State Consent as Barriers for Humanitarian Assistance in Armed Conflict

Abstract

The emergence of new actors as subjects of international law presents a new challenge in the application of humanitarian law. During armed conflict, the civilian population is not a party to the war and must therefore be protected. One of the forms of protection that must be applied is the provision of humanitarian assistance. The issue of the provision of humanitarian assistance in situations of armed conflict is contingent upon the concept of state sovereignty. This article will examine the relationship between humanitarian assistance and sovereignty, as well as the obstacles to state consent to provide humanitarian assistance in international armed conflicts. In order to address this issue, this article presents a comprehensive explanation based on a normative and case-specific approach to the legal framework governing corporations in international law, with a particular focus on humanitarian law. This article posits a contradiction between the principle of subsidiarity, which stipulates that the primary obligation to provide humanitarian assistance to civilians in situations of armed conflict must be fulfilled by the party involved in the conflict, and the obstacles encountered in the provision of humanitarian assistance, which can be attributed to bureaucratic processes, blockades or restrictions, and political and military considerations.