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Chapter 17 - Starvation and Access to Humanitarian Relief (Rules 53–56)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Rule 53. The use of starvation of the civilian population as a method of warfare is prohibited.

Practice

Volume II, Chapter 17, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International armed conflicts

While in 1863 the Lieber Code still stated that “it is lawful to starve the hostile belligerent, armed or unarmed, so that it leads to the speedier subjection of the enemy”, by 1919 the Report of the Commission on Responsibility set up after the First World War listed “deliberate starvation of civilians” as a violation of the laws and customs of war subject to criminal prosecution. The prohibition of starvation as a method of warfare is codified in Article 54(1) of Additional Protocol I. This provision was generally considered new at the time of the adoption of Additional Protocol I but since then has hardened into a rule of customary international law. Under the Statute of the International Criminal Court, “intentionally using starvation of civilians as a method of warfare” is a war crime in international armed conflicts.

The prohibition of starvation is set forth in numerous military manuals. Starvation of civilians as a method of warfare is an offence under the legislation of many States. This rule is also supported by official statements and other practice.

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Publisher: Cambridge University Press
Print publication year: 2005

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