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Legal regulation of the activities of public and humanitarian organizations that provide assistance to war victims and victims

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 05.06.2024

Lawyer

Legal regulation of the activities of public and humanitarian organizations that provide assistance to war victims and victims

In situations of armed conflict, the activity of public and humanitarian organizations to provide assistance to injured civilians is extremely important. Consultation of a lawyer and careful analysis of documents are necessary to ensure proper legal regulation of the work of such organizations and protection of their status.

According to the norms of international humanitarian law, states are obliged to facilitate the unhindered activity of humanitarian organizations that provide assistance to the civilian population and victims in the conflict zone. This is enshrined in the Geneva Conventions and Additional Protocols.

The legal opinion on this issue should be based on the principles of humanity, impartiality and independence of humanitarian organizations. States should not create obstacles to the provision of assistance to affected persons on the basis of ethnic origin, religion or political opinion.

The lawyer's legal opinion must clearly define that the workers of humanitarian organizations enjoy special protection in accordance with the norms of international humanitarian law. Any attacks on them or interference with their activities is considered a serious violation and should be investigated.

During the consultation, the lawyer should explain to the representatives of public and humanitarian organizations their rights and obligations, as well as the available legal protection mechanisms in the conditions of a military conflict. This may include appeals to national courts, international human rights bodies or special humanitarian missions.

The legal opinion should also consider the issue of humanitarian organizations' access to affected persons and their locations. States are obliged to ensure the safe and unhindered access of humanitarian personnel and cargo in accordance with the norms of international law.

The lawyer's legal opinion should contain recommendations on the procedures for registration and accreditation of humanitarian organizations, as well as determining their status and powers in the context of a military conflict. Careful analysis of documents such as organizations' charters, mandates and agreements with states is essential to ensure the transparency and legality of their activities.

During the consultation, the lawyer should also pay attention to the need for humanitarian organizations to cooperate with national and international mechanisms for the protection of human rights to document violations and help bring the guilty to justice.

The legal opinion should take into account the specific challenges faced by humanitarian organizations in the context of military conflict, such as restrictions on freedom of movement, delays in obtaining permits, destruction of infrastructure and threats to the safety of personnel.

The lawyer's legal opinion should focus on the importance of ensuring the independence and impartiality of humanitarian organizations, as well as protecting their personnel from harassment, censorship or illegal interference by the state or other parties to the conflict.

In summary, the lawyer's consultation and legal opinion should emphasize that the states are obliged to provide appropriate legal conditions for the activities of public and humanitarian organizations that provide assistance to affected persons in the conflict zone, as well as to guarantee their safety and independence in accordance with the norms of international law.

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