As discussed above, humanitarian workers and organizations have a responsibility to respect international law, including IHRL and IHL. Failing to comply with these international standards not only risks potential legal liability but can also limit access to affected communities.49 Equally important, violations of human rights and humanitarian principles, along with environmental harm, directly impact the communities that humanitarians aim to support, potentially reversing progress and undermining the very goals of humanitarian operations. A solid understanding of the applicable international legal frameworks is essential for rights-based and risk-informed decision-making, particularly in complex conflict-affected settings.
While IHL serves as the primary legal framework governing conduct during armed conflicts, IHRL remains applicable in these contexts as well.50 Both bodies of law must be respected by actors operating within conflict-affected contexts.
This section outlines the relevant international legal frameworks that actors in the humanitarian field should respect.
1. International Human Rights Law #
“All human beings are born free and equal in dignity and rights” – Article 1 of the Universal Declaration of Human Rights51
International human rights law is primarily enshrined in the Universal Declaration of Human Rights (UDHR)52, the International Covenant on Economic53, Social, and Cultural Rights (ICESCR)54, and the International Covenant on Civil and Political Rights (ICCPR)—collectively referred to as the International Bill of Rights. The recognition of rights may also come about through UN Human Rights Council Resolutions55 and UN General Assembly Resolutions.56
IHRL traditionally divides human rights into two ‘sets’: economic, social, and cultural rights on the one hand, and civil and political rights on the other. The former category includes, for example, the right to health and the right to adequate housing, while the latter encompasses the right to life and the right to equality and non-discrimination. All human rights, however, are interdependent and indivisible—this is a fundamental principle underpinning IHRL. In other words, one set of rights cannot be fully enjoyed without the other. If one is deprived of the right to food, for instance, one cannot fully enjoy the right to life; the deprivation of an economic and social right results in the deprivation of a civil and political right. Conversely, one’s right to freedom from inhuman or degrading treatment may be infringed by the denial of their right to water and sanitation. As such, in the design and implementation of any humanitarian operation, it is important to examine the multifaceted ways in which partner communities’ human rights may be impacted. Below is an outline of some of the most relevant human rights norms for aid organizations:
A. Economic & Social Rights #
- The right to an adequate standard of living (ICESCR Art. 11): includes, but is not limited to, the rights to:
- adequate food
- adequate housing
The right to adequate food
The human right to adequate food is crucial for the enjoyment of all rights.57 The UN Committee on Economic, Social, and Cultural Rights (CESCR) affirmed that the right to adequate food is “indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfillment of other human rights”.58 This right is realized, according to the CESCR, “when every man, woman, and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement”.59 As such, the right to adequate food should not be interpreted restrictively by equating it with a minimum number of calories or nutrients.60
The core content of the right to adequate food comprises:61
- The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;
- The accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights
The right to adequate food may be impacted by environmental damage and degradation. For example, destroying agricultural land impairs the enjoyment of the right to food, especially for land users. Humanitarian NGOs may infringe on this right by, for example, building shelters or residential complexes on agricultural land.
The right to adequate housing
The human right to adequate housing is also essential for the enjoyment of all rights, including the right to work, health, and education.
The right to housing should not be interpreted in a narrow or restrictive sense which confines it simply to, for instance, a roof over one’s head.62 Rather, the right should be interpreted expansively to mean the right to live somewhere in security, peace, and dignity. This is on the basis that “the inherent dignity of the human person” is a fundamental premise from which the rights of the Covenant derive.63
Relatedly, the concept of adequacy is a central component of this right. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have elaborated: “Adequate shelter means…adequate privacy, adequate space, adequate security, adequate lighting and ventilation, [and] adequate basic infrastructure”.64 Adequacy also comprises the possession of “a degree of security of tenure which guarantees legal protection against forced eviction, harassment, and other threats”.65
The provision of shelter per se, therefore, may not meet the standards of the right to adequate housing. This may particularly be the case in IDP camps, which are often overcrowded and dilapidated.66 This in turn may negatively impact safety and sanitation, for example, affecting in particular women and girls.
- Right to own property (Art. 17 UDHR, Art. 15(2) and 16(1)(h) CEDAW, Art. 12(5) of CRPD)
The right to property is inherently linked to other human rights, including the right to equality and non-discrimination. Pursuant to the UDHR:
- Everyone has the right to own property alone as well as in association with others.
- No one shall be arbitrarily deprived of his property.67
Under the Convention on the Elimination of Discrimination Against Women, women enjoy “equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals”. 68The Convention also stipulates that women shall be ensured, on the basis of equality of men and women, the same rights as their spouses with respect to “the ownership, acquisition, management, administration, enjoyment and disposition of property”.69
Women’s rights to property are essential for realizing their rights to equality and to an adequate standard of living, among many other rights.70 The realization of these rights supports their independence and autonomy, and enables them to provide for their families. Denial of these rights has major implications for women’s enjoyment of the right to equality, health, food, housing, water, among others.
Persons with disabilities are also accorded specific protections with respect to their rights to property. Under the Convention on the Rights of Persons with Disabilities, the equal right of persons with disabilities to own or inherit property and to control their own financial affairs must be ensured.71 Persons with disabilities must also be protected against arbitrary deprivations of their property.72
Further, Principle 21(3) of the UN Guiding Principles on Internal Displacement states: “Property and possessions left behind by internally displaced persons should be protected against destruction and arbitrary and illegal appropriation, occupation or use”.73 The right to property may inadvertently be abused in cases of land requisition for the purposes of building shelters, particularly when proper human rights due diligence is not carried out to ascertain property ownership.
- Right to water and sanitation (Art. 11(1) ICESCR/UNGA Res 64/292)
The human right to water is enshrined in Article 11(1) of the ICESCR.74 Although the provision lacks an explicit reference to water, the CESCR has elaborated that “the right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival”.75 The human rights to water and sanitation were also recognized by the UN General Assembly in Resolution 64/292 “as a human right that is essential for the full enjoyment of life and all human rights”.76
As the CESCR expounded, the “human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses”.77 The right to water encompasses “the right to be free from arbitrary disconnections or contamination of water supplies”.78
When it comes to low quality IDP housing, for example, there is a high risk of water scarcity resulting from these projects.79 This is due to the fact that the demands of construction place significant pressure on water resources in areas that already suffer from water shortages, further impairing affected communities’ right to adequate water and sanitation.
