Does IHL provide tools to avert food insecurity and famine?
Yes, it does. First of all, starvation of civilians as a method of warfare is absolutely prohibited. Related to this, international humanitarian law sets out a non-exhaustive list of “objects indispensable to the survival of the civilian population” which benefit from heightened protection: foodstuffs, agricultural areas, crops, livestock, drinking water installations and supplies and irrigation works. It is prohibited to attack, destroy, remove, or otherwise render useless these objects except for very exceptional circumstances.
There are many more rules on the conduct of hostilities that apply. If parties to a conflict had more respect for them while planning and carrying out their military operations, the impacts of armed conflict on food insecurity in the world could be better mitigated.
To begin with, general rules on distinction, proportionality and precautions provide protection to civilian objects. They must not be the object of attack and the use of indiscriminate means or methods of warfare is also prohibited. Foreseeable direct and indirect effects of attacks on the civilian population are also relevant to the application of these rules. So land, infrastructure and other objects essential to ensuring food and water production, distribution and supply, such as markets or power stations, benefit from that protection even if IHL treaties do not expressly refer to them as an “object indispensable to the survival of the civilian population”.
In addition, IHL prohibits or restricts use of a range of weapons that can have widespread and long-lasting negative impacts on food security. These include prohibitions on of poison, biological, and chemical weapons, restrictions on use of herbicides as a weapon, and prohibitions and restrictions on use of anti-personnel mines, cluster munitions, and nuclear weapons.
As well, employing weapons and tactics that are intended, or may be expected, to cause widespread, long-term, and severe damage to the natural environment is strictly prohibited.
Last but not least, a whole set of rules prohibits attacks on dams, dykes, and nuclear power plants if such attacks may cause the release of dangerous forces that would cause severe losses among the civilian population. Obviously, the release of dangerous forces may cause the contamination of land and water supplies, destroy livestock, and affect atmosphere and climate, and thus increase the risk of food insecurity and famine. These rules are critical for the protection of civilians.
While the respect for these rules will help mitigate the impacts of warfare on food insecurity, it is important to recall that even where hostilities are conducted in compliance with IHL the conflict will have many indirect impacts on food security and food systems. These impacts must be monitored closely to ensure that affected people have access to sufficient food and quality of food.
In addition, there are rules on humanitarian relief that are designed to play a key role in averting food insecurity or famine.
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