A/HRC/42/CRP.1
considered as an international humanitarian law violation, it has to be used as a strategy to
defeat the other party to the conflict. Within the scope of military operations, the
prohibition of starvation may be violated by siege-like warfare, the arbitrary denial of
access of humanitarian aid to civilians in need, as well as by attacking objects indispensable
to the survival of the population.
742. The link between the prohibition on starvation and the prohibition of attacks on
objects indispensable to the survival is demonstrated by the fact that both prohibitions
appear in the same respective provisions of the Additional Protocols.1186 They are also
linked to provisions related to humanitarian access because, when there is a lack of
indispensable objects, parties must authorize and facilitate international relief actions, 1187 as
long as they comply with the requirements set by the law, in order to fulfil their obligations
enshrined in Article 14 of Additional Protocol II. Military necessity cannot be invoked to
justify the starving of the civilian population. Hence, other violations of international
humanitarian law can constitute violations of the prohibition of starvation, in particular
attacks against objects indispensable to the survival of the population, as well as denial of
humanitarian access.
743. The scope of the requirement for intent to starve the civilian population has been the
subject of different interpretations. Some say that starvation has to be the primary purpose
of an operation in order to violate international humanitarian law, while others argue that
even if the resulting starvation is only incidental, it still violates the spirit of international
humanitarian law.1188
744. As regards attacks against objects indispensable to the survival of the population,
based on the wording of both relevant provisions in Additional Protocols I and II, 1189 a
broader intent to starve a population is not necessary when the operations deprive the
population of objects essential to its survival “for the specific purpose of denying them of
their sustenance value to the civilian population or to the adverse Party, whatever the
motive”.1190 The wording of Article 54 of Additional Protocol I implies that it is sufficient
to have an intention to damage, destroy or remove the object in order to deprive civilians of
its sustenance value, i.e. its specific contribution to the survival of the population.
745. A similar reasoning applies when humanitarian relief is deliberately impeded, with
the result of starving the population. Indeed, parties to the conflict must allow and facilitate
rapid and unimpeded passage of humanitarian relief for civilians in need, provided the
relief is impartial and humanitarian in character and subject to the parties’ right of
control.1191 The withholding of consent to humanitarian access that leads to starvation is
considered arbitrary, hence unlawful.1192
746. For siege-like warfare, as well as blockades, the determination with respect to the
purpose is less straight forward and subject to debate among scholars and practitioners. 1193
1186
Art. 14 Additional Protocol II, Art. 54(2) Additional Protocol I.
Art. 18 Additional Protocol II, Art. 70(2) Additional Protocol I.
1188 See for example Mark Lattimer, “Can Incidental Starvation of Civilians be Lawful under IHL?”,
March 2019, EJIL:Talk!, Blog of the European Journal of International Law
(https://www.ejiltalk.org/can-incidental-starvation-of-civilians-be-lawful-under-ihl/).
1189 Art. 14 Additional Protocol II, Art. 54(2) Additional Protocol I.
1190 Art. 54(2) Additional Protocol I; although Article 14 of Additional Protocol II contains less
details than Article 54 of Additional Protocol I, the respective ICRC commentary of 1987 to both
provisions suggests a similar interpretation.
1191 Art. 18 Additional Protocol II; see ICRC Study on customary IHL, rule 55.
1192 See Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of
Armed Conflict, Commissioned by the United Nations Office for the Coordination of Humanitarian
Affairs, p. 23-24. (https://www.unocha.org/sites/unocha/files/Oxford%20Guidance%20pdf.pdf); see
also ICRC Study on customary IHL, rule 55 (on Consent).
1193 As suggested by Beth Van Shaack, “Siege Warfare remains lawful under contemporary law so
long as it is directed only at combatants and those directly participating in hostilities, and only in so
far as other provisions of the law are adhered to – a major challenge when both combatants and
civilians depend on the same necessities”, in “Siege Warfare and the Starvation of Civilians as a
Weapon
of
War
and
War
Crime”,
Just
Security,
4
February
2016
1187
178
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