Does international law permit the provision of humanitarian assistance without host State consent? : territorial integrity, necessity and the determinative function of the General Assembly / Rebecca J. Barber

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Document type:

Article

Title:

Does international law permit the provision of humanitarian assistance without host State consent? : territorial integrity, necessity and the determinative function of the General Assembly

Author zone:

Rebecca J. Barber

Host item entries:

Yearbook of international humanitarian law, Vol. 23, 2020, p. 85-121

Languages:

English

General Note:

Bibliography : p. 115-120

Abstract:

This chapter considers whether, in cases where there is overwhelming humanitarian need and the host State will not consent to humanitarian assistance, there is any legal alternative to exclusive reliance on the Security Council. It first interrogates the view that humanitarian assistance provided without consent violates territorial integrity, and then considers whether non-consensual humanitarian assistance may be justified by circumstances of necessity. It then considers whether the UN General Assembly could play a role by making a legal determination regarding a state of necessity, which would have the effect of precluding the wrongfulness of an internationally wrongful act.

Authors: