The Legality of Provision of Humanitarian Aids in Times of Armed Conflict under International Humanitarian Law- A lesson from Sri Lankan experience

Abstract

The concept of humanitarian aids (HA) is a hot theme in view of the ongoing armed conflict between Israel and Palatines. In general, humanitarian aid is the assistance given to the victims to relieve suffering during emergency situations. This is different from development aid (DA). The purposes of humanitarian aids are to save lives, alleviate suffering and maintain human dignity in the aftermath of man-made crises and natural disasters. The objective of this paper is to examine the legality of provision of HA from the perspectives of International humanitarian law (IHL). The main research problem is whether blocking humanitarian aids amounts to war crime under IHL. Sri Lankan experience during the last phase of humanitarian operation in 2009 is discussed and compared with the ongoing conflict in Gaza strip. Literature survey is used as the appropriate methodology. The local and international primary and secondary sources such as local Acts, government reports, international treaties, the resolutions of the relevant international bodies are perused and analyzed for this purpose. The main finding shows that parties to in international armed conflicts (IAC) and non- international armed conflicts (NIAC) are legally bound to provide unhindered access to humanitarian aids. In conclusion, Sri Lanka’s compliance with IHL principles on HA satisfactory whereas Israel-Palatines are concerned, actions for self-defense exceedingly suppress the access for humanitarian aids.