Humanitarian workers, whether from international or national humanitarian organizations, carry out very important tasks in providing assistance to those in need, especially in conflict or disaster situations. To ensure the safety and smooth running of their duties, there are various legal bases that provide special protection.
International Legal Basis
1. International Humanitarian Law (HHI)
The 1949 Geneva Conventions are a collection of international treaties that govern the treatment of war victims, including civilians, prisoners of war and medical personnel. This four-point convention expressly protects medical personnel and humanitarian volunteers. It guarantees their freedom to carry out humanitarian duties, and provides protection against attacks and arbitrary detention.
Geneva Additional Protocols I and II extend the protections of HHI, including protections for humanitarian workers working in non-international conflict zones. These protocols extend the protections provided by the Geneva Conventions, particularly in the context of non-international armed conflict. The Protocol explicitly mentions the protection of medical personnel and humanitarian workers, and defines specific signs indicating their neutral status.
2. Rome Statute of the International Criminal Court
This statute establishes war crimes, crimes against humanity, and genocide as unpardonable international crimes. Attacks on medical and humanitarian personnel fall under the category of war crimes.
National Legal Basis
Every country generally has laws or regulations governing the organization of humanitarian activities and the protection of humanitarian workers. These laws often adopt the principles contained in HHI.
In Indonesia, there are several legal bases that have been established for humanitarian workers. These include:
Law No. 1/2018 on Volunteerism which regulates the organization of volunteerism in Indonesia, including the protection of humanitarian workers who use the Red Cross emblem.
Law No. 24/2007 on Disaster Management which regulates disaster management in Indonesia, including the protection of volunteers and humanitarian workers involved in disaster management activities.
Various legal protections for humanitarian workers above are regulated in such a way, the goal is of course to ensure the safety and security of humanitarian workers, so that they can carry out their duties without fear or threat. In addition, the world community also agrees to ensure access to humanitarian assistance can reach those in need.
However, despite the various legal bases that protect humanitarian workers, violations still exist. Such as the abuses committed by Israel against Palestinians and now spilling over into Lebanon. The Israeli genocide in the State of Palestine is inevitably one of the most destructive conflicts of the 21st century. In the one year since the attack on October 7, 2023, Israel has caused 41,825 deaths, 96,910 injuries, and more than 10,000 people reported missing under the rubble.
The war has not only targeted civilians, but has also destroyed much of the infrastructure in civilian areas of the country, endangered and killed health workers, and destroyed homes, schools, and entire neighborhoods.
Indonesian Foreign Minister Retno Marsudi recently delivered a strong statement condemning Israel’s attack on humanitarian workers serving refugees. She emphasized that humanitarian workers cannot be labeled as terrorists. Humanitarian workers have an important role in helping victims of conflict and that they must be protected from attacks.
In this case, Dompet Dhuafa continues to provide humanitarian assistance to the people of Palestine who are experiencing crimes against humanity. Dompet Dhuafa also strongly condemns the aggression carried out by the Israeli Zionists.
Dompet Dhuafa is also committed to continue to voice its solidarity and struggle with the people of Palestine in achieving their independence, both through prayer and concrete actions. Donations for Palestine are always open at any time for anyone. Let’s lend a hand, unite steps, together with Dompet Dhuafa for the State of Palestine through digital.dompetdhuafa.org/donate/jagapalestina. (Dompet Dhuafa)
Text: Riza Muthohar
Photo: Dompet Dhuafa Assets
Editor: Dhika Prabowo