- Right to health (Art. 12 ICESCR; Art. 25 CRPD)
Article 12 of the ICESCR enshrines the right to the highest attainable standard of physical and mental health, as is conducive to living a life in dignity, is fundamentally connected to all other human rights. Persons with disabilities, pursuant to Article 25 of the Convention on the Rights of Persons with Disabilities (CRPD), are also entitled to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.80
The CESCR explains that this right should not be understood simply as the right to be healthy.81 Rather, it contains freedoms and entitlements, encompassing a broad spectrum of socio-economic factors that create conditions for individuals to lead healthy lives. This right also includes essential determinants of health, such as access to food and nutrition, housing, safe drinking water, proper sanitation, healthy working conditions, and a healthy environment.82
According to the CESCR, “[t]he freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from non-consensual medical treatment. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health”.83
Health facilities, goods, and services must be accessible to all, especially the most vulnerable or marginalized groups, without discrimination.84 “All health facilities, goods, and services must be respectful of medical ethics and culturally appropriate”.85 In other words, they must be respectful of the culture of individuals, minorities, and communities, sensitive to gender and life-cycle requirements, as well as respectful of confidentiality.86
Furthermore, health facilities, goods and services must also be scientifically and medically appropriate and of good quality.87 This requires, inter alia, skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation.88
Humanitarian NGOs risk abusing the right to health by, for example, providing low quality healthcare, medical partiality, or inequitably distributing medicines or vaccines. The right to health may also be adversely impacted by environmental harm, which may be posed by inadequate sewage systems or unsustainable waste disposal practices. IDPs living in formal and informal settlements risk contracting infectious diseases due to the lack of operational wastewater networks.89
- Right to development (Art. 1(1) ICESCR/ICCPR)
Both Articles 1(1) of the ICCPR and the ICESCR respectively state: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”.90
The 1986 Declaration on the Right to Development further affirms that the right to development is “an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development”.91
The UN Special Rapporteur on the right to development has elaborated that the right comprises three elements and four facets.92 The three elements are the ability of human beings to “participate in”, “contribute to”, and “enjoy” the right to development. The four facets are: economic, social, cultural, and political development. Pursuing these four facets together provides a pathway to realizing all human rights and fundamental freedoms. In addition, one can derive four overarching principles of the right to development from the 1986 Declaration and other relevant instruments: self-determination, intersectionality, intergenerational equity and fair distribution.93
Environmental degradation poses considerable risks to the enjoyment of the right to development by depleting resources critical for livelihoods and sustainable growth. In Syria, years of conflict have exacerbated environmental damage, with widespread deforestation, contamination of water sources, and the destruction of agricultural land, limiting recovery and sustainable development. These issues disproportionately affect displaced communities, whose reliance on natural resources for income and sustenance is vital, further entrenching poverty and inequality. Additionally, climate change impacts, such as prolonged droughts, intensify these challenges, hindering the country’s ability to rebuild equitably.
As such, the 1992 Rio Declaration on Environment and Development states that individuals and communities should have appropriate access to information concerning the environment, as well as the opportunity to participate in decision-making processes.94 Actors who produce information about humanitarian or early recovery projects should provide that information transparently.
Causing or contributing to environmental harm and degradation poses serious risks to the human right to development. These environmental harms compromise the ability of affected communities to achieve sustainable livelihoods, access clean water, and maintain agricultural practices. Humanitarian actors should ensure that their activities do not exacerbate these risks by, for instance, carrying out environmental impact assessments as part of the HRDD process.
- Right to education (Art. 13 ICESCR/Art. 28 CRC)
Education is both a human right in itself95 and an integral means of realizing other human rights.96
Education has the power to lift marginalized groups out of poverty, equip them with the necessary tools to secure their livelihoods, and foster their participation in their communities.97 It plays a key role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, and promoting human rights.98
To ensure this right is upheld, education must meet four key standards: availability, accessibility, acceptability,99 and adaptability. Educational facilities must be available and equipped with trained teachers and basic resources. Access must be guaranteed for all, including marginalized and displaced groups, ensuring safety and inclusion.100 Education must be culturally relevant, trauma-sensitive, and of good quality, while remaining adaptable to the changing needs of affected populations. Moreover, education should be free from discrimination and responsive to the diverse needs of students and their communities. Importantly, parents and guardians have the right to ensure their children’s education aligns with their moral and religious convictions, as long as educational programmes remain unbiased and respectful of diverse beliefs.101
This right may be unintentionally infringed upon by, for example, delivering educational programmes which fail to accommodate the needs of children with disabilities, such as by not equipping schools with ramps or accessible material. Failing to ensure cultural relevance and sensitivity in educational material may also constitute a failure to respect the right to education. Similarly, making educational programmes inaccessible to displaced populations in remote, rural areas may also infringe on the right to education. This may particularly be the case for girls in such areas who are unable to make long journeys owing to security concerns.
- Protection from child marriage (Art. 16 and 34 CRC; Art. 16(2) CEDAW)
Children have the right to be protected from marriage. Child marriage constitutes a violation of multiple human rights, including the right to education and health. Article 16 of the Convention on the Rights of the Child emphasizes the right of children to be free from arbitrary or unlawful interferences with their privacy, family, home or correspondence, which must be interpreted to include early marriage.102 Article 34 of the CRC obliges states to take steps to prevent sexual exploitation, which is often linked to child marriage.103 CEDAW’s Article 16(2) calls for a minimum marriage age to protect women and girls from early marriages.104
Humanitarian NGOs may inadvertently infringe upon the protection of children from early marriage by either directly supporting harmful practices, such as facilitating dowries or marriage arrangements, or indirectly neglecting to address cultural norms that perpetuate child marriage. Without safeguards and culturally sensitive programming, NGOs may fail to challenge child marriage within the communities they serve or even collaborate with local authorities who condone it, further legitimizing the practice. To mitigate this, NGOs must implement child protection measures and ensure gender-sensitive programming.
- Protection from child labour (ICESCR Art. 10(3); Art. 32 CRC)
Children have the right to be protected from child labour105 – that is to say, from “economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development”, as per the Convention on the Rights of the Child.106
Child labour obstructs the fulfilment of a child’s right to education, health, play (among other rights), endangers their mental, emotional, and physical welfare, and interferes with their development on multiple levels in the short- and long-term.107 This includes hindering their educational progress and adversely affecting their future livelihood opportunities.
Humanitarian NGOs may inadvertently infringe upon this protection in cases of failure to properly vet third parties they are in a contractural relationship with, such as in the context of procurement. Humanitarian NGOs must conduct robust HRDD to ensure that their suppliers and partners are not implicated in child labour practices.
- Right to a clean, healthy, and sustainable environment (UNGA Res 76/300)
The right to a clean, healthy, and sustainable environment (R2HE) was formally recognized by the UN Human Rights Council in 2021108 and the UN General Assembly in 2022.109
As regards the scope and content of R2HE, the substantive elements110 include:
· clean air;
. a safe and stable climate;
· access to safe water and adequate sanitation;
· healthy and sustainably produced food;
· non-toxic environments in which to live, work, study and play; and
· healthy biodiversity and ecosystems.
The procedural elements111 of R2HE include:
· access to information;
· the right to participate in decision-making; and
· access to justice and effective remedies, including the secure exercise of these rights free from reprisals and retaliation.
The international recognition of R2HE raises the profile of environmental protection and underscores the relationship between the environment and human rights; human rights and the environment are interdependent, and a clean, healthy, and sustainable environment is necessary for the full enjoyment of a wide range of human rights.112
Humanitarian NGOs should ensure respect for this right by identifying and preventing risks posed to the environment by their activities across sectors, including in shelter, health, and WASH.
B. Civil & Political Rights: #
- Right to life (Art. 6 ICCPR/Art. 6 CRC/UDHR Art. 3)
The ICCPR states: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.113 The protection of the right to life is a prerequisite for the enjoyment of all other human rights.114
The right to life is “the supreme right from which no derogation is permitted, even in situations of armed conflict”.115
While IHL is the primary legal framework governing situations of armed conflict, international human rights law continues to apply in these settings.116 As the UN Human Rights Committee, the body responsible for interpreting and monitoring adherence to the ICCPR, explained, “both spheres of law are complementary, not mutually exclusive”.117
Consequently, the use of lethal force that is authorized, regulated, and compliant with IHL is, in principle, not considered arbitrary within the framework of Article 6 of the ICCPR. However, practices that are inconsistent – such as targeting civilians and civilian objects, conducting indiscriminate attacks, the use of human shields and failing to implement adequate precautions to prevent collateral death of civilians – violate Article 6 of the Covenant.
The right to life is inextricably linked to all other rights. It does not simply refer to the right to be alive, but rather the right to live a life in dignity, as envisioned by the UDHR and other international human rights instruments. Consider, for example, the deprivation of an individual of adequate water and sanitation, adequate housing, adequate food, and quality healthcare and education. Such an individual cannot plausibly be regarded as enjoying the right to life, as he or she is denied all the essentials for a dignified life. As such, abuses of other rights may in turn infringe on the right to life.
