Page 78 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
a political strategy. For example, dropping of 25 tons of food
25
parcels to the northern Sri Lanka in 1987 by the Indian forces is
viewed as political a strategy.
26
Is Offering Humanitarian Assistance A Mandatory
Obligation?
It is evident from the above discussion that the provisions of
humanitarian assistance during armed conflicts is expressly provided
in some key international IHL treaties. Although, some critics argue
that those provisions do not caste mandatory obligations on the parties
to conflicts, it is now widely accepted that the commitment of States
to ensure respect for IHL is mandatory on the following grounds. 27

(a) International Human Rights law and IHL are applicable to both
international and non-international conflicts.
(b) State commitments to oblige are derived from the conventional
and customary laws including customary international rules.
(c) States that are directly affected and other States are bound under the
factors in (a) and (b) above to provide humanitarian assistance to
the affected parties including the civilians.
(d) States are bound to be liable in relation to grave breaches and
other violations. Denial of humanitarian assistance is considered
as grave breach.
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25 Devon Curtis, ‘Politics and Humanitarian Aid: Debates, Dilemmas and Dissension HPG
Report’ (2001) <https://www.files.ethz.ch/isn/36070/hpgreport10.pdf>.
26 Nilova Roy, ‘Indian Air Force Drops Supplies to Sri Lankan Tamils’ (Washington Post 5
June 1987)<https://www.washingtonpost.com/archive/politics/1987/06/05/indian-air-force-
drops-supplies-to-sri-lankan-tamils/d7bbdbe0-0103-42c9-9b7f-689b7a2fab3e/>accessed
14 February 2024.
27 Ruth Abril Stoffels, ‘Legal Regulation of Humanitarian Assistance in Armed Conflict:
Achievements and Gaps’ (2004) 86 Revue Internationale de la Croix-Rouge/International
Review of the Red Cross 515 <https://www.icrc.org/en/doc/assets/files/other/irrc_855_
stoffels.pdf>.
28 Jean Ziegler, ‘Report by the Special Rapporteur on the Right to Food, Submitted in
Accordance with Commission on Human Rights Resolution 2001/25’ (2002) <http://www.
righttofood.org/wp-content/uploads/2012/09/ECN.4200258.pdf>.
law.faculty@kdu.ac.lk
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