Humanitarian aid workers belonging to UN organisations, PVOs / NGOs or the Red Cross / Red Crescent have traditionally enjoyed both international legal protection, and de facto immunity from attack by belligerent parties. However, attacks on humanitarian workers have occasionally occurred, and became more frequent in the 1990s and 2000s. This is attributed to a number of factors, including the increasing number of humanitarian workers deployed, the increasingly unstable environments in which they work, and the erosion of the perception of neutrality and independence.
Legal basis for protection of humanitarian workers
The legal basis for protection of humanitarian workers in conflicts is contained in the Geneva Conventions of 1949 and the related Protocol of 1975. These treaties describe the category of civilian non-combatant and outline the rights of obligations of non-combatants during conflict. These rights include the right to be treated humanely; to have access to food, water, shelter, medical treatment, and communications; to be free from violence to life and person, hostage taking, and humiliating or degrading treatment; and the prohibition against collective punishment or imprisonment. Civilian non-combatants include local citizens and nationals of countries that are not party to the conflict.
While the Geneva Conventions guarantee protection for humanitarian workers, they do not guarantee access of humanitarian workers to affected areas: governments or occupying forces may, if they wish, ban a relief agency from working in their area. Médecins Sans Frontières was created in 1971 with the express purpose of ignoring this restriction, by providing assistance to populations affected by the Biafran civil war despite the prohibitions of the government of Nigeria.
In addition, the Geneva Conventions do not require that parties to the conflict guarantee the safety of humanitarian workers. The Conventions prohibit combatants from attacking non-combatants, and they require occupying forces to maintain general order. However, the Conventions do not require that combating parties provide security escorts, for example, when other factions threaten the safety of non-combatants operating in their area.
Trends in risks faced by humanitarian workers
Wars between states became much less common in the period following the end of the Cold War. Unfortunately, these wars have been largely replaced by an increased incidence of internal conflict and resulting anarchy, increasing the risk to civilians and humanitarian workers alike.
Between 1985 and 1998 just under 50% of deaths were in workers from UN programmes. 25% were UN peacekeepers.
Most deaths of aid workers are due to deliberate violence.
One third of deaths occur in the first three months of deployment, with 17% occurring within the first 30 days.
Source: Sheik, Gutierrez, et al, British Medical Journal 2000;321:166–8
Countries with the highest number of aid workers killed (1997 -2003)
Angola: 58 (mostly as a result of anti-aircraft attacks on two UN planes by UNITA in 1998 and 1999 and by landmines)
South Sudan - August 6, 2000 - 8 aid workers killed in Sudan when vehicle was attacked near the border with Uganda.
Atambua , Belu District , West Timor, Indonesia - September 6, 2000 - Five UNHCR staff members, Mr Samson Aregahegn (Supply Officer); Mr Carlos Caceres-Collazo (Protection Officer); and Mr Pero Simundza (Telecommunications Operator) and two Indonesians were killed when their office was attacked by militia.
Ghazni, eastern Afghanistan - November 16, 2003 - UNHCR staff person Bettina Goislard was shot dead by motorcycle-borne gunman while travelling by car.
Kandahar, Southern Afghanistan - March 24,2003 - ICRC Staff member Ricardo Munguia shot and killed in ambush north of Kandahar City.
2004
Kabul, Afghanistan - February 26, 2004 - Five Afghans working for the Sanayee Development Foundation were killed when their vehicle was ambushed northeast of Kabul.
Mosul, Iraq - March 15, 2004 - Larry Elliott, Jean Dover Elliott, Karen Denise Watson, and David McDonnall were killed in a drive-by shooting. They were US missionaries for Southern Baptist International Mission Board .
Kabul, Afghanistan - April 28, 2004 - Two Afghan aid workers and a soldier were killed in an attack in the Panjwayi district of southern Kandahar city.
Badghis province, Afghanistan - June 3, 2004 - Five staff working for Médecins_Sans_Frontières were killed on the road between Khairkhana and Qala-I-Naw, resulting in the complete withdrawal of MSF from Afghanistan. The names of the murdered staff were: Hélène de Beir, Willem Kwint, Egil Tynaes, Fasil Ahmad and Besmillah.
Darfur, Sudan - October 10, 2004 - A Save the Children vehicle was hit by an anti-tank landmine in the Um Barro area of North Darfur, Sudan. Two members of staff travelling in the vehicle were killed, Rafe Bullick (British, Programme Manager, North Darfur) and Nourredine Issa Tayeb (Sudanese, Water Engineer).
