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 the one hand; and civilians in need of humanitarian assistance are also able to access humanitarian organizations for 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 not taking active part in hostilities. This Article is however necessitated by the constant obstruction of access to humanitarian assistance characterizing contemporary conflicts which scuttles civilian protection. This is true of Tigray, 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 the Geneva Conventions 1949 and their Additional Protocols of 1977. The author started by appraising the legal framework 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 in contemporary armed conflicts; and outlined the steps required to be taken by the parties to the conflict to enhance access to humanitarian assistance. The Article found that access to humanitarian assistance is blocked in most contemporary armed conflicts thereby making the protection of civilians difficult or almost impossible. The author concluded by recommending an effective humanitarian operation made manifest in the protection of humanitarian personnel. Only then will International Humanitarian Law secure the protection of civilians.