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Fortunes of War

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Fortunes of War
The Fortunes of War:
The protection given to aid workers under International Humanitarian Law

Cian Moran
07304293

Independent Research Project for NUI Galway

Supervisor: Professor Ray Murphy

Highly commended by the judging panel in the Undergraduate Awards 2012 (Law)
"We 'd like to help you." the consul said
"But there 's nothing we can do
Well, you knew the risks when you took the job
After all you 're not a fool”
Beirut Moon by the Stiff Little Fingers (1991)
Introduction
Armed conflict is both gruesome and traumatic, causing mass disruptions of infrastructure, supplies and public services, with states devoting resources away from civilian needs to fulfil military objectives. As such, civilians are often reliant on outside assistance during such crises, particularly in developing countries where resources are scarce. It is accepted in international law that humanitarian workers are not to be targeted and are accorded the rights and protections of civilian non-combatants. There is an international consensus that humanitarian aid is something beyond war and a principle to be respected and not subject to military whims or interference. As civilians are not engaging or furthering warfare, they should not be made to unnecessarily suffer. Humanitarian workers perform generally admirable work, responding rapidly to crises and dilemmas and endangering themselves to help others. There are of course, some concerns that certain aid workers are taking advantage of human misery to further their own religious views or to alleviate personal feelings of guilt. Overall though, most would see humanitarian aid as vital and deplore any violence against aid workers.
However, attacks on humanitarian workers have sharply increased in recent years, with kidnapping being an especially pressing concern. This is a trend which has been sharply criticised by the United Nations: aside from being attacks on non-combatants who risk their safety to help others, the



Bibliography: Articles Afghanistan NGO Safety Office and CARE, ‘NGO Insecurity in Afghanistan’ (2005) Faite, Alexander. ‘Legal Considerations regarding the protection of humanitarian workers in the field.’ ICRC, Secure O2 (June, 2002) ICRC Civilian "Direct participation in hostilities": overview King, Dennis. ‘Paying the ultimate price: an analysis of aid worker fatalities’ Humanitarian Exchange Magazine (July 2002) http://www.odihpn.org/report.asp?id=2454 Accessed 21st October 2011 Kirgis, Frederick Lorecchio, Caio and Sidersky, Mariana. Civilians’ Protection in Armed Conflict: The Security of Humanitarian Aid Workers (2011) p.8 http://amun.org.br/2011/wp-content/uploads/2011/06/14th-AMUN-UNSC-Topic-A.pdf Accessed 25th September 2011 Radtke, Katrin Schmidt, Frank. ‘Recommendations for improving the security of humanitarian workers’ International Review of the Red Cross, No 317, (1997) Stoddard, Abby, Harmer Adele and DiDomencio Victoria Stoddard Abby, Harmer Adele and DiDomenico Victoria. ‘Providing Aid in Insecure Environments, Update’ Humanitarian Policy Group (London 2009) Thornberry, Cedric Fleck, Dieter. The Handbook of International Humanitarian Law (New York, 2008) Gardan, Judith Gail ICRC, Commentary on IV Geneva Convention (Geneva, 1958) Rieff, David International Treaties Geneva Convention I (1949) Geneva Convention II (1949) Geneva Convention III (1949) Geneva Convention IV (1949) Geneva Convention Additional Protocol I (1977) Geneva Convention Additional Protocol II (1977) United Nations Convention on the Safety of United Nations and Associated Personnel (1994) UN Security Council Resolution 1296 (2000) United Nations Security Council Resolution 1502 (2003) Government sources ‘Safety and Security of Humanitarian Workers’, Foreign Affairs and International Trade Canada, http://www.international.gc.ca/humanitarian-humanitaire/safety-securite.aspx?menu_id=3&view=d, Accessed 21st September, 2011. United Nations sources IRIN, ‘Civilian Protection in Armed Conflict” (March 2003) http://www.irinnews.org/InDepthMain.aspx?InDepthId=31&ReportId=70523 Accessed 21st October 2011 ‘UN humanitarian chief condemns increasing violence against aid workers.’ UN News Centre, 20th July 2009 UN Office for Coordination of Humanitarian Affairs ‘Security Incidents against Humanitarian Workers (2009) [ 1 ]. Rieff, David. ‘Blocking of Humanitarian Aid’ Crimes of War (Singapore, 2007) p.225 [ 2 ] [ 5 ]. Radtke, Katrin. Aid At Risk on Many Fronts, Deutsche Gesellschaft für Internationale Zusammenarbeit (2010) http://www.inwent.org/ez/articles/179937/index.en.shtml Accessed 21st September, 2011 [ 6 ] [ 7 ]. Afghanistan NGO Safety Office and CARE, ‘NGO Insecurity in Afghanistan’ (2005), p.6 [ 8 ] [ 9 ]. Comtesse, Philippe. ‘The new vulnerability of humanitarian workers: what is the proper response? An ICRC delegate 's view’, International Review of the Red Cross, No. 317, (1997) [ 10 ] [ 13 ]. Radtke, Katrin. Aid At Risk on Many Fronts, Deutsche Gesellschaft für Internationale Zusammenarbeit (2010) http://www.inwent.org/ez/articles/179937/index.en.shtml Accessed 21st September, 2011 [ 14 ] [ 15 ]. Rieff, David. ‘Blocking of Humanitarian Aid’ Crimes of War (Singapore, 2007) p.225 [ 16 ] [ 19 ]. Stoddard Abby, Harmer Adele and DiDomenico Victoria. Providing Aid in Insecure Environments, Humanitarian Policy Group (2009) p.4 [ 20 ] [ 23 ]. Gardan, Judith Gail. Non Combat Immunity as a Norm of International Humanitarian Law. (Dordrecht, 1993) p.3 [ 24 ]

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