Page 76 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Two cardinal principles of IHL are (a) humanity and (b) the military
necessity. The essence of the first principle is that at every stage of war
parties must take all possible precautions to minimize the suffering to
combatants and civilians. Second principle is based on the archaic
16
concept of jus ad bellum. It means that states have a right to wage war
but it is accepted now in self-defense situations only. However, there
exists substantial amount of ambiguity as to the real meaning of “self-
defense situations.”
17
The notion of “humanitarian aid” is a multidimensional concept. In
common parlance, it means the provision of assistance or aid in the nature
of food, shelter, medical and other facilities in times of war to the affected
parties. Similar notions are ‘humanitarian interventions,” “humanitarian
action,” “war aid” etc. The legality on the provision of “humanitarian
assiatance or aid” can be traced to multiple legal instruments such as
Common Article 3 of the Four Geneva Conventions and other specific
IHL treaties as given below;
a) Articles 23 and 59 of the Fourth Geneva Convention of 1949.
b) Customary International Humanitarian Law Rule 53- prohibits
starvation as a method of warfare. 18
c) Article 14 and 69-71 of the Additional Protocol I -state the duty
to ensure medical and other needs to the civilian population.
19
d) Article 54(1) of the Additional Protocol I- prohibits starving,
16 Ibid
17 Shunyao Ye, ‘Research on the Right of Self-Defense from the Perspective of International
Law’ (2023) 5 Lecture Notes in Education Psychology and Public Media 844 <https://
www.researchgate.net/publication/371403445_Research_on_the_Right_of_Self-Defence_
from_the_Perspective_of_International_Law> accessed 16 March 2024., Christine Chinkin
and Mary Kaldor, ‘Self-Defense as a Justification for War: The Geo-Political and War on
Terror Models’ [2017] International Law and New Wars 129 <https://www.cambridge.
org/core/books/international-law-and-new-wars/selfdefence-as-a-justification-for-war-
the-geopolitical-and-war-on-terror-models/9338749E5B4FB77BDB17E4CE68D4239A>
accessed 17 March 2024.
18 Jean-Marie Henckaerts and others, Customary International Humanitarian Law. Volume
I, Rules (Cambridge University Press 2009).
19 ‘Limitations on Requisition of Civilian Medical Units’ (Icrc.org 2023) <https://ihl-
databases.icrc.org/en/ihl-treaties/api-1977/article-14>.
law.faculty@kdu.ac.lk
69