Legal Challenges in the Provision of Humanitarian Assistance: The Case of Non-international Armed Conflicts

Abstract

In the twenty-first century, non-international armed conflicts have become increasingly common. Such conflicts are often characterized by large-scale humanitarian crises, leading to calls by the international community for the provision of assistance. Yet, the factual provision of assistance in such conflicts is not without legal challenges, in particular related to the role of both the state sovereign and that of non-state actors. Obstruction of access to emergency aid by parties to the conflict, depriving those in need of assistance, may lead to legal enforcement issues. This chapter will address such current issues and offer some solutions in existing international law to ensure protection for those in need.