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17.8 IMPARTIAL HUMANITARIAN ORGANIZATIONS AND HUMANITARIAN ACTIVITIES DURINGNIACAn impartial humanitarian body, such as the International Committee of the Red Cross,may offer its services to the parties to the conflict. 121 The civilian population may, even on itsown initiative, offer to collect and care for the wounded, sick, and shipwrecked. 122 Similarly, theUnited Nations Educational, Scientific and Cultural Organization may offer its services to theparties to the conflict. 12317.8.1 State Consent for Humanitarian Organizations. The activities of relieforganizations are subject to the consent of the State concerned. 124States may withhold consent for, inter alia, legitimate military reasons, but should notarbitrarily withhold consent. 125 The safety of personnel of humanitarian organizations is alegitimate consideration for a government in consenting to their operations.17.9 PROTECTION OF THE CIVILIAN POPULATION IN NIAC17.9.1 Displacement of the Civilian Population. The displacement of the civilianpopulation shall not be ordered for reasons related to the conflict unless the security of thecivilians involved or imperative military reasons so demand. 126 Should such displacements haveinternational conflicts where such facilities are more likely to become an object of military attack, therefore, is veryimportant.”).121 GWS art. 3 (“An impartial humanitarian body, such as the International Committee of the Red Cross, may offerits services to the Parties to the conflict”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3 (same). ConsiderAP II art. 18 (“Relief societies located in the territory of the High Contracting Party, such as Red Cross (RedCrescent, Red Lion and Sun) organizations, may offer their services for the performance of their traditionalfunctions in relation to the victims of the armed conflict.”).122 Consider AP II art. 18(1) (“The civilian population may, even on its own initiative, offer to collect and care forthe wounded, sick and shipwrecked.”).123 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 19(3) (“The United Nations Educational, Scientific andCultural Organization may offer its services to the parties to the conflict.”).124 Consider AP II art. 18(2) (“If the civilian population is suffering undue hardship owing to a lack of the suppliesessential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which areof an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shallbe undertaken subject to the consent of the High Contracting Party concerned.”).125 Detailed Analysis of Provisions, Attachment 1 to George P. Shultz, Letter of Submittal, Dec. 13, 1986, MESSAGEFROM THE PRESIDENT TRANSMITTING AP II 6 (“For its part, the United States would expect that the requirement ofconsent [in article 18 of AP II] by the party concerned would not be implemented in an arbitrary manner, and thatessential relief shipments would only be restricted or denied for the most compelling and legitimate reasons.”).126 Consider AP II art. 17(1) (“The displacement of the civilian population shall not be ordered for reasons related tothe conflict unless the security of the civilians involved or imperative military reasons so demand.”).1035

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