The Laws of Humanitarian Assistance

Abstract

Humanitarian needs represent a longstanding, diverse, and growing set of challenges. The United Nations Office for the Coordination of Humanitarian Affairs estimated that in 2024, nearly 300 million individuals would need humanitarian assistance, reflecting compounding challenges like weather and extreme events, international and non-international armed-conflicts, and outbreaks of infectious diseases. In this humanitarian space, legal considerations are central in shaping the everyday work of humanitarian actors. And yet, as a global field of inquiry, the laws of humanitarian assistance are little understood. This dissertation works to fill that gap. Taking a mixed-method approach that relies on doctrinal analysis and semi-structured interviews with humanitarians, this dissertation explores the laws shaping the work of humanitarian actors. It moves beyond international law to present a comprehensive view which additionally considers domestic law, private law — like memoranda of understanding and donor contracts — and self-governance. In doing so, this dissertation provides distinct insights into key issues bearing on humanitarian assistance like who counts as a humanitarian in law, what is the relative importance of the consent requirement for providing humanitarian assistance, and how do different legal regimes clash over humanitarian assistance. The thesis concludes by offering legal solutions available to humanitarians for navigating these expanded laws of humanitarian assistance and the legal issues they provoke.