Humanitarians may inadvertently infringe on the right to life in several ways, typically through actions or inactions that unintentionally put partner communities at risk. Some examples include:
- Distribution of food or medical supplies that are expired, contaminated, or unsafe.
- Paying little to no regard to the needs of vulnerable groups, such as women, the elderly, or persons with disabilities. This may jeopardize their lives in the context of domestic violence in relation to educational programmes, or in the context of inadequate shelters with respect to persons with disabilities and the elderly.
- Adopting procedures, such as stringent screening, vetting or complex registration processes, or security protocols, that inadvertently restrict or prevent access to lifesaving services.
- A delayed response to emergencies—whether due to bureaucratic obstacles or logistical challenges—can significantly worsen suffering and lead to preventable loss of life. For instance, delays in delivering medical assistance can facilitate the spread of diseases, ultimately resulting in increased mortality rates.
- Degrading the environment through waste mismanagement of improper handling of hazardous materials. This may pose long-term harm on the health and welfare of affected communities, and potentially lead to fatal health crises.
- Right to equality and non-discrimination (Art. 1 and 2 UDHR/Art. 3 ICCPR/Art. 26 ICCPR/Art. 1 CEDAW/Art. 5, 6, 7 CRPD)
The rights to equality and non-discrimination are the cornerstones of IHRL. Inherently connected with human dignity, they are fundamental to all human rights norms and principles. In its articles 1 and 2, the UDHR proclaims that everyone is equal in dignity and rights, and condemns discrimination on several grounds,118 as does the ICCPR.119
The Human Rights Committee has defined “discrimination” as any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.120
Certain groups are more vulnerable to discrimination than others, namely women and persons with disabilities. The Convention on the Elimination of Discrimination Against Women (CEDAW) defines discrimination against women as “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.121
The CRPD enshrines protections for persons with disabilities, including through explicit provisions pertaining to women, girls, and children.
Article 5 mandates that all people, regardless of disability, are entitled to equal protection and benefit of the law without discrimination.122 Humanitarians must be mindful not to exclude persons with disabilities from receiving aid, services, or protection, and should ensure reasonable accommodations are provided. This could mean offering accessible shelters, medical care, or ensuring that communication methods are adapted for those with hearing or visual impairments.
When it comes to women and girls with disabilities, Article 6 highlights their vulnerability to multiple forms of discrimination.123 Humanitarian NGOs should take specific measures to protect them, ensuring that aid distribution, safety protocols, and empowerment programmes do not further marginalize them or undermine their safety.
Article 7 places special emphasis on children with disabilities, requiring that their best interests be prioritized.124 Humanitarians should, to the extent possible, ensure that children with disabilities are given equal opportunities to access education, healthcare, and psychosocial support.
The Committee on the Rights of Persons with Disabilities asserted that outdated approaches to disability, such as charity or medical models, are incompatible with the CPRD.125 These perspectives fail to recognize individuals with disabilities as full rights holders, and often perpetuate harmful stereotypes and stigmas.126
The Committee also identifies four main forms of discrimination, which can occur individually or simultaneously:127
- “Direct discrimination” occurs when, in a similar situation, persons with disabilities are treated less favourably than other persons because of a different personal status in a similar situation for a reason related to a prohibited ground, such as disability. This form of discrimination includes detrimental acts or omissions based on prohibited grounds where there is no comparable similar situation.
- “Indirect discrimination” means that policies or practices appear neutral at face value but have a disproportionate negative impact on a person with a disability. It occurs when an opportunity that appears accessible in reality excludes certain persons owing to the fact that their status does not allow them to benefit from the opportunity itself.
- “Denial of reasonable accommodation” constitutes discrimination if the necessary and appropriate modification and adjustments are denied and are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom. Not accepting an accompanying person or refusing to otherwise accommodate a person with a disability are examples of denial of reasonable accommodation;
- “Harassment” is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating, or offensive environment. It can happen through actions or words that have the effect of perpetuating the difference and oppression of persons with disabilities.
- Right to freedom of movement (Art. 12 ICCPR/Art. 13 UDHR)
Article 12(1) of the ICCPR mandates the right to liberty of movement, ensuring that everyone lawfully within a state’s territory can move freely within it.128 Article 12(2), further, establishes that everyone shall be free to leave any country, including their own.129
Freedom of movement is an “indispensable condition for the free development of a person”, the Human Rights Committee explains.130 Article 12(1) entitles all persons to move from one place to another, as well as to establish themselves in a place of their choice.131 The enjoyment of this right is independent of any particular purpose or reason for the person wanting to move or to stay in a place.132
The rights guaranteed in this provision must be protected from both public and private interference.133 This means that non-state actors, such as private citizens, humanitarian NGOs, and businesses, should respect the right to freedom of movement. For example, the right of women to move freely and choose their residence must not be made subject to the decision of another person, either by law or practice. Article 15 of CEDAW establishes that men and women shall have equal rights in legal matters related to movement.134
The Human Rights Committee further affirmed that the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement.135 Article 12 also precludes preventing the entry or stay of persons in a certain part of the territory.136
Article 12(3) provides for exceptional circumstances in which rights under Articles 12(1) and 12(2) may be restricted.137 This provision authorizes the State to restrict these rights on the grounds of national security, public order, public health or morals, and the rights and freedoms of others. However, and in line with Article 4(1) of the ICCPR, the application of restrictions needs to be consistent with the other rights guaranteed in the ICCPR and with the fundamental principles of equality and non-discrimination. Article 26 of the ICCPR, for instance, enshrines the right to equality before the law, guaranteeing that all individuals are entitled to legal protections without discrimination.138 Restricting the rights enshrined in Article 12, paragraphs 1 and 2 on the basis of ethnicity, sex, language, religion, political or other opinion, or other similar status, would therefore be in violation of the Covenant.139
Humanitarian NGOs should ensure that their operations are not posing restrictions on individuals’ and communities’ right to freedom of movement, nor are their activities or programmes condoning or reinforcing restrictions on anyone’s movements. This is particularly pertinent in relation to women. NGOs must also verify that any third parties with whom they are engaged, such as ANSAs, businesses, or other NGOs, are not involved in any such practices.
- Right to private and family life (Art. 17 and 23 ICCPR)
The ICCPR provides protection for family and privacy in two of its articles:
Article 17 protects individuals from arbitrary or unlawful interference with their privacy and from unlawful attacks on their honor and reputation.140 It stipulates that everyone has a right to the protection of the law against such interferences or attacks. Article 23 recognizes the family as a unit that is deserving of protection by society and the state.141
In the view of the Human Rights Committee, Article 17 must be guaranteed against all interferences and attacks, whether they emanate from State authorities or from natural or legal persons.142 The Committee deems the term “unlawful” interference to mean any interference that is not envisaged by the law, “…which itself must comply with the provisions, aims and objectives of the Covenant”.143 Any such law must comply with the provisions, aims, and objectives of the ICCPR.144 In this regard, it is important to acknowledge that “arbitrary interference” can also extend to interference provided for under the law.145
Article 17 also affords protection to personal honour and reputation. The Human Rights Committee underscores that provision must be made for everyone effectively to be able to protect him or herself against any unlawful attacks that do occur, and to provide for effective remedy against those responsible accordingly.146
With regard to privacy, “every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes”, in the Human Rights Committee’s view.147 The Committee makes clear that every individual should also be able to ascertain which public authorities, private individuals or bodies control or may control their files.148 If any files contain incorrect personal data or have been collected or processed contrary to the legal provisions, every individual should have the right to request rectification or elimination.149 Humanitarian NGOs should ensure that their data collection protocols protect the rights of data subjects.
