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Impeding Humanitarian Aid Convoys as a Violation of International Law – the “White Road” Convoy Case Study
Ivica Kinder
; Sveučilište obrane i sigurnosti "Dr. Franjo Tuđman"
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Sažetak
For decades, the humanitarian actors have been facing a challenge of secure access to those in need of humanitarian aid. There is a variety of modalities of impeding, from administrative to deterrence and physical violence, while those who impede realization of convoys usually hide their real intentions. Several well-known modalities had arisen during the realization of the Croatian convoy named „White Road for Nova Bila and Silver Bosnia” at the end of 1993, too. The research starts from the strategic context of the armed conflict which had caused the necessity for
the Convoy, as well as from general international legal framework for the delivery of humanitarian aid. Thus, the content of numerous testimonies of direct participants of the Convoy is analyzed across the (dis)obedience of existing obligations provided for by international law. Furthermore, the research provides the insight into the relevant practice of the International Criminal Tribunal for the former Yugoslavia (ICTY) regarding Bosnia and Hercegovina, into selected documents and actions of United Nations bodies, as well as into the opinions of legal authors. The author concludes that the “White Road” convoy had correct and licit purpose, was prepared and approved
on adequate decision-making levels, while carried out impartially and without any kind of discrimination. The series of events to the detriment of the Convoy cannot be attributed to mere coincidence, juncture of circumstances, spontaneity in acting or to the element of war, but rather to the intent and the plan of the Muslim (Bosniak) side. Despite of wide practice of attacks on humanitarian aid convoys, the international criminal judiciary regularly gives priority to war crimes of larger scale and those originating from comprehensive political agendas and plans. Due to such reality the author advocates for a greater engagement of national judiciary systems. Finally, no matter of the time lapse since the „White Road“ convoy, the experience gathered on that occasion can still be beneficial in critical assessment of the role of peacekeeping forces in protection of such convoys.
Ključne riječi
humanitarian aid, convoy, Central Bosnia, White Road, UNPROFOR, Geneva Conventions
Hrčak ID:
322568
URI
Datum izdavanja:
30.9.2024.
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