Conflict-induced food insecurity and the war crime of starvation of civilians as a method of warfare: The underlying rules of international humanitarian law

Abstract

This article examines the rules of international humanitarian law (IHL) relevant to avoiding or minimizing conflict-induced food insecurity. It is important to consider these rules in order to appreciate the range of protections to which civilians are entitled. Understanding these rules is also essential for interpreting the relevant provisions of international criminal law, including, most notably, the war crime of starvation of the civilian population. After providing a brief outline of the general rules of IHL respect of which can reduce the risk of food insecurity, the article focuses on two sets of rules of direct relevance to food insecurity: the prohibition of starvation of civilians as a method of warfare and the rules regulating humanitarian relief operation. With regard to the former, the article considers whether, under IHL, the prohibition requires that the party that has engaged in the conduct must act with the purpose of causing starvation. It is argued that while the general prohibition of starvation in IHL requires such purpose, there are other, more specific, rules of IHL directed at reducing food insecurity which do not require such purpose. Consideration is also given to the application of the principle of proportionality to measures which have the effect of causing starvation.While most of this article focuses on IHL, it also provides some reflections on the interplay between the rules of IHL relating to humanitarian relief operations and the war crime of starvation in the International Criminal Court's Statute. Moving briefly away from IHL, the article also highlights a normative tension that can impede humanitarian action and therefore exacerbate food insecurity.