Equally relevant in relation to the right to privacy is the enjoyment of privacy in the context of housing and shelter. NGOs should ensure that such accommodations respect residents’ right to privacy, including but not limited to the provision of a sufficient number of rooms and restroom facilities according to the number of residents.
- Freedom from torture or cruel, inhuman, or degrading treatment or punishment (Art. 7 ICCPR)
The prohibition of torture or cruel, inhuman, or degrading treatment or punishment is found in the Convention on the Rights of the Child150, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families,151 the Convention on the Rights of Persons with Disabilities,152 the ICCPR,153 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).154 The purpose of the prohibition is to protect the inherent dignity of the individual.
Article 7 of the ICCPR states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.155
The Article proscribes three types of behaviour. A person may not be subjected to:
- Torture
- Treatment or punishment which is cruel and inhuman
- Treatment or punishment which is degrading.
This means that the prohibition contained in Article 7 of the ICCPR may still be violated if the torture threshold is not met, by, for instance, the perpetration of degrading treatment.
The UNCAT defines torture as:156
any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Inhuman treatment or punishment is treatment which causes intense physical or mental suffering. Degrading treatment refers to treatment that is extremely humiliating and undignified.157
Inhuman or degrading treatment could include:
- serious physical assault
- serious physical or psychological abuse in a health or care setting
- threatening to torture someone, if the threat is real and immediate
The prohibition relates not only to acts that cause physical pain, but also to acts that cause mental suffering to the victim.158
The prohibition of torture, cruel, inhuman, or degrading punishment is absolute, meaning that is a non-derogable right.159 It is also a peremptory norm of international law (or ‘jus cogens’ norm), meaning it is an international legal norm from which no derogation is permitted. Furthermore, the commission of torture itself constitutes a stand-alone international crime.
Humanitarian NGOs must ensure that neither their operations, services, nor contractual partners are directly or indirectly involved in violating the prohibition against torture and other forms of cruel, inhuman, or degrading treatment. Such abuses may occur by providing inadequate or substandard medical care, for instance, under duress or without informed consent. Forced treatment or failure to address pain or trauma in humanitarian settings can amount to degrading treatment. This would also include the lack of or subpar treatment of detainees, or individuals with opposing political views to the governing bodies. Abuses may also manifest by neglecting the needs of vulnerable groups, such as persons with disabilities, women, or children, particularly when shelters are overcrowded and lack sanitation facilities. Failure to implement and uphold protection measures to prevent or address exploitation and abuse may also result in violating the prohibition on torture, cruel, inhuman, or degrading treatment.
● Right to legal identity (Art. 7 CRC/Art. 16 ICCPR/Art. 15. UDHR)
The right to legal identity is enshrined in numerous human rights instruments. Article 7 of the CRC stipulates that children have the right to a nationality, as well as to be registered after birth.160 Article 16 of the ICCPR enshrines the right to recognition as a person before the law.161 Further, the UDHR’s Article 15 stipulates that everyone has the right to nationality.162
The enjoyment of legal identity and recognition as a person before the law is fundamental to the enjoyment of all human rights. But for such recognition, rights holders may not be able to assert their rights under international human rights instruments.163 This right is also intrinsically tied to the inherent dignity of the human person from which all human rights stem.
Humanitarian NGOs may unintentionally infringe upon individuals’ right to legal identity through oversight in registration processes, such as failing to prioritize documentation for displaced individuals. This failure can restrict access to critical services, such as shelter, education, or healthcare, for undocumented people, particularly in the context of programmes that inadvertently marginalize these individuals or communities. For example, in both the shelter and education sectors, NGOs might design programmes that exclude those without pre-existing documentation, reinforcing their exclusion from essential services and from participating in public life.
To mitigate these risks, NGOs must integrate legal identity support into their programmes and adopt inclusive policies that ensure no one is excluded based on their documentation status. This includes ensuring that all displaced children and families are properly registered, coordinating with civil registration authorities, and monitoring partnerships to guarantee equitable access to services. By prioritizing legal identity and taking proactive steps to facilitate access, humanitarian NGOs can safeguard individuals’ right to nationality and recognition before the law, in line with international human rights standards.
- Right of access to information (Art. 19 ICCPR/Art 19 UDHR)
Article 19 of the ICCPR enshrines the right to freedom of expression, and stipulates that this right shall include “freedom to seek, receive and impart information and ideas of all kinds”.164
The right of access to information is a fundamental element of the right to freedom of expression. It refers, in part, to the general right of the public to have access to information of public interest from a variety of sources. It also applies towards international organizations, such as the United Nations.165 The right arguably also applies to humanitarian NGOs due to the nature of their operations and their ability to impact communities.
The right of access to information can serve as a bulwark against abusive practices and policies that affect people’s and the environment’s welfare. Humanitarian NGOs can respect this right by ensuring information is accessible to individuals and communities, establishing communication channels, and enabling the participation of affected communities in the provision of feedback on planned projects or activities.
● Right to an effective remedy (Art 8 UDHR; Art. 2(3) ICCPR; Art. 14 UNCAT)
A cornerstone of IHRL, the right to an effective remedy ensures that individuals who have suffered violations of their rights are able to access redress.166 Article 2(3) of the ICCPR mandates that states must provide effective remedies to those whose rights have been violated.167 This includes providing access to competent authorities, a fair trial, and compensation where necessary. Similarly, Article 14 of UNCAT ensures that victims of torture and ill-treatment have the right to an effective remedy, which includes the right to an impartial investigation, the ability to obtain compensation, and the right to reparation.168 Article 8 of the UDHR reinforces the principle that access to remedy is a fundamental human right.169
Humanitarian NGOs may infringe on the right to an effective remedy by not providing adequate avenues for partner communities to seek redress for violations of their rights. For instance, NGOs might fail to ensure that individuals have access to judicial or non-judicial mechanisms to address grievances related to aid distribution, shelter, or protection. Without proper complaint mechanisms, those affected by human rights abuses may have no recourse for accountability.
In some cases, NGOs may also inadvertently support the perpetuation of injustice by failing to address discrimination or exclusion within their programmes. For example, in cases where aid is allocated based on criteria that exclude certain vulnerable groups (e.g., undocumented individuals), these affected persons may be denied access to remedy. Additionally, partnerships with local authorities or militias that have been involved in rights violations could further limit avenues for grievance redress for beneficiaries. As highlighted in the UN Guiding Principles on Business and Human Rights, ensuring access to effective remedy requires comprehensive grievance mechanisms that are accessible, transparent, and independent170, which humanitarian NGOs should prioritize.
2. International Humanitarian Law #
It is essential for humanitarian NGOs operating in Northwest Syria to understand the relevant IHL framework of norms and rules. A comprehensive understanding of this body of law will equip workers in this field with the necessary tools to navigate a complex legal and humanitarian terrain. Such an understanding is critical for humanitarians not only to ensure that they themselves adhere to IHL standards, but also to clarify the obligations that de facto authorities and other parties to the conflict in Northwest Syria must uphold under IHL. This will assist humanitarians in making risk-informed decisions that comply with IHL. It may also empower them to seek greater support from donors to this end.
As noted above, humanitarian aid efforts should be carried out in an impartial manner, without discrimination and prioritized according to need.
