Parties to conflict frequently justify delays impos! on humanitarian movements by invoking imperative military necessity or because military operations may endanger humanitarian personnel.
Temporary Denials Bas! on Imperative Military Relief Personnel
The uncertainty on the boundary has l! to humanitarians being reluctant to denounce . To take appropriate measures to counter restrictions on movement in areas of active hostilities. This, in turn, has embolden! parties to conflict to deny movements under the pretext of military necessity or to ensure telegram number database the physical safety of humanitarian personnel, to the detriment of civilians most in ne!.
Some Considerations for Sanctions Investigators Stemming from the Different Approaches
A stand-alone designation criterion, arguably, has significant implications for the modus operandi of sanctions investigators in their fact-finding investigations.
The first is that in regimes with a stand-alone criterion, Panels of Experts ne! not seek for, or provide to the UNSC information that demonstrates the “unlawfulness” of the denial of humanitarian assistance. This is because the UNSC, in these sanction regimes, can impose sanctions irrespective of the lawfulness, intent, motive, purpose, or consequences of the obstructions, as long as these obstructions fall within its Chapter VII mandate. In other words, as long as these obstructions are a threat to peace, security, and stability czechia businesses directory in the contexts under UNSC review, individuals and entities that engage in obstructions can be sanction!.
Purely from an IHL perspective, it is likely permissible (in a situation that does not contribute to they us! lead generation starvation) for a reasonable commander to delay supplies reaching civilians in a particular geographical area for two-weeks because intelligence indicat! an almost certain diversion to the enemy.
The commander may justify the delay on the grounds that measures were being taken to ensure that civilians were the end beneficiaries. While only speculation by the author, she does not discount the possibility that if designations in the South Sudan regime were dependent on IHL, this particular designation may not have met the threshold.