To have access to civilians in need, humanitarian organizations must deliver humanitarian assistance with the consent of the belligerent parties concerned. Such consent cannot be arbitrarily withheld. In cases where a party imposes a siege, blockade or embargo which has the effect of starving the civilian population, the party is obliged to give its consent.
In international armed conflicts, the representatives of the International Committee of the Red Cross and Protecting Powers must have access to prisoners of war or protected persons. In non-international armed conflicts, the consent of the belligerent parties is required for these representatives to have access to persons deprived of their liberty for reasons related to the conflict.
See Humanitarian assistance; Civilians; Civilian population; International Committee of the Red Cross; Protecting Powers; Humanitarian organizations;
OUTLINE
LEGAL SOURCES
for delegates of Protecting Powers
GCI, 8 (see ICRC updated Commentary)
GCII, 8 (see ICRC updated Commentary)
for delegates of the ICRC
to humanitarian activities of the ICRC and other humanitarian organisationsGCI, 9 (see ICRC updated Commentary)
GCII, 9 (see ICRC updated Commentary)
to assistance by civil defence organisations of neutral or third States
to relief actions
CASES
UN, Security Council Resolution 688 on Northern Iraq
ICJ, Nicaragua v. US (Paras. 242 and 243)
UN Security Council, Sanctions Imposed upon Iraq
Case Study, Armed Conflicts in the former Yugoslavia (Paras. 13 and 36)
Israel, Blockade of Gaza and the Flotilla Incident
Syria, Press conference with French President Francois Hollande and Russian President Vladimir Putin
Yemen, Potential Existence and Effects of Naval Blockade
Iraq/Syria/UK, Drone Operations against ISIS
Eastern Ukraine, OHCHR Report on the Situation: November 2016 - February 2017