“[A]ll humanitarian actors share responsibility for ensuring that activities in each cluster and other areas of the humanitarian response are carried out with “a protection lens”. Each of the Cluster Working Groups and Cluster Leads227 are responsible for ensuring that… activities carried out under their cluster responsibility do not lead to or perpetuate discrimination, abuse, violence, neglect or exploitation”.228
IHRL and IHL standards offer a foundation for principled and rights-based engagement in humanitarian operations. These international legal frameworks establish the legal basis for the protection of individuals during crises, while humanitarian principles translate these obligations into practice by guiding humanitarian assistance in a neutral, impartial, and humane manner. Together, this tapestry of norms and standards ensure that humanitarian actors uphold respect for human dignity, avoid harm, and provide assistance in a way that respects and reinforces the rights and protections guaranteed under international law. Adherence to the norms enshrined in these frameworks may also serve to strengthen the credibility and effectiveness of humanitarian NGOs.
Humanitarian principles are the ethical and operational foundations of humanitarian action globally. Outlined in instruments such as UN General Assembly Resolution 46/182229, the Code of Conduct for the Red Cross and NGOs230, the Sphere Handbook231, the Core Humanitarian Standard on Quality and Accountability232, and the Grand Bargain.233 These principles enshrine a commitment to act as impartially as possible, based on human need alone, to ensure that humanitarian assistance is provided without discrimination to all those in need, and that the essential elements of relief are fulfilled. Adherence to these principles enables humanitarian organizations to maintain access to affected populations, reduce operational risks, preserve human dignity, and engage with various stakeholders in a principled manner.234
While humanitarian principles stand as independent foundational elements of humanitarian action, humanitarian actors simultaneously carry obligations that may overlap with IHL and IHRL frameworks.
These four founding principles – humanity, neutrality, impartiality, and independence – are widely known and endorsed by the United Nations General Assembly.235 They guide humanitarian agencies to help those most in need, and seek to protect and fulfill the dignity of human beings in grave distress and danger:
- Humanity: in helping victims of war or natural disasters, protecting life and health and ensuring respect for human beings.236
- Neutrality: Staying neutral in war or abstaining from political, racial, religious or ideological controversy.237
- Impartiality: Providing aid solely based on need, without discrimination.238
- Independence: Maintaining autonomy from political, economic, military, or other non-humanitarian objectives.239
These principles, by guiding action, can help humanitarian actors navigate complex and volatile contexts. While they exist independently of other frameworks, humanitarian actors may simultaneously need to respect both these principles and their obligations under human rights standards and IHL frameworks in humanitarian action.
‘Do No Harm’ framework: #
The ‘Do No Harm’ principle240 serves as a fundamental ethical framework in humanitarian action that recognizes humanitarian interventions can inadvertently cause harm even while intending to help. This framework acknowledges that aid is not neutral in conflict settings – it becomes part of the context and can either strengthen or weaken local dynamics.241
The framework requires humanitarian actors to:
- Conduct thorough contextual analysis before and during interventions
- Identify and analyze:
- Factors that divide communities or create tensions
- Elements that connect communities and support peace
- How aid programs interact with these factors
- Continuously assess program impacts and adjust interventions accordingly.242
Through this systematic approach, organizations can better anticipate, prevent, and minimize potential negative consequences of humanitarian assistance while maximizing positive impacts on affected communities.243
Applying the ‘Do No Harm’ approach to the work in Northwest Syria not only aligns with humanitarian actors’ responsibility to respect IHRL and IHL standards and implement Heightened HRDD, but it also better positions humanitarian NGOs to deliver aid effectively while also avoiding harmful consequences.
Accountability to Affected Populations #
Accountability to Affected Populations (AAP) – which in humanitarian settings is defined as “an active commitment by humanitarian actors to use power responsibly by taking account of, giving account to, and being held to account by the people they seek to assist”244 – views the power discrepancy between donors and aid beneficiaries as a problem to be addressed. It grounds itself in the idea that those who receive or benefit from humanitarian aid should play a meaningful role in the way they are assisted, within the limits imposed by an emergency, and should be able to defend their interests and rights.
Central to this is the Collective AAP Framework developed by the Inter-Agency Standing Committee (IASC) to guide humanitarian actors to implement AAP principles across the various cycles of their projects. The framework states that humanitarian actors should “seek out, hear, and act upon the voices and priorities of affected communities.”245
Key elements of AAP include, inter alia, enabling meaningful participation of affected communities in decision-making processes, providing transparent and timely information to communities, and gathering feedback through accessible mechanisms.
