5 Customary Rights of NGOs in International Humanitarian Law

Abstract

This chapter examines the rights granted to non-governmental organizations (NGOs) according to international humanitarian law (IHL) treaties and/or in virtue of customary law, including the limitations of these rights. The right for NGOs to offer their services is a general rule, recognised in treaty law and in State practise. The right to have access to the protected persons in armed conflicts, which entails also a certain freedom of movement, has been granted to NGOs in treaty law and recognised in State practise. In international humanitarian law, NGOs have also been granted the right to exert their humanitarian activities in favour of protected persons. The rule that medical personnel should be protected dates back to the 1864 Geneva Convention and was repeated in the 1906 and 1929 Conventions. The rule whereby civilians lose their protection against attack when they take a direct part in hostilities is contained in numerous military manuals.Keywords: armed conflicts; customary law; Geneva Convention; humanitarian activities; international humanitarian law (IHL); medical personnel; military manuals; non-governmental organizations (NGOs); protected persons; treaty law