The in this case is noted taking into
The primary objective of humanitarian action is the
rescue of consideracdas populations in the vulnerable state that is, either in
danger of life or in the case of their
Raw necessities are not satisfeiras as well as their
fundamental rights. As main factors that may be at the root of this
situation of necessity are armed conflicts, famines and epidemics that are
triggered by the post conflict conditions but still natural disasters that are
out of control of man. Humanitarian intervention should, regardless of the
reasons for the crisis itself, provide all necessary assistance for populations
to have access to raw conditions of shelter, food, water drinking as well as
medical assistance if necessary having Always as the main objective to ensure
the safety of the populations affected by the crisis.
The extreme levels of violence, great lack of
security (number of high mortal victims), displacement of population within the
territory in Qiuestão and refuge for neighboring areas are factors that
characterize a complex emergency in the territory in question. But the
difficulties in assisting these populations is visible mainly in regard to the
political and military constraints that jeopardise the safety of the
humanitarian workers who try to act in these areas.
The difficulty experienced in the area of space to
the appearances CDE extremist groups which in this case is noted taking into
account the advancement in the territory of the Group affiliated to the Islamic
State with the name of Boko Haram that affects the four municipalities
countries of Lake Chad. We then identified the countries of Cameroon, Chad,
Nigeria and Niger. The movement of the population is evident since their
dwellings were looted and burned. In addition, the means of production that
guarantee the livelihood of the local population have been destroyed by leaving
no alternative to the populations but to abandon these areas. Poverty and
hunger are a direct consequence of this situation and malnutrition and evident
both in the adult and more alarming in the child.
Since 2009, we have seen frequent attacks in the
Chad Lake region carried out by Boko Haram that decimate populations that
sought refuge. The situation tends to worsen in view of the already precarious
state of the populations in the area.
The United Nations Charter, which regulates the use
of armed force since the end of the Second World War and decrees the rule of
banning the use of the International relations Force, does not provide a legal
framework for unilateral armed humanitarian intervention in crisis
The exceptions in the Charter, that is, use of force
in the framework of self-defence or delegation by the United Nations Security
Council in a State, coalition of States or even an international organization
that used, on its behalf, the armed force. However, the possibility of using
armed force to protect civilians in the event of a humanitarian emergency, not
carried out by the Council, could be a new exception to the general regime
banning the use of armed forces.
The subject of humanitarian interventions has been
revised by establishing constraints and moral conditions for the war to take
The idea of a responsibility to protect civilians
who are endangered by the armed pathway remains a major debate taking as an
example Rwanda in 1994 as well as the situation in Kosovo in 1999 (military
operation of dubious legality since there was no explicit authorisation of the
Co Security Nselho for the use of armed force and yet because the motivations
have not been fully elucidated).
We then saw a reconceptualization of the
relationship between sovereignty and human rights, carried out by Bernard
Kouchner and Mario Bettati with the transmission of the idea of interference in
the work ‘ ‘ Le desavoir of ingestion: Peut-on Les Laisser Mourrir? ‘ ‘. In
this work they advocate a right and even a duty of interference in the event of
a complex emergency without recourse to the consent of the receiving State. In
the 1990 we saw the acceptance by the Security Council of humanitarian
corridors as a means of securing access to the victims. Furthermore, we also
see the acceptance of peacekeeping operations with the implementation of the
armed force in order to establish safe environments for humanitarian relief
operations, in this case as concrete examples the case of Somalia and East
introduced the idea that the sovereignty of the State is not absolute in that
it is required of all States to assume the protection of the population under
its jurisdiction. The disregard for this condition of protecting civilians that
all States must ensure can lead the international community to take on this
responsibility in place of these oppressive States which disregard the
fundamental rights of the population. So. The debate on the right and duty to
intervene has been abandoned by the subject of R2P2,
if necessary by armed military intervention.
The Commission’s report presents three pillars of
action of the international community when the state fails before the
population it is supposed to protect: the first to prevent humanitarian
tragedies; The second, the obligation to react to events; And the third, the
need to help rebuild the country after completing the state of emergency.
Humanitarian intervention is presented as an exception
measure within the measures envisaged under the responsibility to react, which
deviates from the idea of interference in the territory of other States, a duty
to act and the right to do so, to escape criticism from Countries that fear
that the humanitarian pretext would be reflected in the imposition of the
interests of the strongest states by the armed pathway, in areas considered by
them of strategic interest.
In the Security Council, Russia and China are their
main opponents of the responsibility of protecting armed, because they fear a
weakening of the non-interference norm. In the same sense, most of the Afro
countries of the United Nations General Assembly have restrictive understanding
of sovereignty and the principle of non-intervention in internal affairs.
In recent years the discussion in the General
Assembly has focused on the preventive dimension and the need for assistance to
the States and not so much in the possibility of armed reaction.