This section outlines the key IHL norms that are relevant to humanitarian operations in Northwest Syria. It comprises provisions that are applicable to international armed conflicts (IACs) as well as non-international armed conflicts (NIACs), as well as customary IHL (CIHL) norms that bind all states and non-state armed groups. The Geneva Conventions of 1949171 and Additional Protocol I172 regulate IACs, while common Article 3 to the Geneva Conventions of 1949 and Additional Protocol II173 apply during NIACs. Given the multiplicity of actors involved in the Syrian conflict and the multifaceted nature of it, the situation in Northwest Syria may may encompass parallel IACs and NIACs simultaneously, rendering the following norms applicable:
Principles of distinction, proportionality, and precaution
The principles of distinction, proportionality, and precaution are cardinal rules of IHL that govern and restrict the means and methods of warfare during IACs and NIACs.174 These core principles aim to minimize harm to civilians and civilian objects by requiring the parties to the conflict to distinguish, at all times, between civilians and combatants (the principle of distinction).175 Attacks may only be directed against combatants and military objectives.176 Attacks must not be directed against civilians or civilian objects.177 Objects indispensable to the survival of the civilian population, and which include agricultural lands, water installations, and livestock, should be protected from attacks, destruction, or removal.178 In the conduct of military operations, constant care shall be taken to spare the civilian population and civilian objects (principle of precautions in attack).179 Each party to the conflict must take all feasible precautions in selecting means and methods of warfare to prevent, or at least minimize, incidental loss of civilian life, injury to civilians, and damage to civilian objects.180 The principle of proportionality prohibits attacks on legitimate military targets if they are expected to result in excessive incidental loss of civilian life, injuries to civilians, or damage to civilian objects in relation to the anticipated concrete and direct military advantage.181 In this regard, parties to the conflict must refrain from using weapons, projectiles, materials, or methods of warfare designed to cause excessive injury or unnecessary suffering.182 IHL prohibits the use of chemical weapons during IACs and NIACs.183 Moreover, IHL prohibits the use of starvation as a method of warfare.184
Access for Humanitarian Relief
Humanitarian relief personnel must be respected and protected.185 Parties to the conflict must permit and facilitate the rapid and unrestricted passage of impartial humanitarian relief for civilians in need, while retaining their right to exercise control.186 IHL provides that relief activities shall be conducted “…subject to the consent of the High Contracting Party concerned.”187 This requirement, however, does not grant unrestricted authority to deny the passage of aid.188 More specifically, a state that is unable or unwilling to meet the essential needs of its civilian population is required to accept offers for impartial humanitarian assistance.189 Refusing such offers, when civilian needs remain unmet, is considered arbitrary and unlawful.190
Humanitarian relief operations should reach civilians in need without delay. This rule emphasizes the centrality of impartiality in humanitarian work, and seeks to ensure that relief is provided based on need alone and without discrimination.191
Freedom of Movement of Humanitarian Relief Personnel
Parties to the conflict must allow authorized humanitarian relief personnel the freedom of movement necessary for their functions, restricting it only in cases of imperative military necessity.192 This ensures aid operations can proceed while balancing military requirements.
All parties to the conflict must assist relief personnel in their mission, with movement restrictions only in case of imperative military necessity. In addition to ensuring freedom of movement, this rule places a responsibility on the parties to the conflict to actively assist humanitarian personnel. This includes helping them navigate challenges in reaching affected populations.193 The “imperative military necessity” clause seeks to prevent restrictions on humanitarian workers’ movement which are not temporary and exceptional.194
The Act of Displacement
IHL prohibits the forcible transfer or deportation of protected persons. Only in cases related to the security of the population or imperative military reasons can total or partial evacuations take place.195 Article 49 of Geneva Convention IV provides that persons who were evacuated due to these reasons ought to be transferred back to their homes as soon as the hostilities in their areas have ceased. This limits the use of forced evacuations and seeks to ensure that 1) displacement is not permanent; and 2) individuals can return to their homes as soon as it is safe. Moreover, the Article prohibits the occupying power from deporting or transferring its own population into the territory that it occupies. The right of displaced persons to voluntarily return to their homes or places of habitual residence once the reasons for their displacement are resolved is a norm of customary IHL, applicable during IACs and NIACs. 196
Humanitarian NGOs should ensure that their operations do not prevent displaced persons from returning to their homes or places of habitual residence. This may manifest in a situation where educational facilities or housing units are built on the lands of displaced persons, or where NGOs are directly linked to third parties who are involved in the seizure or demolition of homes of IDPs.
Treatment of Displaced Persons
Parties to the armed conflict are mandated to take all possible measures, ensuring that displaced civilians are received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.197 In this process, members of the same family should not be separated.198 This is a customary norm of IHL that is applicable during IACs and NIACs.199 Regardless of the type of conflict that they are caught in, the special needs of women, children, the elderly, and people with disabilities must be respected.200
Humanitarians should commit to ensuring that living conditions are dignified and that assistance is provided to best meet the needs of protected persons, including those living in vulnerable conditions as well as those who are socially excluded.
HLP Rights
In the conduct of their military operations, parties to the conflict shall spare civilian objects. They should also refrain from destroying or seizing the property of an adversary.201 The destruction or appropriation of protected property, i.e. medical establishments and transport, may constitute a grave breach under the Geneva Conventions.202 IHL also prohibits pillage, which is associated with the appropriation of individual property for private or personal use and not out of military necessity.203 In conflict situations, women and children are disproportionately impacted by HLP violations. For women, such violations can heighten their exposure to gender-based violence, exploitation, and discrimination.204 Children, particularly those orphaned or separated from their families as a result of the conflict, are at increased risk of exploitation and recruitment by non-state armed groups when their HLP rights are violated.205 During IACs and NIACs, belligerents must also respect the property rights of displaced persons.206
Humanitarian actors shall take steps to ensure that their initiatives are in line with IHL’s protections. More concretely, humanitarians should respect property, including that of displaced persons, and conduct due diligence for HLP in every stage of a project.
Non-Discrimination
Parties to the conflict should afford protected persons with the protections that IHL mandates and without adverse distinction based on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.207 Adverse distinction is not only understood to constitute discriminatory acts but also omissions, requiring parties to the conflict to consider the consequences of their policies on protected persons.208
Humanitarian efforts must reflect the prohibition on discrimination by providing aid and assistance impartially to all affected civilians.
Humane treatment
This rule seeks to ensure that civilians and combatants who are no longer fighting (hors de combat) are treated with humanity and dignity. Torture, abuse, violations of due process rights, and degrading treatment are strictly prohibited.209 The obligation of humane treatment also prohibits rape or any form of sexual violence or indecent assault.210 This principle extends to all protected persons, who should be treated with respect to their honour, family rights, and religious practices.211 The requirement for humane treatment covers various groups affected by conflict, including wounded or sick members of the armed forces, who are entitled to medical care and protection.212 Similarly, parties to the conflict are obligated to treat prisoners of war with humanity, ensuring their safety, health, and well-being.213
Humanitarian workers must ensure they do not inadvertently support environments where such abuses occur, and conduct thorough due diligence on third parties before partnering with them.
Recruitment of Child Soldiers
IHL prohibits the recruitment of children into armed forces or armed groups.214 No child under the age of 15 shall be enlisted in armed forces or groups, nor engaged in hostilities.215 When recruiting individuals aged 15 to 18, Parties to the conflict shall make every effort to prioritize the oldest within this age group.216
Humanitarian NGOs must avoid inadvertently enabling environments where such abuses occur and should perform comprehensive due diligence on third parties prior to partnering with them.
