the human right to water and sanitation in emergency situations

- Part 2 - Definition of the right to water and sanitation in emergency situations
CHApTER 10 - THE HUMAN RIGHT TO WATER AND SANITATION IN
SITUATIONS Of ARMED CONflICT: THE lEGAl fRAMEWORk
This section outlines and clarifies the provisions of International Humanitarian Law which apply to the
protection of water in time of war and, by extension, which contribute to protecting the right to water
and sanitation of populations affected by armed conflict, whether international or non-international.
10.1. Key message
Given the fact that International Humanitarian Law is the body of law specifically applicable in situations of
armed conflict, and that some of its provisions are water-related, it has to be considered as a counterpart
to those aspects of human rights law that deal with the right to water and sanitation. By proscribing and
prohibiting certain behaviour in order to prevent shortage of fresh water or denial of access to fresh water
in situations of armed conflict, IHL can be said to complement human rights standards, and thus the right
to water and sanitation, even though it contains no explicit mention of the “right to water and sanitation”
as such.
10.2. Background
Armed conflict is one of the primary obstacles to the realization of the right to water and sanitation. War
disrupts all stages of access to the fresh water that is essential for human survival, jeopardizing inter
alia transport, treatment/processing, and consumption. In addition to the absolute necessity of water for
physical survival, lack of this vital element can also have a critical impact on civilians by threatening crops
and livestock, inhibiting protection against disease, and forcing displacement of persons. Today’s armed
conflicts are currently depriving millions of people of drinking water. These same conflicts could eventually
affect freshwater causing severe harm both to civilians and to the environment.
Moreover, denial of access to water can be used as a method of warfare or as part and parcel of a military
strategy. During conflicts, civilian populations may be deprived of water resources for various reasons,
including to starve or to displace them 72 . Equally, water may itself be targeted by the conflict through
contamination or pollution and damage or destruction of water infrastructures. Water facilities are particularly
vulnerable to attack in conflict and can be targeted deliberately to induce civilians to flee. Sometimes
water facilities suffer indirectly from assaults on other parts of the infrastructure, which are considered as
military objectives, resulting in electricity cuts and shortages of fuel and chemical products. Destruction of
an electrical generator can affect water supply systems. Shortage of water can increase the incidence of
disease and epidemics.
72/ Interview: ‘What IHL says about water?’ ICRC, 22.3.2007 Available at http://www.icrc.org/web/eng/siteeng0.nsf/html/
water-ihl-interview-220307
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