Normative Framework

Humanitarian Access in Situations of Armed Conflict: Handbook on the International Normative Framework

Resource type: Normative Framework

Date published: December, 2014

resource details

Publisher: Swiss Federal Department of Foreign Affairs

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations, 2011

Resource type: Normative Framework, United Nations Economic and Social Council Resolutions

Date published: 21 July, 2011

resource details

“…[R]ecognizes the need for appropriate collaboration between humanitarian actors and relevant authorities of the affected State in matters related to the safety and security of humanitarian personnel…”

Issuing body: United Nations Economic and Social Council (ECOSOC)

Symbol and paragraph: E/2011/8, OP23

Agenda item: Strengthening of the coordination of emergency humanitarian assistance of the United Nations

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

Resource type: Normative Framework, International Human Rights Law

Date published: 22 October, 2009

resource details

“State Parties shall provide sufficient protection and assistance to internally displaced persons, and where available resources are inadequate to enable them to do so, they shall cooperate in seeking the assistance of international organizations and humanitarian agencies, civil society organizations and other relevant actors. Such organizations may offer their services to all those in need.”

Issuing body: African Union

Symbol and paragraph: Art. 5(6)

Agenda item: Obligation of State Parties Relating to Protection and Assistance

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

Resource type: Normative Framework, International Human Rights Law

Date published: 22 October, 2009

resource details

“State Parties shall allow rapid and unimpeded passage of all relief consignments, equipment and personnel to internally displaced persons. States Parties shall also enable and facilitate the role of local and international organizations and humanitarian agencies, civil society organizations and other relevant actors, to provide protection and assistance to internally displaced persons.”

Issuing body: African Union

Symbol and paragraph: Art. 5(7)

Agenda item: Relief action for internally displaced persons

UN Security Council Resolution 1889 on Women, Peace, and Security

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 5 October, 2009

resource details

“Calls upon all parties to armed conflicts to … ensure full, unimpeded and secure humanitarian access to [civilians in refugee camps];”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1889 (2009)OP12

Agenda item: Women, Peace, and Security

See also:

UN Security Council Resolution 1834 on Chad, the Central African Republic and the subregion S/RES/1834 (2008)

UN Security Council Resolution 1778 on Chad, the Central African Republic and the subregion S/RES/1778 (2007)

UN Security Council Resolution 1325 on Women, Peace, and Security S/RES/1325 (2000)

UN Security Council Resolution 1286 on Burundi S/RES/1286 (2000)

UN Security Council Resolution 1272 on East Timor S/RES/1272 (1999)

Statement by the President of the UN Security Council on Burundi S/PRST/1999/32 (1999) 

UN Security Council Resolution 1882 on Children and Armed Conflict

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 4 August, 2009

resource details

“[E]ncourages Member States … in close  consultations with the United Nations country-level task force on monitoring and reporting and United Nations country teams, to facilitate the development and implementation of time-bound actions
plans, … relating to the protection of children and armed conflict;”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1882 (2009), OP6

Agenda item: Children and Armed Conflict

See also:

UN Security Council Resolution 1998 on Children and Armed Conflict S/RES/1998 (2011)

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations, 2009

Resource type: Normative Framework, United Nations Economic and Social Council Resolutions

Date published: 22 July, 2009

resource details

Encourages United Nations humanitarian organizations, while strengthening the coordination of humanitarian assistance in the field, to continue to work in close coordination with national Governments, taking into account the primary role of the affected State in the initiation, organization, coordination and implementation of such assistance within its territory;”

Issuing body: United Nations Economic and Social Council (ECOSOC)

Symbol and paragraph: E/2009/3, OP9

Agenda item: Strengthening of the coordination of humanitarian emergency assistance of the United Nations

See also:

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2010/1, OP9

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2011/8, OP11

Rule 55: Access for Humanitarian Relief to Civilians in Need

Resource type: Normative Framework, International Humanitarian Law

Date published: 2009

resource details

“The parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction, subject to their right of control.”

