INTERNATIONAL LAW

 Public international law (commonly referred to as “international law”) governs the relationship between entities with international legal personality: sovereign states and other international entities such as intergovernmental organizations and individuals. The legal personality assigned to these organizations means that they have rights, protections, duties and obligations in accordance with international law.

  What are the sources of international law?

 There are four important sources of international law, as defined in Article 38 of the Statute of the International Court of Justice:

 International conventions (treaties) establish written rules that are binding on states that have signed and ratified conventions. Treaties are contractual in nature between states and are governed by international law.

 International custom establishes unwritten rules binding on all states based on common practice. Their binding force is based on implied consent, as evidenced by:

• a nearly uniform government practice over time;
• a belief that such practice is a legal obligation (opinio juris).

 Thus, for rules to become part of customary international law, states must follow them, not out of convenience or habit, but because they feel they are obligated to do so by law.

 General principles of law recognized by civilized countries include peremptory norms (jus cogens), which cannot be derogated from - for example, the principles contained in the Charter of the United Nations prohibiting the use of force other than in self-defense. However, there is an ongoing debate as to which norms have received jus cogens status.

 The judgments and teachings of the most highly qualified publicists in different countries are auxiliary means for determining the rule of law. Although judicial decisions and scientific legal research are not sources of international law, they are considered important for the recognition of law, as well as for the interpretation and development of rules arising from treaties, customs and general principles of law.

 The first three of the above are recognized as the most important and well-established sources of international law. However, some states, academics and lawyers emphasize that judicial decisions, advisory opinions of the International Court of Justice and resolutions of the UN General Assembly (often classified as “soft law”) are gaining increasing influence on the development of law. In particular, it is argued that they play a role in the establishment of customary international law. For example, rulings by the International Court of Justice that certain treaty provisions in international humanitarian law have the status of customary international law have sometimes forced states that are not parties to the treaty to consider themselves bound by its obligations (Alvarez-Jiménez, 2011).

What disciplines of international law are relevant to humanitarian assistance?

 International humanitarian law is a discipline of international law based on considerations of humanity and the alleviation of human suffering. It includes a set of rules established by treaty or custom that are designed to protect persons and property / objects that are (or may be) affected by an armed conflict and restrict the rights of parties to a conflict to use the methods and means of warfare. their choice. He reported on the development of humanitarian principles for the provision of humanitarian assistance. See the sections of this guide “Overview of International Humanitarian Law and Humanitarian Principles and Humanitarian Assistance”. The latter deals with the provisions of international humanitarian law relating to the protection of civilians and the delivery of humanitarian assistance.

 International human rights law consists of a set of treaty or customary rules that set out the obligations and responsibilities of states to respect, protect and fulfill human rights. This allows individuals and groups to claim specific behavior or benefits from government. As will be discussed in the section on overlapping areas of law, international human rights law contains a number of provisions related to humanitarian assistance, including the right to life, the right to food and water, the right to essential medicines, health care and sanitation, the right to appropriate clothing and other essentials, and the right to equality and non-discrimination. Displaced persons who remain within their country's borders (referred to as internally displaced persons - IDPs) are not protected by international refugee law.

 However, in the event of an armed conflict, they can benefit from international human rights law and international humanitarian law. The Guidelines on Internal Displacement are a set of non-binding international standards, largely based on human rights standards, designed to provide protection and assistance to IDPs.

 International refugee law includes a set of treaty or customary rules with the aim of providing protection and assistance to persons crossing international borders and at risk or victims of persecution in their country of origin. The section of this guide on overlapping areas of law will discuss the links between IHL, IHRL and the protection of refugees and IDPs.

 International Criminal Law (ICL), a relatively new body of laws, prohibits certain categories of conduct considered serious atrocities (most notably war crimes, crimes against humanity and genocide) and seeks to prosecute individuals responsible for such conduct. It operates through ad hoc international tribunals, mixed tribunals, the International Criminal Court and national courts. ICL will be discussed in the Overlapping Areas of Law and Respect and Enforcement of Humanitarian Law sections.

 International Disaster Response Laws, Rules and Principles (IDRL) ​​is a new area of ​​activity aimed at expanding the international humanitarian base to cover humanitarian assistance to populations in the context of natural disasters. It aims to facilitate humanitarian assistance to persons who do not enjoy the protection of IHL, which is relevant only in situations of armed conflict. The IDRL rules are not based on the underlying treaty (or underlying treaties) but are drawn from a wide variety of sources - treaties, resolutions, declarations, codes, guidelines, protocols and procedures. The system is complex and fragmented, but some common themes have emerged: see the Emerging International Laws, Rules and Principles for Disaster Response.

Why is international law important to humanitarian organizations?

 The existence of different disciplines and sources of international law relevant to humanitarian protection and assistance creates a comprehensive framework applicable to a range of circumstances. International humanitarian law has laid the foundation for basic humanitarian principles such as humanity and impartiality. In this way, it can provide insight into the principles of humanitarian assistance that humanitarian organizations rely on, or increase their weight. These actors include not only direct providers of care, but also local groups and communities that advocate for better care.

 Many of the challenges addressed in the IHL treaties continue to reflect the challenges faced by humanitarian organizations today. For example, IHL has addressed the imbalance of power in an armed conflict due to the diversion and/or misuse of humanitarian assistance by parties to the conflict. Limited access to populations in need in situations of armed conflict also remains a key issue. Negotiations and arguments for access can be reinforced by reference to specific international legal obligations of parties to a conflict to allow access (based on IHL, IHRL or other rules of international law). These various provisions will be discussed in the Humanitarian Principles and Humanitarian Assistance. Understanding the different legal disciplines and their relevance and applicability to a specific situation allows you to strengthen your position and advocate for the protection and assistance of people in need. However, the success of such legal strategies depends on the context and a number of other factors.