the human right to water and sanitation in emergency situations

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60 Some rules focus on ensuring that individuals belonging to specific population groups, such as prisoners of war and civilian internees, caught up in international armed conflicts are adequately supplied with fresh water. These rules are: Prisoners of war Civilian Internees Art. 20, 2; 3rd Geneva Convention Art. 46, 3; 3rd Geneva Convention Art. 127, 2; 4th Geneva Convention “Prisoners of war who are being evacuated must be supplied by the Detaining Power with sufficient food and potable water, and with the necessary clothing and medical attention”. The same obligation is laid down for the transfer of prisoners of war. The same obligation is also laid down for the transfer of internees. Stipulations related to the provision of food to these two groups also make reference to water, which must be supplied by the occupying power (3rd Geneva Convention, Articles 20.2, 26.3, 46.3 and 4th Geneva Convention, Articles 89.3 and 127.2). International Humanitarian Law also clearly requires the provision of clothing, bedding, and means of shelter and other supplies essential to the survival of the civilian population in times of international and non-international armed conflicts, to the fullest extent of the means available and without distinction 80 . Finally, according to Ameur Zemmali: «So long as water is a civilian object and indispensable to the survival of the population, warfare against or by means of water is utterly incompatible with the principles and rules of humanitarian law 81 .” This is particularly important in light of the fact that the Rome Statute of the ICC protects civilian objects, and objects indispensable to the survival of the population. (See p.37). As a result, attacking water or water facilities during armed conflict could in many situations constitute a war crime. This offers the hope that parties to an armed conflict will become more accountable for their actions in times of war. 10.3.2. Prohibition relating to the conduct of hostilities: preventive function a) Prohibition to attack, destroy, remove or render useless water installations Article 54 of Protocol I specifically states that it is prohibited to “attack, destroy, remove or render useless (...) drinking water installations and supplies, and irrigation works” in international armed conflicts. The same rule also applies to non-international armed conflicts pursuant to Article 14 of Protocol II. 80/ Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (1977), Article 69, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977), Article 18 81/ Zemmali (A.) The protection of water in times of armed conflict. In: International Review of the Red Cross. 31.10.1995. No. 308, p.550-564 © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 2 - Definition of the right to water and sanitation in emergency situations Where there might seem to be an ambiguity in the definition of “water installations”, Nikolai Jorgensen explains that “Practice seems to indicate that the term does not include smallest elements of the fresh water network, but only the largest entities in so far as they are vital to prevent starvation of the civilian population, both by lack of fresh water itself and lack of fresh water for agriculture”. 82 The words used to designate acts likely to harm such objects are intended to cover all possibilities («it is prohibited to attack, destroy, remove or render useless» such objects), including through pollution by chemical or other agents 83 . According to this rule, warring parties in international armed conflict must respect the following provisions: - Imperative military necessity entitles a party to the conflict to destroy objects indispensable for civilian survival, provided they are situated within the territory under its own control. - Derogation may also be accorded if the destruction of the objects serves as sustenance solely for members of the armed forces or in direct support of military action. - Even in those cases, belligerents must abstain from any action that may be expected to reduce the civilian population to starvation or deprive it of vital water supplies. - Reprisals against objects indispensable for civilian survival are forbidden. - It should be noted that none of these exceptions are foreseen in Additional Protocol II, Art. 14, applicable in non-international armed conflict. b) Prohibition of starvation as a method of warfare In any armed conflict, warring parties are limited in the choice of their methods of warfare. Starvation of civilians as a method of warfare (i.e. as a method used to weaken a population) is expressly prohibited in both international and non-international armed conflicts (Additional Protocol I, Art. 54 and Additional Protocol II, Art. 14) and may be considered a war crime. The importance of water for avoiding starvation is obvious. The prohibition of starvation thus reinforces the right to water of populations affected by armed conflict. c) Prohibition of attacks on works and installations containing dangerous forces (dams and dykes) Attacks on works and installations containing dangerous forces are prohibited. Such works and installations include, in particular, dams and dykes (Additional Protocol I, Art. 56). An exception can be made if the facility is used “in regular, significant and direct support of military operations”. In this context, it is worth noting the stronger protection afforded to dams and dykes in non-international armed conflict. Article 15 of Additional Protocol II does not include an exception based on military necessity 84 . d) Protection of the environment Water resources are an essential part of the natural environment. Some provisions of Additional Protocol I establish protection for the environment during armed conflict, mainly Articles 35 and 55. Article 35 states 82/ Jorgensen (N.) The Protection of Freshwater in Armed Conflicts. In: Journal of International Law and International Relations, Vol. (3) 2, pp. 57-96 83/ Sandoz (Y.), Swinarski (Ch.) and Zimmermann (B.) (eds.) Commentary on the Additional Protocols of 1977 to the Geneva Conventions of 1949, ICRC and Martinus Nijhoff Publishers, Geneva, 1987, para. 2101, p. 655 84/ Whether the provision is more limited under Protocol 2, the scope of the provision does, in theory, still allow for the possibility of bombing a dam where it is a military target and where the damage ensuing from destroying the dam would not harm the civilian population © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 61
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THE HUMAN RIGHT TO WATER AND SANITA
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ACkNOWlEDGMENTS Acknowledgments The
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Foreword fOREWORD Access to safe dr
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Table of contents 6.7. Responsibili
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Art 54. Art 55. Art 5. Art 14. Anne
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IblIOGRApHY Bibliography Right to W
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Bibliography • UN Doc. E/CN.4/Sub
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