Legal Basis For Protection of Humanitarian Workers
The legal basis for protection of humanitarian workers in conflicts is contained in the Geneva Conventions of 1949 and the related Protocol of 1977. These treaties describe the category of civilian non-combatant and outline the rights and obligations of non-combatants during conflict. These rights include the right to be treated humanely; to have access to food, water, shelter, medical treatment, and communications; to be free from violence to life and person, hostage taking, and humiliating or degrading treatment; and the prohibition against collective punishment or imprisonment. Civilian non-combatants include local citizens and nationals of countries that are not party to the conflict.
While the Geneva Conventions guarantee protection for humanitarian workers, they do not guarantee access of humanitarian workers to affected areas: governments or occupying forces may, if they wish, ban a relief agency from working in their area. Médecins Sans Frontières was created in 1971 with the express purpose of ignoring this restriction, by providing assistance to populations affected by the Biafran civil war despite the prohibitions of the government of Nigeria.
In addition, the Geneva Conventions do not require that parties to the conflict guarantee the safety of humanitarian workers. The Conventions prohibit combatants from attacking non-combatants, and they require occupying forces to maintain general order. However, the Conventions do not require that combating parties provide security escorts, for example, when other factions threaten the safety of non-combatants operating in their area.
In 2003, the United Nations Security Council passed Resolution 1502 giving greater protection to humanitarian workers and treating attacks on them as a war crime.
Read more about this topic: Attacks On Humanitarian Workers
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