Stavation & sexual violence

Article 54(1) of Additional Protocol I and Additional Protocol II, Article 14

The prohibition of starvation as a method of warfare is codified in Article 54(1) of Additional Protocol I and Additional Protocol II, Article 14. Under the Statute of the International Criminal Court, “intentionally using starvation of civilians as a method of warfare” is a war crime in international armed conflicts (Article 8).

Article 54 - Protection of objects indispensable to the survival of the civilian population

 1. Starvation of civilians as a method of warfare is prohibited.

Article 14 & 17 Geneva Convention IV

General protection of population against certain consequences

aren't looking at the whole population, we are looking at the most vulnerable

This is a binding obligation on the road to nowhere - the legal obligation to try, not to achieve.

Article 17 of the Lieber Code (1863)

Here it is lawful to stave the hostile belligerent but no mention of the civilian population

“Art. 17. War is not carried on by arms alone. It is lawful to starve the hostile belligerent, armed or unarmed, so that it leads to the speedier subjection of the enemy.”

ICRC Study Rules on Starvation

Rule 53 - The use of starvation as a method of warfare is prohibited.

 

Rule 54 - Attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population is prohibited. [IAC/NIAC]

 

Notes on 54:

• This comes from: Article 54(2) of AP1 and Article 14 of AP2

• Suggests that Article 14 of AP2 has had a much more formative influence on the unanimous rule.

• When you read into the detail you come across a paragraph entitled "exception"

• "It is doubtful however whether this exception also applies to non-international armed conflicts" They are confusing things but ultimately they are saying:

  • The whole of AP1 is customary international law even though the rule is formulated as the AP2 rule

  • The ICRC is challenging the rule in AP2.

 

The ICRC is trying to fuse them together and then explain why they are different.

This ultimately reaffirms AP1 and AP2.

Humanitarian assistance in an IAC

Geneva Convention IV:

Article 23 - Consignment of medical supplies, food and clothing

Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.

Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.

Article 70 - Relief actions

1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies mentioned in Article 69 , relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions.

The Fourth Geneva Convention requires States to “allow the free passage of

all consignments of medical and hospital stores” intended only for civilians

and “the free passage of all consignments of essential foodstuffs, clothing and

tonics intended for children under fifteen, expectant mothers and maternity

cases”.56 Additional Protocol I broadens this obligation to cover “rapid and

unimpeded passage of all relief consignments, equipment and personnel”.57

This broadening is generally accepted, including by States not, or not at the

time, party to Additional Protocol I.

gaza context - starvation

Since the Israeli offensive in Gaza started in October 2023, following the Hamas attacks, aid access has been severely restricted. Within this broad pattern, Israel has imposed three separate all-but-total blockades of about 90 days – twice on northern Gaza and once on the entire strip. When the UN and others have warned of imminent famine, as they did in March and November 2024, Israel briefly relaxed some controls to increase the flow of supplies, only to tighten them again after international attention faded. This cruel cycle exploits a deadly distinction. In the terminology used by the UN-led humanitarian apparatus, “famine” is a statistical threshold requiring specific consumption gaps, death rates and acute malnutrition levels. “Starvation” – the process of organs shrinking, the immune system breaking down, cognition dimming – begins long before. Observers may debate whether Gaza’s plight has crossed the line, but in the meantime, biology does not wait. The Integrated Food Security Phase Classification (IPC), the yardstick the UN uses, reports that all 2.2 million Palestinians in Gaza are facing life-threatening food insecurity; over half are in Phase 4 (Emergency), surviving on scraps; nearly a quarter are in Phase 5 (Catastrophe), where food vanishes and communities fall apart. Each round of deprivation and partial recovery compounds life-long, even intergenerational damage.

Seemingly, Israel is using the  Integrated Food Security Phase Classification (IPC) in the same way that torturers in Guantanamo were measuring oxygen saturation level through pulse oximeters. when waterboarding their prisoners. According to Rule 53 of the ICRC study The use of starvation of the civilian population as a method of warfare is prohibited.

Humanitarian aid in occupation - treaty articles

Geneva Convention IV

 

Article 55 - Food and medical supplies for the population

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.

The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.

 

Article 56 - Hygiene and public health

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.

Article 59 - Relief I. Collective relief

If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.

Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.

All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.

