Legal Basis For Protection of Humanitarian Workers
The legal basis for protection of humanitarian workers in conflicts is contained in the Geneva Conventions of 1949 and the related Protocol of 1977. These treaties describe the category of civilian non-combatant and outline the rights and obligations of non-combatants during conflict. These rights include the right to be treated humanely; to have access to food, water, shelter, medical treatment, and communications; to be free from violence to life and person, hostage taking, and humiliating or degrading treatment; and the prohibition against collective punishment or imprisonment. Civilian non-combatants include local citizens and nationals of countries that are not party to the conflict.
While the Geneva Conventions guarantee protection for humanitarian workers, they do not guarantee access of humanitarian workers to affected areas: governments or occupying forces may, if they wish, ban a relief agency from working in their area. Médecins Sans Frontières was created in 1971 with the express purpose of ignoring this restriction, by providing assistance to populations affected by the Biafran civil war despite the prohibitions of the government of Nigeria.
In addition, the Geneva Conventions do not require that parties to the conflict guarantee the safety of humanitarian workers. The Conventions prohibit combatants from attacking non-combatants, and they require occupying forces to maintain general order. However, the Conventions do not require that combating parties provide security escorts, for example, when other factions threaten the safety of non-combatants operating in their area.
In 2003, the United Nations Security Council passed Resolution 1502 giving greater protection to humanitarian workers and treating attacks on them as a war crime.
Read more about this topic: Attacks On Humanitarian Workers
Famous quotes containing the words legal, basis, protection, humanitarian and/or workers:
“It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.”
—Henry David Thoreau (1817–1862)
“The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”
—Thomas Jefferson (1743–1826)
“We cannot spare our children the influence of harmful values by turning off the television any more than we can keep them home forever or revamp the world before they get there. Merely keeping them in the dark is no protection and, in fact, can make them vulnerable and immature.”
—Polly Berrien Berends (20th century)
“We have to ask ourselves whether medicine is to remain a humanitarian and respected profession or a new but depersonalized science in the service of prolonging life rather than diminishing human suffering.”
—Elisabeth Kübler-Ross (b. 1926)
“In former times and in less complex societies, children could find their way into the adult world by watching workers and perhaps giving them a hand; by lingering at the general store long enough to chat with, and overhear conversations of, adults...; by sharing and participating in the tasks of family and community that were necessary to survival. They were in, and of, the adult world while yet sensing themselves apart as children.”
—Dorothy H. Cohen (20th century)