Access to health care
Medical personnel assigned exclusively to medical duties must be respected and protected in all circumstances. This protection is forfeited if they engage in acts harmful to the enemy outside their humanitarian functions.217 Similarly, medical units and medical transports218 assigned solely for medical purposes must be respected and protected, with the loss of such protection occurring only if they are misused for harmful acts against the enemy.219 Parties to the conflict are prohibited from punishing individuals for performing medical duties that adhere to medical ethics or compelling them to act contrary to these ethics.220
IHL prohibits attacks on medical personnel, as well as objects displaying the distinctive emblems of the Geneva Conventions, in compliance with international law.221 Parties to the conflict are explicitly forbidden from directing attacks against zones established to shelter the wounded, the sick, and civilians from the effects of hostilities.222
Humanitarian NGOs are encouraged to ensure that all medical personnel, units, and transports are clearly marked with distinctive emblems. Those who do not make use of these emblems do not forfeit their protection under IHL. They should also ensure all staff members’ adherence to medical ethics, as well as ensure that health care services are provided in an impartial manner, without discrimination and prioritized according to urgency.
Protection of the Natural Environment
Unless required by military necessity, parties to the conflict shall refrain from directing attacks against the natural environment.223 It is prohibited to carry out attacks against military objectives if the expected incidental harm to the natural environment would be excessive in relation to the anticipated concrete and direct military advantage.224 Parties to the conflict must consider the protection and preservation of the environment when selecting means and methods of warfare.225Accordingly, they ought to refrain from using methods or means of warfare that are expected to cause widespread, long-term, and severe environmental damage.226 Additionally, parties to the conflict are prohibited from deliberately destroying the natural environment as a form of a weapon.227
49.Ibid, Principle 18(b).
50.Ibid, Principle 22.
51.“For oers of service to be legitimate, and acceptable, they must come from an organization which is both ‘humanitarian’ and ‘impartial’, and the services
oered and rendered must be ‘humane’ and ‘impartial’ also.” See, The International Committee of the Red Cross, Commentary on Convention (IV) relative to
the Protection of Civilian Persons in Time of War, Geneva, 1958, Article 3, available at
https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-3/commentary/1958?activeTab=
52.See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion) I.C.J. Reports 2004 [106]: “the Court considers
that the protection oered by human rights conventions does not cease in case of armed conict…As regards the relationship between international
humanitarian law and human rights law, there are thus three possible situations: some rights may be exclusively matters of international humanitarian law;
others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law.”
53.Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR), Art. 1.
54.Ibid, UDHR.
55.International Covenant on Economic, Social, and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR).
56.ICCPR (n 38).
57.See, e.g., UNHRC Res 48/13 (8 October 2021) UN Doc A/HRC/RES/48/13, available at https://undocs.org/A/HRC/RES/48/13
58.See, e.g. UNGA Res 76/300 (28 July 2022) UN Doc A/RES/76/300, available at https://undocs.org/A/RES/76/300
59.CESCR General Comment No 12: The Right to Adequate Food (Art 11), (12 May 1999), UN Doc E/C.12/1999/5 [1] available at
https://www.refworld.org/legal/general/cescr/1999/en/87491
60.Ibid [4].
61.Ibid [6].
62.Ibid.
63.Ibid [8].
64.CESCR General Comment No 4: The Right to Adequate Housing (Art 11(1)), (13 December 1991), UN Doc E/1992/23 [7], available at
https://www.refworld.org/legal/general/cescr/1991/en/53157
65.Ibid.
66.Commission on Human Settlements, Global Strategy for Shelter to the Year 2000, (1988), UN Doc A/43/8/Add.1, available at
https://www.ircwash.org/sites/default/les/UN-HABITAT-1990-Global.pdf
67.CESCR (n 61) [8(a)].
68.Oce of the United Nations High Commissioner for Human Rights, ‘Fact Sheet No. 21: The Right to Adequate Housing’, (rev 1, 2009), UN Doc HR/PUB/09/11,
available at https://www.ohchr.org/sites/default/les/Documents/Publications/FS21_rev_1_Housing_en.pdf
69.UDHR (n 49) Art. 17.
70.Convention on the Elimination of All Forms of Discrimination Against Women, (18 December 1979), 1249 UNTS 13 (CEDAW), Art. 15(2).
71.Ibid, Art. 16(1)(h).
72.See generally Oce of the United Nations High Commissioner for Human Rights, Realizing Women’s Rights to Land: A Guide to CEDAW General
Recommendation No. 34, (2nd edn, 2018), UN Doc HR/PUB/18/4, available at
https://www.ohchr.org/sites/default/les/Documents/Publications/RealizingWomensRightstoLand_2ndedition.pdf
73.Convention on the Rights of Persons with Disabilities, (13 December 2006), 2515 UNTS 3 (CRPD), Art. 12(5).
74.Ibid.
75.UN Guiding Principles on Internal Displacement, (11 February 1998), UN Doc E/CN.4/1998/53/Add.2, Principle 21(3), available at
https://www.refworld.org/docid/3c3d5f7d4.html; see also UN Sub-Commission on the Promotion and Protection of Human Rights, The Pinheiro
Principles: The Principles on Housing and Property Restitution for Refugees and Displaced Persons, (28 May 2005), UN Doc E/CN.4/Sub.2/2005/17, available
at https://www.refworld.org/docid/42c98d7e4.html
76.ICESCR (n 51) Art. 11(1).
77.CESCR General Comment No 15: The Right to Water (Arts 11 and 12), (20 January 2003), UN Doc E/C.12/2002/1 [3], available at
https://www.refworld.org/legal/general/cescr/2003/en/39347
78.UNGA Res 64/292, (28 July 2010), UN Doc A/RES/64/292 [1].
79.CESCR (n 73) [2].
80.Ibid [10].
81.See, e.g., SLDP, Business Responsibility Towards the Environment and Human Rights in Syria, (2024), P. 18-20, available at https://shorturl.at/WZfC3
82.CRPD (n 69) Art. 25.
83.CESCR General Comment No 14: The Right to the Highest Attainable Standard of Health (Art 12), (11 August 2000), UN Doc E/C.12/2000/4 [8], available at
https://www.refworld.org/legal/general/cescr/2000/en/36991
84.Ibid [4].
85.Ibid [8].
86.Ibid [12(b)].
87.Ibid [12(c)].
88.Ibid.
89.Ibid [12(d)].
90.Ibid.
91.See, e.g. PAX, Thirst for Peace: War and Water Security Challenges along the Orontes River in Syria, (2024), available at
https://paxforpeace.nl/wp-content/uploads/sites/2/2024/11/PAX_report_Thirst-for-Peace_2024.pdf
92.ICCPR (n 38) Art. 1(1); ICESCR (n) Art. 1(1).
93.UNGA, Declaration on the Right to Development, (4 December 1986), UN Doc A/RES/41/128, Art. 1, available at
https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-right-development
94.UN Human Rights Council, The Role of Business in Realizing the Right to Development: Report of the Special Rapporteur on the Right to Development, (8
June 2022), UN Doc A/HRC/48/60 [12-13], available at
https://www.ohchr.org/en/documents/thematic-reports/a78160-role-business-realizing-right-development-report-special
95.Ibid.
96.UN Conference on Environment and Development, Rio Declaration on Environment and Development, (14 June 1992), UN Doc A/CONF.151/26 (Vol I),
available at https://www.un.org/en/development/desa/population/theme/environment
97.ICESCR (n 51) Art. 13; Convention on the Rights of the Child, (20 November 1989), 1577 UNTS 3 (CRC), Art. 28.
98.CESCR General Comment No 13: The Right to Education (Art 13), (8 December 1999), UN Doc E/C.12/1999/10 [1], available at
https://www.refworld.org/legal/general/cescr/1999/en/37937
99.Ibid.
100.Ibid.
101.Ibid [6].
102.Ibid.
103.ICESCR (n 51) Art. 13(3); CESCR (n 94) [28].
104.CRC (n 93) Art. 16.
105.Ibid, Art. 34.
106.CEDAW (n 119) Art. 16(2).
107.ICESCR (n 51) Art. 10(3).
