Combating Famine in Armed Conflicts under International Humanitarian Law

Authors

  • م.م. اسراء احمد جبار الجامعة المستنصرية Author
  • م.م. افياء ازهر هاشم Author

DOI:

https://doi.org/10.65263/wp5xcw26

Keywords:

starvation, famine, international humanitarian law, armed conflict, Humanitarian Assistance, civilian objects, war crime, military siege, protection of civilians

Abstract

Starvation is considered one of the most serious practices committed during armed conflicts, as it poses a direct threat to the survival of the civilian population and transforms into a method of warfare that extends beyond military objectives to target the essential foundations of civilian life. Despite the clarity of the international legal framework prohibiting and criminalizing starvation—whether under international humanitarian law or international criminal law—the realities of contemporary armed conflicts reveal the continued use of starvation in both direct and indirect forms, through sieges, obstruction of humanitarian assistance, targeting objects indispensable for civilian survival, and disrupting food production chains, ultimately resulting in famine as an intended or foreseeable outcome of military operations.

This research aims to analyze the legal framework prohibiting starvation, trace the development of its recognition as a war crime, and highlight the challenges related to defining famine in contemporary contexts between humanitarian and legal approaches. The study also addresses the obligations imposed on parties to the conflict and the international community to prevent famine, ensure the unhindered passage of humanitarian assistance, and prevent the instrumentalization of food for military or political purposes. Furthermore, the research examines mechanisms for international accountability regarding starvation crimes and the evolving role of the Rome Statute and relevant international resolutions, particularly United Nations Security Council Resolution 2417 (2018). The study concludes that combating famine in armed conflicts requires not only the strengthening of accountability mechanisms but also reinforcing preventive obligations and activating international will to ensure compliance with international humanitarian law and prevent the use of food as a weapon or tool of coercion against civilians.

References

First: international conventions and instruments

1-the Universal Declaration of human rights, 1948.

2-Convention on the prevention and punishment of the crime of genocide, 1948.

3-The Fourth Geneva Convention relative to the protection of civilian persons in time of war, 1949.

4-International Covenant on economic, social and Cultural Rights, 1966.

5-Convention on the elimination of all forms of discrimination against women, 1979.

6-Convention on the rights of the Child, 1989.

7-The First Additional Protocol to the Geneva Conventions of 1977.

8-the Second Additional Protocol to the Geneva Conventions of 1977.

9. the Rome Statute of the International Criminal Court, 1998 .

Second: international resolutions and reports

1-the United Nations Security Council, Resolution No. 2417 (May 24, 2018), document S/RES/2417.

2 - International Committee of the Red Cross, Military Necessity, custom IHL Database.

3 - the International Committee of the Red Cross, Commentary on the Fourth Geneva Convention, Arts 182-183.

4- Doswald-Beck, L. (ed.), San Remo Manual on International Law Applicable to Armed Conflicts at Sea, Cambridge University Press, 1995.

5- FAO, Integrated Food Security Phase Classification (IPC) Technical Manual, Version 3.0, Rome, 2019.

Third: judgments and decisions of international courts

1- Prosecutor v. Tadić, Appeal on Jurisdiction, IT-94-1-AR72 (ICTY, 2 Oct. 1995).

2- Prosecutor v. Akayesu, Appeals Judgment, ICTR-96-4 (ICTR, 1 June 2001).

3- Prosecutor v. Delalić et al., Appeals Judgment, IT-96-21-A (ICTY, 20 Feb. 2001).

4- rosecutor v. Kayishema, Judgment and Sentence, ICTR-95-1-T (ICTR, 21 May 1999).

5- Prosecutor v. Krstić, Judgment, IT-98-33-T (ICTY).

6- Prosecutor v. Blaškić, Judgment, IT-95-14 (ICTY).

Fourth: books

1- Henckaerts, J. & Doswald-Beck, L., Customary International Humanitarian Law, Vol. I, Cambridge University Press, 2005.

2- de Waal, A., Famine Crimes: Politics and the Disaster Relief Industry in Africa, Indiana University Press, 1997.

3- de Waal, A., Mass Starvation: The History and Future of Famine, Polity Press, 2017.

4- Sen, A., Poverty and Famines: An Essay on Entitlement and Deprivation, Oxford University Press, 1981.

5- Sassòli, M., Bouvier, A. & Quintin, A., How Does Law Protect in War?, Volume I, 3rd ed.

6- Melzer, N., International Humanitarian Law: A Comprehensive Introduction, ICRC, 2016.

7- Schabas, W., Genocide in International Law, National University of Ireland, Galway, 2000.

Fifth: articles, researches and studies

1-Shaima Abdul Sattar Jabr Al-Laila, " starving the civilian population as an illegal method of war in international law (the war against Gaza as a model)", Ninawa Journal of Legal Studies.

2- Pejic, J., “The Right to Food in Situations of Armed Conflict,” International Review of the Red Cross, 2001.

3- Nwotite, A., “International Humanitarian Law and the Use of Starvation as a Method of Warfare,” ABUAD Law Journal, 2023.

4- D’Alessandra, F., The War Crime of Starvation in Non-International Armed Conflict, BSG Working Paper, 2019.

5- Akande, D. & Gillard, E-C., Conflict-Induced Food Insecurity and the War Crime of Starvation, Oxford, 2019.

6- Marcus, D., “Famine Crimes in International Law,” Vol. 97.

7- de Waal, A., “Counterinsurgency, Famine and the International Criminal Law of Starvation,” International Affairs, 2017.

8- Fillol Mazo, A., “The Protection of Access to Food for Civilians,” Age of Human Rights Journal, 2020.

9- Dannenbaum, T., “Siege Starvation,” Chicago Journal of International Law, 2021

10- Akande, D. & Gillard, E-C., “Arbitrary Withholding of Consent to Humanitarian Relief,” International Law Studies, 2016.

11- Bassiouni, M. C., “Crimes Against Humanity,” Columbia Journal of Transnational Law, 1994.

12- Blanca Palacián de Inza, Starvation as a Weapon of War, 2022.

13- World Peace Foundation & Global Rights Compliance, The Crime of Starvation and Methods of Prosecution, 2019.

14- McKeon, N., Global Governance for World Food Security, 2011.

15- Oluoko-Odingo et al., “Food Security Governance,” AJFAND, 2024.

16- Tyner, J., “Famine, Violence, and the Intentional Politics of Letting Die,” Political Geography, 2017.

Sixth: websites

1 - https://news.un.org/en/

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Published

2026-06-29

Issue

Section

Legal research