Original scientific paper
https://doi.org/10.59245/ps.33.1.2
Status and Possible Further Development of the Prohibition of Starvation of Civilian Population in Armed Conflicts
Dijana Gracin
; Croatian Defence Academy “Dr. Franjo Tuđman”
Ivica Kinder
; Dr. Franjo Tuđman Defence and Security University
Abstract
The main objective of the research is to determine whether the legal rules of international law of armed conflict and international criminal law regarding the prohibition of starvation of civilians as a method of warfare are appropriate to the increasingly widespread practice of starvation in armed conflicts and what the main challenges are. The authors analyze the content and scope of relevant rules, including those that indirectly refer to the prohibition of starvation – for the protection of vulnerable groups, siege, blockade, evacuation, humanitarian relief operations, etc. They take a dynamic and critical approach to this issue. They dynamically analyze the evolution of the prohibition of starvation of civilians under international law from World War II to the present, drawing on relevant examples from international jurisprudence, the work of international bodies and the opinions of legal authors. The authors apply a critical approach to address the need for greater moral stigmatization of starving civilians in armed conflicts. As a part of the critical approach, they see the need for consistent use of the term "starvation", especially when opening new criminal proceedings against the order issuers and perpetrators. They point to the need for patient research and documentation in each case to gather evidence to the best possible extent. Regarding the existing international legal framework, they see the possibility of creating additional legal rules by introducing a distinction between the basic and qualified forms of a criminal offence.
Keywords
starvation, siege, blockade, humanitarian aid, ICTY, Rome Statute
Hrčak ID:
315546
URI
Publication date:
10.4.2024.
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