UNIMPEDED ACCESS TO HUMANITARIAN ASSISTANCE AS A PANACEA FOR CIVILIAN PROTECTION: A LEGAL PERSPECTIVE

Abstract

Effective humanitarian response whereby humanitarian organizations are able to access civilians in need on theone hand; and civilians in need of humanitarian assistance are also able to access humanitarian organizationsfor materials and services essential to their survival, without any form of obstruction imposed by law or policies,is part of the measures through which International Humanitarian Law effects the protection of civilians nottaking active part in hostilities. This Article is however necessitated by the constant obstruction of access tohumanitarian assistance characterizing contemporary conflicts which scuttles civilian protection. This is true ofTigray, Yemeni, and Afghan civil wars, to mention but a few. With particular reference to the above civil wars,the Article examined the effect of impeding humanitarian access to civilian protection within the context of theGeneva Conventions 1949 and their Additional Protocols of 1977. The author started by appraising the legalframework for humanitarian assistance; the right to demand; and the obligation to give humanitarian assistance.The author further discussed instances of violation of the right of civilians to access humanitarian assistance incontemporary armed conflicts; and outlined the steps required to be taken by the parties to the conflict to enhanceaccess to humanitarian assistance. The Article found that access to humanitarian assistance is blocked in mostcontemporary armed conflicts thereby making the protection of civilians difficult or almost impossible. The authorconcluded by recommending an effective humanitarian operation made manifest in the protection of humanitarianpersonnel. Only then will International Humanitarian Law secure the protection of civilians.