Aid and Types of Conflict * United States has not ratified Additional Protocols I & II

5. 4th Convention –occupied territory • ARTICLE 63Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;(b) the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities. The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues

6. Common Article 3 • The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

7. Additional Protocol II - the Protection of Victims of Non-International Armed Conflicts Art 18. Relief societies and relief Actions If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as food-stuffs 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.

8. Additional Protocol IICommentary • If relief actions were carried out with great care and precision as to technical detail, it may be possible to overcome political or security objections which might be raised. The actions would have to strictly comply with any conditions that might be imposed (examples: arrangement of transits in accordance with a precise timetable and itinerary, checking on convoys).4888 Implementation in such a way would serve to clearly establish responsibilities. Once relief actions are accepted in principle, the authorities are under an obligation to co-operate, in particular by facilitating the rapid transit of relief consignments and by ensuring the safety of convoys.4889 In return, assistance by a humanitarian organization provides some important guarantees, for such organizations are run in such a way as to undertake and share responsibilities with the authorities at various levels:

9. Commentary Art 18 Protocol II Humanitarian Aid • ' Vis-à-vis the victims: ' The humanitarian organization ensures that the assistance goes only to the beneficiaries, giving priority to the most vulnerable among them (women, children etc.). Professional methods and experience are valuable aids (for example, supervision of the distribution by means of marking recipients' hands with indelible ink) • ' Vis-à-vis the authorities themselves: ' The humanitarian organization guarantees that there will be no illegal traffic and the authorities control its activities. • ' Vis-à-vis the donors: ' The humanitarian organization is in a position to give guarantees to those providing the relief that consignments will not serve any other purposes than those for which they are intended; its presence and its action, for which it must render accounts, will vouch for that.

10. Medical Aid Additional Protocol II Art 10. General protection of medical duties • Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting there from.

11. Terrorism and the Law of War • Bush Administration – Terrorists and those that Materially support them are outside the protections of the Law of War • Hamdan v. Rumsfeld – Common Article 3 protected Hamdan visa via Afghanistan (theater of armed conflict) • Material Support and Humanitarian Aid • Overly broad • US may prohibit • If authorized should comply with existing IHL norms