The Humanitarian Law Principle of Independence Versus the European Union’s Missionary Principle

Morten Broberg

doi:10.1093/yel/yex002

The Humanitarian Law Principle of Independence Versus the European Union’s Missionary Principle

Centre for Climate Change Law and Governance

Abstract

According to public international law, humanitarian aid must comply with four fundamental principles, one of which being the principle of independence. Duly complying with this principle means that the humanitarian objectives must be autonomous from political, economic, military, or other objectives, and the principle serves to ensure that the sole purpose of humanitarian aid remains to relieve and prevent the suffering of victims of humanitarian crises. This requirement places the European Union—one of the world’s largest donors of humanitarian aid—in a dilemma since, arguably, the Union’s treaty-bases simultaneously require that it promotes, amongst others, principles of democracy, rule of law, human rights, and free trade when providing humanitarian aid to third countries. This article analyses this dilemma. It points out that whilst conflicts only arise infrequently, there have been occasions where they have indeed arisen, and it is argued that the principle of independence takes precedence over the treaty-based duty to promote ‘European values’.

Originalsprog	Engelsk
Tidsskrift	Yearbook of European Law
Vol/bind	36
Sider (fra-til)	810-828
Antal sider	19
ISSN	0263-3264
DOI	https://doi.org/10.1093/yel/yex002
Status	Udgivet - 23 apr. 2017

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10.1093/yel/yex002

The Humanitarian Law Principle of Independence Versus the European Union’s Missionary Principle - published versionForlagets udgivne version, 4,25 MB

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Citationsformater

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The Humanitarian Law Principle of Independence Versus the European Union’s Missionary Principle

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