108.CRC (n 93) Art. 32; see also International Labour Organization (ILO), Convention No. 138: Minimum Age Convention, (26 June 1973), 1015 UNTS 297; and
International Labour Organization (ILO), Convention No. 182: Worst Forms of Child Labour Convention, (17 June 1999), 2133 UNTS 161.
109.See, e.g., Delphine Boutin and Marine Jouvin, Child Labour Consequences on Education and Health: A Review of Evidence and Knowledge Gaps, (2022),
available at https://hal.science/hal-03896700v1/le/BSE_BxWP2022_14_Boutin.pdf;
110.UN Human Rights Council, Resolution 48/13: The human right to a clean, healthy and sustainable environment, (8 October 2021), UN Doc
A/HRC/RES/48/13.
111.UNGA Res 76/300, The human right to a clean, healthy and sustainable environment, (28 July 2022), UN Doc A/RES/76/300.
112.OHCHR, UNEP, UNDP, ‘What is the Right to a Healthy Environment? Information Note’, (2023) P. 9, available at
https://www.undp.org/sites/g/les/zskgke326/les/2023-01/UNDP-UNEP-UNHCHR-What-is-the-Right-to-a-Healthy-Environment.pdf
113.Ibid.
114.See SLDP (n 77) p. 8.
115.ICCPR (n 38) Art. 6.
116.The right to life is also enshrined in Art. 3 of the UDHR (n 49) and Art. 6 of the CRC (n 93).
117.Human Rights Committee, General Comment No. 36: The Right to Life, (3 September 2019), UN Doc CCPR/C/GC/36 [2], available at
https://documents.un.org/doc/undoc/gen/g19/261/15/pdf/g1926115.pdf; States can derogate from certain human rights obligations in times of
emergency. This is provided that their measures are non-discriminatory, specic, and justied by the exigencies of the situation. See, Art. 4(1) of the ICCPR (n
38).
118.See ICJ Wall Advisory Opinion (n 48).
119.Human Rights Committee (n 114) [64].
120.UDHR (n 49) Art. 1 and 2.
121.ICCPR (n 38) Art. 3 and 26.
122.Human Rights Committee, General Comment No. 18: Non-Discrimination, (10 November 1989), UN Doc CCPR/C/21/Rev.1/Add.1 [1], available at
https://www.refworld.org/legal/general/hrc/1989/en/6268
123.Convention on the Elimination of All Forms of Discrimination Against Women, (18 December 1979), 1249 UNTS 13 (CEDAW), Art. 1.
124.CRPD (n 69) Art. 5.
125.Ibid, Art. 6.
126.Ibid, Art. 7.
127.Committee on the Rights of Persons with Disabilities, General Comment No. 6 on equality and non-discrimination, (26 April 2018), UN Doc CRPD/C/GC/6
[2], available at https://shorturl.at/FRx6Q
128.Ibid.
129.Ibid [18].
130.ICCPR (n 38) Art. 12(1).
131.Ibid, Art. 12(2).
132.Human Rights Committee, General Comment No. 27: Article 12 (Freedom of movement), (2 November 1999), UN Doc CCPR/C/21/Rev.1/Add.9 [1], available
at https://www.refworld.org/legal/general/hrc/1999/en/46752
133.Ibid [5].
134.Ibid.
135.Ibid [6].
136.CEDAW (n 119) Art. 15.
137.Human Rights Committee (n 128) [7].
138.Ibid.
139.Ibid [11].
140.ICCPR (38) Art. 26.
141.Human Rights Committee (n 128) [18].
142.ICCPR (n 38) Art. 17.
143.Ibid, Art. 23.
144.Human Rights Committee, General Comment No. 16: Article 17 (Right to Privacy) The Right to Respect of Privacy, Family, Home and Correspondence, and
Protection of Honour and Reputation, (8 April 1988) [1], available at https://www.refworld.org/legal/general/hrc/1988/en/27539
145.Ibid [3].
146.Ibid.
147.Ibid [4].
148Ibid [11].
149.Ibid [10].
150.Ibid.
151.Ibid.
152.CRC (n 93) Art. 37(a).
153.International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, (18 December 1990), 2220 UNTS 3, Art. 10.
154.CRPD (n 69) Art. 15.
155.ICCPR (n 38) Art. 7.
156.Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, (10 December 1984), (UNCAT)1465 UNTS 85.
157.ICCPR (n 38) Art. 7.
158.UNCAT (n 152) Art. 1(1).
159.See, e.g. Equality and Human Rights Commission, Article 3: Freedom from Torture and Inhuman or Degrading Treatment, (2016), available at
https://shorturl.at/G7nwg
160.Human Rights Committee, General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), (10
March 1992) [5], available at https://www.refworld.org/legal/general/hrc/1992/en/11086
161.The absolute and non-derogable status of the prohibition against torture extends to acts of torture committed by non-state actors.
162.CRC (n 93) Art. 7.
163.ICCPR (n 38) Art. 16.
164.UDHR (n 49) Art. 15.
165.See, e.g., Taylor PM, ‘Article 16: Recognition as a Person Before the Law’, in A Commentary on the International Covenant on Civil and Political Rights: The
UN Human Rights Committee’s Monitoring of ICCPR Rights (Cambridge University Press, 2020) P. 445-457.
166.ICCPR (n 38) Art. 19.
167.OHCHR, Freedom of opinion and expression, 2013 thematic report to the Human Rights Council of the Special Rapporteur on freedom of opinion and
expression, Fact sheet, available at https://www.ohchr.org/sites/default/les/Documents/Issues/Expression/Factsheet_5.pdf
168.See generally Oce of the High Commissioner for Human Rights, Basic Principles and Guidelines on the Right to a Remedy and Reparation, (OHCHR 2005),
available at https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-and-guidelines-right-remedy-and-reparation
169.ICCPR (n 38) Art. 2(3).
170.UNCAT (n 152) Art. 14.
171.UDHR (n 49) Art. 8.
172.UNGPs (n 6) Principle 31.
173.See common Article 2 to the Geneva Conventions; Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field, (12 August 1949), 75 UNTS 31 (GC I); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea, (12 August 1949), 75 UNTS 85 (GC II); Geneva Convention relative to the Treatment of Prisoners of War, (12 August 1949), 75 UNTS 135
(GC III); Geneva Convention relative to the Protection of Civilian Persons in Time of War, (12 August 1949), 75 UNTS 287 (GC IV).
174.Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conicts (‘Additional
Protocol I’), (8 June 1977), 1125 UNTS 3, Article 1.
175.Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conicts (‘Additional
Protocol II’), (8 June 1977), 1125 UNTS 609, Article 1.
176.Jean-Marie Henckaerts and Louise Doswald-Beck, ICRC, Customary International Humanitarian Law: Volume 1: Rules, (Cambridge: Cambridge University
Press, 2005), Rules 1, 14, and 15.
177.Article 50 of Additional Protocol I (n 171) denes the civilian population as individuals who are not combatants, emphasizing that in cases of doubt, a
person should be presumed to be a civilian. Article 4 of Geneva Convention III (n 169) denes combatants as members of armed forces, militias, resistance
movements meeting specic criteria, and local inhabitants resisting invasion. Non-combatants are those who do not or no longer participate in hostilities,
including members of armed forces who have surrendered or are incapacitated due to sickness, wounds, detention, or other reasons, as outlined in Common
Article 3 of the Geneva Conventions.
178.According to Article 52 of Additional Protocol I (n 170), military objectives are dened as objects that contribute eectively to military action based on
their nature, location, purpose, or use, and whose destruction, capture, or neutralization provides a clear military advantage. Conversely, objects that are
civilian in nature are not considered military objectives and will be presumed to be civilian even in cases of uncertainty.
