[BLANK_AUDIO] The question of whether there is a right to humanitarian assistance is widely debated within the humanitarian community. Please watch the following short video by Professor Brauman. Who discusses the existence of a right to humanitarian assistance. >> Is there a right to humanitarian assistance? My guess is that most people will say, yes of course, there is a right to humanitarian assistance because humanitarian assistance is about bringing. Nice, and youthful, it is life saving services to people most need it so it's sort of taken for granted that there is a right to humanitarian assistance. But this is not the case. There's no such thing as a right to humanitarian assistance. There is a right of humanitarian assistance, which is in cases of war. International humanitarian law which is the rights and duties of humanitarian organizations acting in the way according to the principles that are incarnated by the international committee of the Red Cross. So yes, there is a right of humanitarian assistance, there is a right to humanitarian assistance does not really exist and in times of peace. Its up to government to accept or to reject propositions of humanitarian aid, that are offered to them. You know the to, humanitarian systems, to part of the population of it's country, it's perfectly legal for a government to refuse the, the, an offer of humanitarian assistance. It's more problematic, more tricky to say in times of war, where international humanitarian law applies. There is, there are conventions nd all governments are suppose to abide by these humanitarian rules that are brought together in this idea chain corpus. >> As mentioned by Professor Browman, the provision of humanitarian assistance in times of war and natural disaster will be seen by some as an obvious right. However, in reality, the right to humanitarian assistance is not as clear cut. In order to understand why this is the case, we need to situate the right two humanitarian systems within international humanitarian law. The various conventions and international treaties signed by member states of the international community. Which makes up the core of international humanitarian law. Provides some guidance with regards to when, under what conditions, and who can receive humanitarian assistance. In times of armed conflict, the Geneva Conventions of 1949 and their additional protocols provide the international community. The guidelines regarding the regulation and conduct of armed combat. More specifically, the convention sets out provisions for those who are not taking part in the fighting. These being civilians, aid workers, as well as wounded combatants and prisoners of war. Within the Geneva Conventions it is the fourth Geneva Convention that stipulates the rights of civilians to humanitarian assistance. Specifically in times of international armed conflict. We are able to deduce the existence of duties and obligations regarding humanitarian assistance, from the fourth Geneva convention and addition protocol. They affirm that in cases of international armed conflicts, the occupying power has the responsibility of maintaining the welfare of civilians within its territory, adequately supplying them with relief goods essential for their survival. The occupying power has the duty of ensuring and maintaining with the cooperation of national and local authorities. The medical and hospital establishments and services, public health and hygiene in the occupied territory. However, in the event that the occupying power is unable to provide such relief, it is obliged to accept humanitarian assistance from third parties. These being other states and impartial humanitarian organizations such as the international committee of the Red Cross. And provide free passage and protection for the relief goods provided by third parties. From this, we are able to deduce that there is most certainly a right of humanitarian assistance. Some would go further and suggest that the conventions infer that a right to receive humanitarian assistance exists from the obligation to undertake relief operations, and the obligation to accept offers of humanitarian assistance. Due to the fact that today, most wars are of an internal nature rather than international, we also need to consider the right to humanitarian assistance in situations of non-international armed conflict. In such context the provision of humanitarian assistance is guided by common article 3, of the 1949 Geneva Conventions, described as a mini convention within the conventions. With regards to the regulation of humanitarian assistance in noninternational conflicts, article 3 simply states that. An impartial humanitarian body such as the International Committee of the Red Cross may offer its services to the parties to the conflict. Article 18 of the 2nd additional protocol, expands upon article 3 and stipulate that relief organizations located in the territory where the conflict is taking place, may offer there services for the performance of traditional functions in relation to the victims of armed conflict. If the civilian population is suffering undue hardship owing to lack of the supplies essential for its survival, such as foodstuffs and medical supplies. Relief actions for the civilian population, which are an exclusively humanitarian or impartial nature, and which are conducted without any adverse distinction, shall be undertaken, subject to the consent of the high contracting party concerned. When comparing the right to humanitarian assistance in international conflict and non-international conflict, it is important to note the laws guiding the provisions of humanitarian assistance is much weaker in internal conflicts than in international conflicts. As you will recall, in international conflicts, there is a duty of the state to provide humanitarian assistance to civilians. And if it cannot, it is obliged to accept and consent to the provision of humanitarian assistance. However, in cases of civil conflict, the state on whose territory who the conflict is taking place, must provide consent to the humanitarian organizations. This is out of the need to respect their national sovereignty. It is important to stress that international humanitarian law is well established with the regards to the position of humanitarian assistance in situations of armed conflict. But less so in times of natural disaster.