The Right to Humanitarian Exigency as a Human Right under International Law

Hostility has generated unabated humanitarian crises threatening life and human dignity worldwide. The experience of the First and Second World Wars caused immense suffering to human beings, particularly the civilian population. The continuous practice of cutting off relief materials during emergencies constitutes a gross deprivation of human rights and a breach of humanitarian law. The Rome Statute, the Geneva Conventions, and other instruments are not consonant with this insidious method employed by state actors in repressing their opponents; rather, they condemn it in its entirety. This research adopts the doctrinal method, and it has been discovered that the practice of siege is traceable to antiquity, where strength was measured by the ability of a warring party to lay siege upon its opponent. Contemporary times have not improved significantly in terms of abandoning this archaic and unconscionable method of warfare. The practice of disallowing relief materials and other forms of humanitarian access has been clearly observable in modern warfare — in Syria, Gaza, Yemen, and elsewhere. The right to life, the right to food, and the right to health are fundamental exigencies in any armed conflict and must not be rendered inaccessible to any of the warring parties. The aim of this research is to cultivate a culture of human dignity and conservation upon which humanity depends, and to underscore the transient nature of conflicts by promoting understanding and diplomacy as guiding principles in hostilities. This research recommends the urgent need for humanitarian access to war-torn zones to save lives and protect the civilian population, and further recommends that the various human rights bodies and humanitarian protection agencies activate their powers to ensure that offenders and violators of humanitarian law are held to account. 

Keywords: Humanitarian Law, ICCPR, Human Rights, International Law.

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