Issuing body: International Committee of the Red Cross (ICRC)

Agenda item: Free passage of humanitarian relief

Rule 56: Freedom of Movement of Humanitarian Relief Personnel

Resource type: Normative Framework, International Humanitarian Law

Date published: 2009

resource details

“The parties to the conflict must ensure the freedom of movement of authorized humanitarian relief personnel to the exercise of their functions.”

Issuing body: International Committee of the Red Cross (ICRC)

Agenda item: Freedom of movement of relief personnel

Guiding Principles on Internal Displacement, 2nd Edition

Resource type: Normative Framework, United Nations General Assembly Resolutions

Date published: September, 2004

resource details

“All authorities concerned shall grant and facilitate the free passage of humanitarian assistance and grant persons engaged in the provision of such assistance rapid and unimpeded access to the internally displaced.”

Issuing body: United Nations Economic and Social Council (ECOSOC)

Symbol and paragraph: Principle 25 (3)

UN Security Council Resolution 1539 on Children and Armed Conflict

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 22 April, 2004

resource details

“Calls upon parties [listed in the annexes of the S-G annual report for violating the rights of children] to prepare… concrete time-bound action plans to halt recruitment and use of children in violation of the international obligations applicable to them, in close collaboration with United Nations peacekeeping missions and United Nations country teams…”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1539 (2004), OP5a

Agenda item: Children and Armed Conflict

See also:

UN Security Council Resolution 1612 on Children and Armed Conflict S/RES/1612 (2005)

UN Security Council Resolution 1882 on Children and Armed Conflict S/RES/1882 (2009)

UN Security Council Resolution 1998 on Children and Armed Conflict S/RES/1998 (2011)

UN Security Council Resolution 1460 on Children and Armed Conflict

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 30 January, 2003

resource details

Calls on parties involved in armed conflict to abide by the concrete commitments [to end grave violations against children affected by armed conflict] they have made to the Special Representative of the Secretary-General for Children and Armed Conflict and to cooperate fully with the United Nations system in the implementation of their commitment.”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1460 (2003), OP14

Agenda item: Children and Armed Conflict

See also:

UN Security Council Resolution 1539 on Children and Armed Conflict S/RES/1539 (2004)

UN Security Council Resolution 1612 on Children and Armed Conflict S/RES/1612 (2005)

UN Security Council Resolution 1882 on Children and Armed Conflict S/RES/1882 (2009)

UN Security Council Resolution 1998 on Children and Armed Conflict S/RES/1998 (2011)

 

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations, 2002

Resource type: Normative Framework, United Nations Economic and Social Council Resolutions

Date published: 26 July, 2002

resource details

“Calls upon all Governments and parties in complex humanitarian emergencies, in particular in armed conflicts and in post-conflict situations, in countries in which humanitarian personnel are operating, in conformity with the relevant provisions of international law and national laws, to cooperate fully with the United Nations and other humanitarian agencies and organizations and to ensure the safe and unhindered access of humanitarian personnel in order to allow them to perform efficiently their task of assisting the affected population, including refugees and internally displaced persons;”

Issuing body: United Nations Economic and Social Council (ECOSOC)

Symbol and paragraph: E/2002/32, OP 22

Agenda item: Strengthening of the coordination of emergency humanitarian assistance of the United Nations

See also:

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2003/5, OP7

ECOSOC Resolution on Triennial comprehensive policy review of operational activities for development of the United Nations system E/2004/50, OP9

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2009/3, OP12

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2010/1, OP13

ECOSOC Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations E/2011/8, OP20

UN General Assembly Resolution on Protection of and assistance to internally displaced persons, 2002

Resource type: Normative Framework, United Nations General Assembly Resolutions

Date published: 20 February, 2002

resource details

“Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons.”