There seems to be a political consensus forming in
relation to military action, which will remain the sole responsibility of the
Security Council. On the other hand, armed action will only be triggered in
very specific situations, such as genocide, war crimes, crimes against humanity
and ethnic cleansing, and only if the local government is ‘ ‘ clearly failing ‘
‘ protection, as the last refusal.
The failure of international consensus around armed
humanitarian interference has not allowed the political, legal and legitimacy
contours to be clarified, which is still one of the most controversial concepts
in international relations.
of aid to the stricken populations, refugees or confronted with a civil war.
This aid aims to respond to urgent needs in terms of health, infrastructure and
housing. The protection of childhood ET also an important dominion of this
action. There are also needs to rebuild and reestablish
areas of drinking water and energy.
are several assumptions of this type of intervention in urgency that want to ?s
the feeling of humanity, neutrality, impartiality and still independence.
principles constitute the foundation of European humanitarian aid, so
assistance is aimed at the populations in need, without taking into account
ethnicity, religion, sex and political principles.
from that already said we can identify different contexts with regard to
humanitarian crises. In the first phase, identifying the typology of the same,
the crisis caused by conflict, which is a fragile state, is linked to poverty
event of a conflict We can identify two situations. The first, the
situation of acute conflict or any cooperation between military and
humanitarian actors must be avoided.
situation of calm, or without major political conflicts, or the army plays a
role before passing the baton to the actors of aid.
these two situations, actors must set or place the cursor of the possible
case of the fragile states we have first of all to point out that the
definition of the term is not clear so we can highlight two distinct
definitions. According to the OECD a fragile state is a country that is
characterized by a lack of political commitment and little capacity to develop
policies in favor of the disadvantaged because of the presence of violent
conflicts or low level of governance. According to USAID this category
encompasses vulnerable and crisis states.
also necessary to speak of the case of natural catastrophe, not
controlled by man and that since 1975 has been making more victims over the
years and forcing the movement of populations taken by natural events.
as global poverty is concerned, we can say that this is a direct
consequence of alimentárias crises, climate change, economic crisis, major
structural changes that result in Desiquilibrios of the Mondial demographics
(forced urbanization), corruption that although not Recognized exists.
populations have been increasing and are mainly caused by armed conflicts,
violence or violations of human rights, poverty and closes changes with 42
million refugees and 26 million displaced persons. Humanitarian aid developed
in volume, funding and operational capacity.
Impact on the Population
According to the data provided by OCHA on the impacts of the crisis in
the population around Lake Chad 2.3 million of people suffer in this area of
food insecurity and 380 320,000 people included in this number are in 2017 in
extreme food insecurity. In addition to this we can also note in the data
provided that 609,400 of people are included in the movement phenomenon where
407 996 million of these people are refugees and 97 454 are returned. As for
child malnutrition the data count with 438,000 children in a state of
malnutrition and 180 647,000 of these children in extreme situation of
malnutrition. These children are in danger of death if no humanitarian aid is
Women and girls are subjected to sexist violence in this area where they
are targeted for kidnapping, detained, raped and forced to marry. Treated as
simple objects, all human rights are violated in this attack against females. Having
regard to the Universal declaration of Human Rights and taking into account
only the initial articles, i.e. article no. 1 to article 53,
we see that not only is there an abuse on the freedom and well-being of the
person as a violation of the totally ignored gender equality. We are then faced
with the violation of the most basic human rights that must be safeguarded by
all the States and that, if these States cannot guarantee such freedoms, this
must be guaranteed by other States through humanitarian intervention.
”One woman in Dalori camp in Maiduguri told my colleagues her
seventeen-year-old son was killed in front of her by militants, who then
dragged her fifteen-year-old daughter away with them. Sadly, her story is not
unusual. We must ensure that there is accountability for these horrific acts of
violence.” (O’Brien, 2015)
The populations, attempting to escape the conflict, move around looking
for safety and the food shortage that is a direct consequence of this conflict.
The insecurity that this conflict causes is an obstacle to culture and other
activities related to the food sector thereby preventing livelihood for local
populations. Driven by these problems populations tend to take refuge in
neighbouring countries that suffer from subsistence problems themselves.
The escape of these populations does not signified a better life since
the refugee camps are saturated and the access to food and water is extremely
difficult. Conditions these provide for the spread of diseases such as
hepatitis E, malaria and
cholera that make the situation even more difficult for populations already weakened
and also for intervention.
1 International Commission on Intervention and State sovereignty.
Responsibility to protect: the global principle that nations have an obligation
to protect their populations against genocide, war crimes, ethnic cleansing,
and crimes against humanity, and that the international community must assist
3 Article I : All human
beings are born free and equal in dignity and rights (…) ; Article 2 : Everyone is entitled
to all the rights and freedoms set forth in this Declaration without distintion
of (…) sex(…) ; Article 3 :
Everyone has the right to life, liberty and security of person. ; Article 4 : No one shall be held
in slavery or servitude (…) ; Article
5 : No one shall be subjected to torture or to cruel (…) treatment or
punishment. (10 December 1948)