179.Common Article 3 to the Geneva Conventions (n 169) prohibits violence against civilians, persons taking no active part in the hostilities, and persons
placed hors de combat. Per Article 51 of Additional Protocol I (n 170) and Article 13 of Additional Protocol II (n 171), civilians and the civilian population must
not be targeted in attacks.
180.Article 54 of Additional Protocol I (n 170) and Article 14 of Additional Protocol II (n 171).
181.Article 57(1) of Additional Protocol I (n 170).
182.CIHL (n 172) Rule 17.
183.Article 51(5)(b) of Additional Protocol I (170).
184.Article 35 of Additional Protocol I (n 170) and CIHL (n 172) Rule 70; See also Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or
Other Gases, and of Bacteriological Methods of Warfare, (Geneva, 17 June 1925)
185.CIHL (n 172) Rule 74; See also the 1993 Chemical Weapons Convention, to which the Syrian government is a State Party.
186.CIHL (n 172) Rule 53.
187.See, Article 71(2) of Additional Protocol I (n 170) and CIHL Rule 31 (n 172) applicable during IACs and NIACs.
188.See, Common Article 3(2) (n 169), Article 70 of Additional Protocol I (n 170), Article 18 of Additional Protocol II (n 171), and CIHL Rule 55 (n 172) applicable
during IACs and NIACs.
189.See, Article 18(2) of Additional Protocol II (n 171) and Article 70(1) of Additional Protocol I (n 170); Customary IHL provides for the obligation of parties to
international and non-international armed conicts to “…allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which
is impartial in character and conducted without any adverse distinction, subject to their right of control.” See CIHL (n 172) Rule 55.
190.Requiring consent does not grant the parties full discretion. If the population’s survival is at risk, and a humanitarian organization that meets standards of
impartiality and non-discrimination can provide aid, relief eorts must proceed. See, International Committee of the Red Cross, Commentary on Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conicts (Protocol II), Geneva,
1987, Article 18, P. 4885-4888, available at https://ihl-databases.icrc.org/en/ihl-treaties/apii-1977/article-18/commentary/1987?activeTab= and
Commentary on Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conicts
(Protocol I), Geneva, 1987, Article 70, P. 2805-2808, available at
https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-70/commentary/1987?activeTab=; See also UN Security Council, Resolution 2139 (2014) UN
Doc S/RES/2139 (22 February 2014).
191.International Committee of the Red Cross, Commentary of 2020 on Geneva Convention III, (ICRC 2020), P. 874-875, available at
https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-3/commentary/2020?activeTab=
192Diakonia International Humanitarian Law Centre, Protection of the Civilian Population: Humanitarian Assistance and Access in Armed Conict, (June 2023),
P. 17, available at https://apidiakoniase.cdn.triggersh.cloud/uploads/sites/2/2023/08/Humanitarian-Assistance-Report-FINAL.pdf
193.International Committee of the Red Cross, Commentary of 1987 on Additional Protocol I to the Geneva Conventions (ICRC 1987) P. 2802, available at
https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-70/commentary/1987
194.See Article 71(3) of Additional Protocol I (n 170), CIHL (n 172) Rule 56 applicable during IACs and NIACs.
195.ICRC Commentary of 1987 (n 189) [2892].
196.Ibid [2896].
197.Article 49 of Geneva Convention IV (n 169).
198CIHL (n 172) Rule 132.
199.Ibid; Article 17 of Additional Protocol II (n 171).
200.Article 49 of Geneva Convention IV (n 169)
201.CIHL (n 172) Rule 131.
202.See CIHL (n 172) Rules 134, 135, 138; Common Article 3 (n 172) mandates the fundamental obligation of humane treatment for civilians, persons taking no
active part in the hostilities, and those placed hors de combat. Parties to the conict must treat protected persons with humanity and “…never…as less than
fellow human beings and their inherent dignity must be upheld and protected.” This is irrespective of their race, colour, religion or faith, sex, birth or wealth, or
any other similar criteria. Additionally, humane treatment is context-specic, considering factors like environment, condition, and background. Recognizing
diering impacts of conict on women, men, girls, and boys enhances understanding of humane treatment under Common Article 3. See, ICRC Commentary
of 2020 (n 187) [587] and [591].
203.CIHL (n 172) Rule 50; In the context of belligerent occupation, parties to the conict ought to respect and refrain from conscating private property, except
where destruction or seizure is required by imperative military necessity. If private property is seized, it must be restored, and appropriate compensation
provided once peace is reestablished. See CIHL (n 172) Rule 51.
204.See Article 50 of Geneva Convention I (n 169), Article 51 of Geneva Convention II (n 169), and Article 147 of Geneva Convention IV (n 169).
205.CIHL (n 172) Rule 52.
206.Diakonia International Humanitarian Law Centre, The Protection of Housing, Land, and Property (HLP) in Armed Conict, (May 2024), P. 13, available at
https://apidiakoniase.cdn.triggersh.cloud/uploads/sites/2/2024/06/240607_HLP_Protection_EN_.pdf
207.Ibid, P. 14
208.CIHL (n 172) Rule 133; See also Principle 21(3) of the Guiding Principles on Internal Displacement (n 72): “Property and possessions left behind by internally
displaced persons should be protected against destruction and arbitrary and illegal appropriation, occupation or use.”
209.CIHL (n 172) Rule 88; See also ICRC Commentary of 2020 (n 187) [605]: “As is evident from the addition of the concluding phrase ‘or any other similar criteria’,
this list is not exhaustive but only illustrative. Adverse distinction founded on other grounds, such as age, state of health, level of education or family
connections of a [protected] person…would therefore equally be prohibited.”
210.See ICRC Commentary of 2020 (n 187) [609].
211.See Common Article 3 (n 169), Article 4 of Additional Protocol II (n 171), and CIHL (n 172) Rules 87, 90, and 100.
212.See Common Article 3 (n 169), Article 4(2)(e) of Additional Protocol II (n 171), and CIHL (n 172) Rule 93.
213.Article 27 of Geneva Convention IV (n 169).
214.Article 12 of Geneva Convention I (n 169).
215.Article 13 of Geneva Convention III (n 169); Prisoners of war include members of the armed forces as well as members of militias or volunteers that form part
of these forces and who have fallen into the power of the enemy. They also include members of organized resistance movements, inhabitants of non-occupied
territory who take up arms to resist the invading forces, persons who accompany the armed forces, such as war correspondents and military aircraft crews. See
Article 4 of Geneva Convention III (n 169).
216.CIHL (n 172) Rule 136.
217.See Article 77(2) of Additional Protocol I (n 170) and Article 4(3)(c) of Additional Protocol II (n 171).
218.See Article 77(2) of Additional Protocol I (n 170).
219.CIHL (n 172) Rule 25 applicable during IACs and NIACs.
220.Medical units encompass both permanent facilities, such as hospitals, laboratories, and equipment depots, as well as mobile units, including eld hospitals,
rst aid posts, and ambulances. Medical transports refer to any land vehicle, ship, or aircraft designated for the transportation of medical supplies or for
transporting the wounded, sick, or shipwrecked individuals. See [4711] and [4712] of the ICRC Commentary of 1987 (n 189).
221.CIHL (n 172) Rules 28 and 29 applicable during IACs and NIACs.
222.CIHL (n 172) Rule 26 applicable during IACs and NIACs.
223.CIHL (n 172) Rule 30 applicable during IACs and NIACs.
224.CIHL (n 172) Rule 35 applicable during IACs and NIACs.
225.CIHL (n 172) Rule 43.
226.Ibid.
227.CIHL (n 172) Rule 44 applicable during IACs and is argued to apply during NIACs.