A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.

 

Notes:

• There is no guidebook for us to be able to have a signal for when an inadequate supply is going to lead to a humanitarian catastrophe. It is more subjective.

• The occupying power is allowed to search the consignments, regulate their passage about prescribed times and routes.

• The humanitarian assistance that is trying to enter into Gaza - they can lead to places where there are gangs to loot the foodstuffs.

Humanitarian aid in NIAC

Non-international Armed Conflict -

• There is a tension between humanitarian necessity and state sovereignty

• Human suffering must be addressed, prohibition of arbitrarily withholding of consent

• States need to give a consent to deny access, they have sovereignty - that right is not absolute -

  • There is debate about who can give this consent in a NIAC

 

AP II - Article 18 - Relief societies and relief actions

1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organizations, may offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.

2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.

 

Arbitrarily withholding of consent - For example, denying foot assistance with the intent to cause starvation. Article 14 of AP2 and ICRC customary rule 53.  Also when it is disproportionate and unreasonable. States need to provide arguments for why they are withholding consent.

 

IHRL - ICCPR article 6 - specific minimum standard about standard of living

 

For example:

• UNSC Resolution 2139 - on Syria can override governments not giving consent

• Resolution 2165 - Giving the UN agencies the ability to use specific corridors to deliver that humanitarian aid

 

If you are blocking humanitarian access, then that can be considered a war crime.

ICTY example

ICRC rule on humanitarian aid

ICRC Rule 55 - The parties to the conflict must 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. [IACs and NIACs]

Changes from consent to control - the ICRC didn't feel that they could simply announce that there was an obligation to allow and facilitate. Civilians in need seems to be what is operating here, but the treaty rules are actually quite different, and we should question whether that can be held with the idea of need itself.

Commentary: “If it is established that a civilian population is threatened with starvation and a humanitarian organisation which provides relief on an impartial and non-discriminatory basis is able to remedy the situation, a party is obliged to give consent.”

“Practice further indicates that a party that imposes a siege, blockade or embargo which has the effect of starving the civilian population has an obligation to provide access for humanitarian aid for the civilian population in need (see commentary to Rule 53).

“With respect to occupied territories, the Fourth Geneva Convention imposes an obligation on the occupying power to ensure food and medical supplies for the population.82 It would make sense, although practice does not yet clarify this, to require all parties to a conflict to ensure their populations have access to the basic necessities, and if sufficient supplies are unavailable, to appeal for international assistance and not wait until such assistance is offered.”

UNSC involvement - aid

The UN Security Council, for example, has called for unimpeded access for humanitarian relief efforts in Iraq and in all areas affected by the conflict between Armenia and Azerbaijan.

1999 - the UN Security Council resolution called on all parties to armed conflicts “to ensure the full, safe and unhindered access of humanitarian personnel and the delivery of humanitarian assistance to all children affected by armed conflicts”.

Rome Statute Article 8

Under the Statute of the International Criminal Court, “wilfully impeding relief supplies” as part of the use of starvation of civilians as a method of warfare is a war crime in international armed conflicts.

ICC Statute, Article 8(2)(b)(xxv)

The expressions “outrages upon

personal dignity” and “any formof indecent assault” refer to any formof sexual

violence. Under the Statute of the International Criminal Court, “committing

rape, sexual slavery, enforced prostitution, forced pregnancy . . . enforced sterilization,

or any other formof sexual violence” also constituting a grave breach

of the Geneva Conventions or also constituting a serious violation of common

Article 3 of the Geneva Conventions constitutes a war crime in international

and non-international armed conflicts respectively.

Furthermore, “rape, sexual

slavery, enforced prostitution, forced pregnancy, enforced sterilization, or

any other form of sexual violence of comparable gravity” constitutes a crime

against humanity under the Statute of the International Criminal Court and

“rape” constitutes a crime against humanity under the Statutes of the International

Criminal Tribunals for the Former Yugoslavia and Rwanda

Rule 93 ICRC Study

Rule 93. Rape and other forms of sexual violence are prohibited.

[IACs and NIACs]

The prohibition of rape under international humanitarian law was already recognised in the Lieber Code (article 44).

Rape or other forms of sexual violence in the GCs & APs

While common Article 3 of the Geneva Conventions does not explicitly mention rape or other forms of sexual violence, it prohibits “violence to life and person” including cruel treatment and torture and “outrages upon personal dignity”.