Issuing body: United Nations General Assembly

Symbol and paragraph: A/RES/56/164, OP10

Agenda item: Protection of and assistance to internally displaced persons

See also:

UN General Assembly Resolution on Protection of and assistance to internally displaced persons, 2003 A/RES/58/177 (2003), OP11

UN General Assembly Resolution on Protection of and assistance to internally displaced persons, 2005 A/RES/60/168 (2005), OP12

UN General Assembly Resolution on Protection of and assistance to internally displaced persons, 2007 A/RES/62/153 (2007), OP15

UN General Assembly Resolution on Strengthening of the coordination of emergency humanitarian assistance of the United Nations, 2011 A/RES/65/133 (2011), OP26

UN Security Council Resolution 1296 on Protection of Civilians in Armed Conflict

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 19 April, 2000

resource details

“Underlines the importance of safe and unimpeded access of humanitarian personnel to civilians in armed conflicts, calls upon all parties concerned, including neighboring States, to cooperate fully with the United Nations Humanitarian
Coordinator  and United Nations  agencies in providing  such access …”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1296 (2000), OP8

Agenda item: Protection of Civilians in Armed Conflict

See also:

UN Security Council Resolution 1674 on Protection of Civilians in Armed Conflict S/RES/1674 (2006)

UN Security Council Resolution 1894 on Protection of Civilians in Armed Conflict S/RES/1894 (2009)

UN Security Council Resolution 1261 on Children and Armed Conflict

Resource type: Normative Framework, United Nations Security Council Resolutions

Date published: 30 August, 1999

resource details

“Calls upon all parties to armed conflicts to ensure the full, safe and unhindered access of humanitarian personnel and the delivery of humanitarian assistance to all children affected by armed conflict;”

Issuing body: United Nations Security Council

Symbol and paragraph: S/RES/1261 (1999), OP11

Agenda item: Children and Armed Conflict

See also:

UN Security Council Resolution 1314 on Children and Armed Conflict S/RES/1314 (2000)

UN Security Council Resolution 1379 on Children and Armed Conflict S/RES/1379 (2001)

UN Security Council Resolution 1460 on Children and Armed Conflict S/RES/1460 (2003)

UN Security Council Resolution 1539 on Children and Armed Conflict S/RES/1539 (2004)

 

UN General Assembly Resolution on Safety and security of humanitarian personnel

Resource type: Normative Framework, United Nations General Assembly Resolutions

Date published: 18 February, 1998

resource details

Calls upon all States and parties in complex humanitarian emergencies, in particular in armed conflict and in post-conflict situations, in countries in which humanitarian personnel are operating, in conformity with the relevant provisions of international law and national laws, to cooperate fully with the United Nations and other humanitarian agencies and organizations and to ensure the safe and unhindered access of humanitarian personnel, as well as delivery of supplies and equipment, in order to allow such personnel to efficiently perform their task of assisting affected civilian populations, including refugees and internally displaced persons;”

Issuing body: United Nations General Assembly

Symbol and paragraph: A/RES/52/167 (1998), OP3

Agenda item: Strengthening of the coordination of humanitarian emergency assistance of the United Nations

See also:

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 1998 A/RES/53/87 (1998), OP11

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 1999 A/RES/54/192 (1999), OP3

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2000 A/RES/55/175 (2000), OP4

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2001 A/RES/56/217 (2001), OP4

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2002 A/RES/57/155 (2002), OP5

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2003 A/RES/58/114 (2003), OP10

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2003 A/RES/58/122 (2003), OP5

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2004 A/RES/59/141 (2004), OP18

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2004 A/RES/59/211 (2004), OP4

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2005 A/RES/60/123 (2005), OP4

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2004 A/RES/60/124 (2005), OP2

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2006 A/RES/61/133 (2006), OP4

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2006 A/RES/61/134 (2006), OP20

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2007 A/RES/62/94 (2007), OP24

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2007 A/RES/62/95 (2007), OP4 and OP 11 

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2008 A/RES/63/138 (2008), OP4

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2008 A/RES/63/139 (2008), OP25

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2009 A/RES/64/76 (2009), OP26

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2009 A/RES/64/77 (2009), OP4

UN General Assembly Resolution on Safety and security of humanitarian personnel and protection of United Nations personnel, 2010 A/RES/65/132 (2010), OP4

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 2010 A/RES/65/133 (2011), OP27

 

 

UN General Assembly Resolution on strengthening the coordination of humanitarian emergency assistance of the United Nations, 1991

