Humanitarian principles and international humanitarian law

1What is humanitarian action?

Humanitarian action aims to save lives, alleviate suffering and maintain human dignity during and after crises: armed conflicts, natural disasters, epidemics, food crises, population displacement.

It is distinct from development aid (long-term change, working with institutions) and from peace efforts. In protracted crises, the aim is to link the three more effectively: this is known as the humanitarian-development-peace “nexus” approach.

2The four humanitarian principles

Adopted by the United Nations General Assembly (resolutions 46/182 of 1991 and 58/114 of 2004) and derived from the principles of the Red Cross Movement:

• Humanity: human suffering must be addressed wherever it is found; the dignity of every person is respected.
• Neutrality: not taking sides in hostilities or engaging in controversies of a political, racial, religious or ideological nature.
• Impartiality: aid is provided on the basis of need alone, giving priority to the most urgent cases, without discrimination.
• Independence: humanitarian action remains autonomous from political, economic or military objectives.

These principles are not abstract: they make it possible to be accepted by all parties and therefore to gain access to people in need.

3International humanitarian law (IHL)

IHL, or the law of armed conflict, limits the effects of war. Its main sources are the four Geneva Conventions of 1949 and their Additional Protocols, as well as customary law. The ICRC is its guardian.

• Distinction: the parties must at all times distinguish between combatants and civilians, and between military objectives and civilian objects.
• Proportionality: an attack is prohibited if the expected civilian harm is excessive in relation to the military advantage.
• Precaution: take all feasible measures to spare civilians.
• Protection of the wounded, the sick, prisoners, medical personnel and facilities, and humanitarian personnel.
• The parties must allow and facilitate the rapid passage of impartial humanitarian relief for civilians (subject to their right of control).

IHL applies to armed conflicts. Human rights apply at all times, and refugee law (1951 Convention) protects people who have fled their country. People displaced within their own country are covered by the 1998 Guiding Principles.

4Everyday dilemmas

Applying the principles requires judgement. Common examples:

• An armed group demands a “tax” on aid to let the trucks through.
• An authority wants to choose the list of beneficiaries itself.
• The army offers an escort or to distribute aid with you.
• A donor wants to restrict aid to certain groups for political reasons.

In each case, ask yourself: does the decision respect needs (impartiality), does it keep our distance from the parties (neutrality, independence), and does it protect our long-term acceptance? These decisions are taken as a team and with management, never alone.