In Northwest Syria, implementing AAP principles is particularly crucial given the complex and protracted nature of the crisis. Humanitarian NGOs should strive to integrate AAP throughout their project cycles, ensuring that affected populations have a voice in the decisions that impact their lives and that assistance is delivered in a manner that respects their rights and dignity.
227. The humanitarian coordination system in Northwest Syria operates through specialized clusters, each focusing on specific sectors such as Health, Food Security, Protection, WASH (Water, Sanitation and Hygiene), Education, and Shelter. Each cluster is led by designated UN agencies or international NGOs that coordinate the humanitarian response within their respective sectors. For example, WHO typically leads the Health cluster, while UNICEF often leads Education and WASH clusters. These clusters meet regularly to coordinate activities, share information, and ensure effective humanitarian response delivery.
228. Inter-Agency Standing Committee Working Group, ‘Progress Report’ (IASC WG 2005).
229. UNOCHA, UNGA Res 46/182 ‘Strengthening of the coordination of humanitarian emergency assistance of the United Nations’, (1991), available at <https://www.unocha.org/sites/unocha/files/dms/Documents/120402_OOM-46182_eng.pdf>
230. For more information: IFRC, Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief, (1994), available at <https://www.ifrc.org/document/code-conduct-international-red-cross-and-red-crescent-movement-and-ngos-disaster-relief>
231. For more information, see Sphere, The Sphere Handbook, (2018), available at https://spherestandards.org/handbook/
232. For more information, see Core Humanitarian Standard, Core Humanitarian Standard On Quality And Accountability, (2024), available at <https://www.corehumanitarianstandard.org/_files/ugd/e57c40_f8ca250a7bd04282b4f2e4e810daf5fc.pd>
233. For more information, see The Grand Bargain, The Grand Bargain (Official Website), available at <https://interagencystandingcommittee.org/grand-bargain>
234. Kate Mackintosh, ‘The Principles of Humanitarian Action in International Humanitarian Law’, (2000), available at <https://www.cmi.no/file/1865-The-Principles-of-Humanitarian-Action-in-International-Humanitarian-Law.pdf>
235. UNOCHA, UNGA Res 46/182 ‘Strengthening of the coordination of humanitarian emergency assistance of the United Nations’ (1991) available at <https://www.unocha.org/sites/unocha/files/dms/Documents/120402_OOM-46182_eng.pdf>; OCHA, OCHA on Message: Humanitarian Principles (2022) available at <https://www.unocha.org/publications/report/world/ocha-message-humanitarian-principles-enar>
236. International Committee of the Red Cross, ‘The Fundamental Principles of the International Red Cross and Red Crescent Movement’, (2015) available at <https://www.icrc.org/sites/default/files/topic/file_plus_list/4046-the_fundamental_principles_of_the_international_red_cross_and_red_crescent_movement.pdf>
237. See, e.g., Hans Haug, ‘Neutrality as a Fundamental Principle of the Red Cross’ in Humanity for All: The International Red Cross and Red Crescent Movement, (Henry Dunant Institute/Paul Haupt Publishers, Berne/Stuttgart/Vienna, 1993) p. 461-464.
238. International Federation of Red Cross and Red Crescent Societies, ‘Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief’ (1994) available at <https://www.ifrc.org/document/code-conduct-international-red-cross-and-red-crescent-movement-and-ngos-disaster-relief>
239. ED Schenkenberg, ‘The Challenges of Principled Humanitarian Assistance’ (2016) 97 International Review of the Red Cross 295.
240. Mary B Anderson, Do No Harm: How Aid Can Support Peace Or War (Lynne Rienner Publishers 1999).
241. CDA Collaborative Learning Projects, The “Do No Harm” Framework for Analyzing the Impact of Assistance on Conflict: A Handbook (2004) available at <https://www.cdacollaborative.org/wp-content/uploads/2016/01/The-Do-No-Harm-Framework-for-Analyzing-the-Impact-of-Assistance-on-Conflict-A-Handbook.pdf>
242. Mary B Anderson and Peter J Woodrow, Rising from the Ashes: Development Strategies in Times of Disaster, (Lynne Rienner Publishers 1998).
243. Marshall Wallace, From Principle to Practice: A User’s Guide to Do No Harm, (2015), available at <https://www.principletopractice.org/wordpress/from-principle-to-practice/>
244. International Organization for Migration, Accountability to Affected Populations Framework, (2019), available at <https://publications.iom.int/books/accountability-affected-populations-framework#:~:text=The%20Accountability%20to%20Affected%20Populations,its%20Migration%20Crisis%20Operational%20Framework>
245. Inter-Agency Standing Committee, ‘The Inter-Agency Standing Committee’, available at <https://interagencystandingcommittee.org/the-inter-agency-standing-committee>