Professor Ayman Salama
Right to humanitarian assistance during armed conflicts whether international or non-international should not be manipulated by strategic economic or geopolitical interests. It should also be emphasized that humanitarian aid in general must being short-term in nature and responsive to immediate needs, during the armed conflict and withdraw immediately when finished that armed conflict. It should also be stressed that humanitarian aid during armed conflicts should not be a way (tool) to swaps political, economic, or other, whether from relief organizations or parties to international or non-international armed conflict.
Any party has the right to adhere to the refusal, even if the reasons that justify its refusal are purely military, such as the cooperation of the organizations responsible for providing relief with the other party to the conflict, and this in itself constitutes a convincing refusal as it is contrary to the conditions and requirements of humanitarian action, which is the commitment to the principle of neutrality, or the refusal is based on the basis that military and security necessity may be a justification for not expressing approval for humanitarian relief, or for postponing it to a later time, and this is what article (71/Part 3) of Additional Protocol I stipulates that (…it is permissible in the case of military necessity only urgent measures, limiting the activities of relief workers or temporarily restricting their movements).
Those authorized to work in humanitarian relief shall have the freedom of movement necessary to carry out their functions. Their movement may be temporarily restricted only in cases of compelling military necessity.
It is important to stress that ensuring humanitarian access that is “neutral, independent, impartial and not motivated by any non-humanitarian interests” must be considered a sine qua non conditio. Therefor there is not any sort of contradiction between state permit to these organisations to aid those who are extremely suffering from the disastrous repercussions of the armed conflict and the state sovereignty.
In conclusion, despite many international practices that enshrine the right to humanitarian aid and the need for it to reach those in need during the conflict The Armed Forces, as well as the international resolutions that are frequently issued by the General Assembly of the United Nations and the Security Council, but the judicial decision issued by the Court of Justice Nicaragua in 1986 ( ICJ, Military and Paramilitary Activities in and against Nicaragua(Nicaragua v. United States of America), Judgment, ICJ Reports 1986.