Using international humanitarian law as a lever in your humanitarian negotiations

In the humanitarian field, professionals are often confronted with complex negotiation contexts, whether with local authorities, non-state armed groups or other stakeholders. In such situations, international humanitarian law (IHL) emerges as an essential tool, offering both a legal framework and a powerful strategic lever.

What is international humanitarian law (IHL)?

International humanitarian law (IHL) is a set of international rules designed to limit the effects of armed conflict on people and property. Its main aim is to protect those who are not, or are no longer, taking part in hostilities, such as civilians, humanitarian workers, the wounded and prisoners of war. It also regulates the means and methods of warfare in order to reduce unnecessary suffering.

Why is international humanitarian law crucial to negotiations?

IHL is not limited to protecting populations affected by armed conflict. It also provides a solid basis for defending the interests of humanitarian actors in negotiation situations. By referring to fundamental principles such as humanity, neutrality, impartiality and independence, humanitarian professionals can strengthen their credibility and position in the face of often skeptical interlocutors.

For example, when it comes to ensuring safe access to a conflict zone, invoking the provisions of the Geneva Conventions serves as a reminder of the obligations of parties to the conflict towards civilian populations and humanitarian teams. This can be decisive in opening up constructive dialogue and establishing common ground.

To find out more, read our article "What is the role of IHL (International Humanitarian Law) in humanitarian negotiations? 

Key steps for integrating IHL into your negotiations

• In-depth knowledge of context and stakeholders: Understanding the political, economic and cultural dynamics of a region is an essential step before any negotiation. For example, identifying the motivations of armed groups or local authorities will help you anticipate their objections and prepare arguments based on IHL.
• Training in IHL: To be credible, it is crucial that humanitarian teams are trained in the principles and mechanisms of IHL. This includes the ability to quote relevant articles of the Geneva Conventions, or to cite recent case law in support of your claims.

Discover our humanitarian negotiation training courses to reinforce these skills.

• Building a case based on IHL: It's essential to present your claims in a structured way, highlighting the positive consequences for all parties. For example, access to civilian areas can be defended by stressing its importance in reducing local tensions and avoiding a deterioration in the humanitarian situation.
• Maintaining a neutral, impartial stance: Neutrality is one of the pillars of humanitarian negotiations. Adopting an impartial approach and avoiding any political or military stance helps to strengthen your credibility and build trust.

The challenges of negotiating with non-state actors

When humanitarian actors negotiate with non-state armed groups, the issues become even more complex. These groups may perceive it as a tool of interference. In such cases, it is essential to explain the legal principles and adapt them to their reality.

Effective strategies include :

• Raising awareness of the benefits that compliance with IHL can bring to their own image and objectives. 
• Establishing partnerships with respected local organizations that can act as intermediaries.

Conclusion

International humanitarian law is much more than just a set of rules: it's a powerful lever for humanitarian actors. By using it strategically, you can maximize your chances of success in critical negotiations while affirming the core values of your mission. Feel free to explore our resources and training courses to develop your humanitarian negotiation skills.