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Maria Giovanna Pietropaolo

international law, section two identifies the human rights framework that is specifically relevant today in post-disaster situations on the basis of the so-called “component rights of the right to humanitarian assistance”, namely the right to life, food, health and medical services, water, adequate housing and

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Edited by Philipp Ambach, Frédéric Bostedt, Grant Dawson and Steve Kostas

This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
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Tørris Jæger

actors do not reach all those in need. From a Red Cross perspective, it is both necessary and possible to single out humanitarian action based on neutrality, impartiality and independence with a view to gaining and maintaining access to all those with a need and right to humanitarian assistance and

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Emilie E. Kuijt and Stefanie Jansen-Wilhelm

of Oxford), Katharine Fortin (University of Utrecht), and Dr. Ebrahim Afsah (University of Copenhagen) addressed the developments taking place within the field. First, Emilie Kuijt discussed the potential emergence of a right to humanitarian assistance and its provision in times of a humanitarian

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Dug Cubie

impressive response – in 2008 an estimated US$7 billion was provided globally in humanitarian assistance including food, shelter and medical care. 7 Yet despite international law recognising a limited right to humanitarian assistance for civilians in armed conflicts in the 1949 Geneva Convention IV

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Harry H.G. Post

treaty law and under customary law a right to humanitarian assistance can be identified, not even such a basic right can be found in human rights law (Annalisa Creta in chapter 15). In the same Part on the human rights dimension, Emanuele Sommario in that respect draws attention to the derogation clauses

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Boris Kondoch

crime only if the perpetrator intended to starve a civilian population as a method of warfare. On the basis of these two regulations, it may be con- cluded that the prohibition on starvation requires a subjective element. 6.3.1.2. Right to Humanitarian Assistance If starvation is strictly forbidden as a

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Angelica Fanaki

relates to the inadequacy in its text to attach specific rights to the victims, such as the right to humanitarian assistance or the role of third actors of the international community. In addition, it has been argued that many aspects of disaster response are highly technical, requiring a specialized

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Nylund

Convention on the Rights of the Child is the only legally binding instrument to mention a right to humanitarian assistance in its provisions. Although Article 22 only refers to refugee chil- dren, it can be considered progressive law-making because of its provision on humanitarian assistance. But it is never

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followed by two essays concerning: first, the reasons for humanitarian intervention by Ielbo Marcus Lobo de Souza , 94 and second, the human rights grounds of the right to humanitarian assistance by Alberto do Amaral Júnior . 95 Then, Sonia Picado Sotela points in her remarks to the universality of the