Upholding Respect for Humanitarian Services
The issue
As more armed conflicts are considered counterterrorism contexts, States are adopting measures to suppress terrorism that impair humanitarian and medical activities.
What’s at stake
Humanitarian relief to and protection for people affected by armed conflict, as well as medical care and attention for the wounded and sick.
A possible response
States could develop systems — grounded in respect for international law — to take into account the potential effects of counterterrorism measures on humanitarian and medical activities in armed conflicts.
The Law Matters
States are required to respect and ensure respect for numerous legal protections for humanitarian and medical activities.
The U.N. Security Council
What is it?
The world’s preeminent body charged with maintaining or restoring international peace and security.
What did it do?
In two resolutions adopted in 2019, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). It also demanded that States comply with their IHL obligations while countering terrorism.
Why does it matter?
U.N. Members are legally required to accept and carry out the Security Council’s decisions. Over the last two decades, the Council has decided that States must take several steps to prevent, suppress, and prevent terrorism. Now, the Council recognizes that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities). To help address that concern, the Council is urging States to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Moreover, States are also required to respect and ensure respect for IHL obligations concerning humanitarian and medical services.
The bottom line
Devising and executing a “take into account” system provides a State significant opportunities to both safeguard humanitarian and medical activities and counter terrorism, all while fostering greater respect for international law.
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About
At the Harvard Law School Program on International Law and Armed Conflict, we research several contemporary challenges concerning how international law secures peace, governs armed conflicts, and protects civilians.