Resource type: Normative Framework, United Nations General Assembly Resolutions

Date published: 19 December, 1991

resource details

“Under the aegis of the General Assembly and working under the direction of the Secretary-General, the high-level official would have the following responsibilities: …

(d) Actively facilitating, including through negotiation if needed, the access by the operational organizations to emergency areas for the rapid provision of emergency assistance by obtaining the consent of all parties concerned, through modalities such as the establishment of temporary relief corridors where needed, days and zones of tranquility and other forms;…”

“States whose populations are in need of humanitarian assistance are called upon to facilitate the work of these [Intergovernmental and non- governmental] organizations in implementing humanitarian assistance, in particular the supply of food, medicines, shelter and health care, for which access to victims is essential.”

 

“The United Nations should continue to make appropriate arrangements with interested Governments and intergovernmental and non-governmental organizations to enable it to have more expeditious access, when necessary, to their emergency relief capacities, including food reserves, emergency stockpiles and personnel, as well as logistic support…”

Issuing body: United Nations General Assembly

Symbol and paragraph: A/RES/46/182, OP35d ; A/RES/46/182, OP6 ; A/RES/46/182OP28

Agenda item: Strengthening of the coordination of humanitarian emergency assistance of the United Nations

See also:

United Nations General Assembly Resolution on strengthening of the coordination of humanitarian emergence assistance of the United Nations, 1993 A/RES/48/57 (1993), OP19

United Nations General Assembly Resolution on strengthening of the coordination of humanitarian emergence assistance of the United Nations, 1997 A/RES/51/194 (1997), PP12

United Nations General Assembly Resolution on international cooperation on humanitarian assistance in the field of natural disasters, from relief to development, 2010 A/RES/64/251(2010), OP14

United Nations General Assembly Resolution on international cooperation on humanitarian assistance in the field of natural disasters, from relief to development, 2011 A/RES/65/264 (2011), OP14

 

United Nations Convention on the Rights of the Child

Resource type: Normative Framework, International Human Rights Law

Date published: 20 November, 1989

resource details

“…States Parties shall provide… co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist [a refugee child or a child who is seeking refugee status]…”

Issuing body: United Nations General Assembly

Symbol and paragraph: Art. 22(2)

Agenda item: Right of refugee children to humanitarian access

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)

Resource type: Normative Framework, International Humanitarian Law

Date published: 8 June, 1977

resource details

“If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies… relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts…”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 70(1)

Agenda item: Protection of Civilians in Armed Conflict

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)

Resource type: Normative Framework, International Humanitarian Law

Date published: 8 June, 1977

resource details

“The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 70(2)

Agenda item: Protection of Civilians in Armed Conflict

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)

Resource type: Normative Framework, International Humanitarian Law

Date published: 8 June, 1977

resource details

“Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 71(1)

Agenda item: Protection of Civilians in Armed Conflict

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

Resource type: Normative Framework, International Humanitarian Law

Date published: 8 June, 1977

resource details

“If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 18(2)

Agenda item: Protection of Civilians in Armed Conflict

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all
religions, medical personnel and medical equipment on their way to such areas.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 17

Agenda item: Protection of Civilians in Armed Conflict

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 23

Agenda item: Protection of Civilians in Armed Conflict

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“[The International Committee of the Red Cross, the relevant National Red Cross (Red Crescent, Red Lion and Sun) Society, as well as other humanitarian organizations] shall be granted all facilities for [communication with
protected persons] by the authorities, within the bounds set by military or security considerations. “

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 30

Agenda item: Status and treatment of protected persons

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.

Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.

All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 59

Agenda item: Protection of Civilians in Armed Conflict

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“The distribution of the relief consignments shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.”

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 61

Agenda item: Protection of Civilians in Armed Conflict

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War

Resource type: Normative Framework, International Humanitarian Law

Date published: 12 August, 1949

resource details

“An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.”

 

Issuing body: International Committee of the Red Cross (ICRC)

Symbol and paragraph: Art. 3 (2)

Agenda item: Treatment of Prisoners of War