Article 14 - the Third Geneva Convention provides that prisoners of war are in all circumstances entitled to “respect for their persons and their honour”

Geneva Convention IV -

Article 27 - Treatment I. General observations

Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.

 

Article 76 - Protection of women

1. Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault.

Article 77 - Protection of children

1. Children shall be the object of special respect and shall be protected against any form of indecent assault.

The prohibition of “outrages upon personal dignity” is recognised in Additional Protocols I Article 75(2) and AP II Article 4(2) as a fundamental guarantee for civilians and persons hors de combat. Article 75 of Additional Protocol I specifies that this prohibition covers in particular “humiliating and degrading treatment, enforced prostitution and any form of indecent assault”, while Article 4 of Additional Protocol II specifically adds “rape” to this list.

Cases of prosecution for rape

National case-law has confirmed that rape constitutes a war crime, 1946 in the Takashi Sakai case before the War Crimes Military Tribunal of the Chinese Ministry of National Defence

In the John Schultz case in 1952, the US Court of Military Appeals held that rape was a “crime universally recognized as properly punishable under the law of war”.

With respect to the definition of rape, the International Criminal Tribunal for the Former Yugoslavia considered in its judgement in the Furundzija case in 1998 that rape required “coercion or force or threat of force against the victim or a third person”

The International Criminal Tribunal for Rwanda in the Akayesu case in 1998 held that “rape is a form of aggression”

The International Criminal Tribunal for the Former Yugoslavia in the Delalic case held that rape could constitute torture when the specific conditions of torture were fulfilled

1907 Hague Convention - Rape and sexual violence?

Regulations: Art. 46 Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.

Chinkin, Christine Women's International Tribunal on Japanese Military Sexual Slavery

Purpose of the Tribunal:
The Women’s International War Crimes Tribunal 2000, held in Tokyo, was a people’s tribunal organized by civil society to address Japan’s responsibility for the system of military sexual slavery (“comfort women”) during the 1930s–1940s. It aimed to hold high-ranking military and political leaders, including Emperor Hirohito, accountable for crimes against humanity, and to address the failure of official legal systems to do so.

How the Tribunal Operated:

• Prosecution teams from ten countries presented evidence.

• Over seventy-five survivors testified in person; others provided affidavits and video interviews.

• Evidence included testimonies, historical documents, expert reports, and material showing that the sexual slavery system was organized and sanctioned by the Japanese military and state.

• The tribunal strictly observed procedural fairness and invited the Japanese government to participate — it refused.

Findings and Judgment:

• The preliminary judgment found Emperor Hirohito guilty under the principle of command responsibility, establishing that he knew or should have known about the crimes.

• Japan was found legally responsible for violations of international law on slavery, forced labor, trafficking, and rape.

• The tribunal recommended reparations and memorialization measures for survivors.

Broader Significance:

• Although unofficial and without legal authority to enforce rulings, the tribunal had strong symbolic and moral force.

• It exemplified civil society acting as an international actor to challenge state impunity and fill accountability gaps.

• It highlighted how people’s tribunals can complement formal courts and truth commissions, combining public acknowledgment, historical record-building, and moral condemnation.

• It was notable for being:

  1. Held in the accused country (Japan);

  2. Focused on gendered crimes, historically minimized in peace processes;

  3. Driven by grassroots organizers and survivors, not just prominent public figures.

Legacy and Lessons:

• Reinforced the need for recognition, reparations, and historical truth for victims.

• Demonstrated how gender-focused civil society action can reshape international legal discourse, especially regarding wartime sexual violence.

• Contributed to a growing historical record that counters official denial and promotes healing for survivors.

• Slavery: The 1926 Slavery Convention defined slavery and required states to prevent and suppress it.

• Forced Labor: The 1930 Forced Labour Convention (ILO Convention No. 29) required the suppression of forced or compulsory labor.

• Treatment of Civilians and Prisoners: While the Hague Conventions (1899, 1907) and related customary laws governed the conduct of armed forces, they implicitly covered protections against forced labor and abuses of civilians.

• Rape as a war crime: Although not explicitly codified at that time, rape was prohibited under the laws and customs of war (Hague Regulations) as an attack on civilian dignity.