I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
In international humanitarian law, the wounded and the sick must be
collected and cared for, prisoners must be fed and sheltered, and an
occupying Power must to the fullest extent of the means available to it
ensure food and medical supplies, public health and hygiene in a territory
it occupies.
The Committee on Economic, Social and Cultural Rights, referring to the
right to food, has demonstrated how these three principles apply in practice.
It has stated that “the right to adequate food, like any other human right,
imposes three types or levels of obligations on States parties: the obligations
to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates
both an obligation to facilitate and an obligation to provide. The obligation
to respect existing access to adequate food requires States parties not to take
any measures that result in preventing such access. The obligation to protect
requires measures by the State to ensure that enterprises or individuals do
not deprive individuals of their access to adequate food. The obligation
to fulfil (facilitate) means the State must proactively engage in activities
intended to strengthen people’s access to and utilization of resources and
means to ensure their livelihood, including food security. Finally, whenever
an individual or group is unable, for reasons beyond their control, to enjoy
the right to adequate food by the means at their disposal, States have the
obligation to fulfil (provide) that right directly.”18
An example of the interaction of the three modes of protection in international
humanitarian law is provided by the obligations of belligerents towards
the education system of the adverse party. Schools may not be attacked;
they are presumed not to make an effective contribution to military action.
Once under the control of the enemy, in an occupied territory, their proper
working must be facilitated by the occupying Power and, in the last resort,
should local institutions be inadequate, the occupying Power must make
arrangements for the maintenance and education, if possible by persons
of their own nationality, language and religion, of children who are
General comment No. 12 (1999) on the right to adequate food, para. 15.
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