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Notes
1 ‘Starving Families in Aleppo Fear “Safe Passage” May Be a Trap', The Guardian (London, 30 July 2016) <https://www.theguardian.com/world/2016/jul/30/aleppo-fear-safe-passage-trap> accessed 16 November 2016.
2 WFP, Mobile Vulnerability Analysis Mapping (mVAM) Bulletin 7: September 2016, Syria: Eastern Aleppo City in Distress; Humanitarian Assistance Vital for Food Security in Besieged Areas, <http://documents.wfp.org/stellent/groups/public/documents/ena/wfp287952.pdf> accessed 27 November 2016. See also FAO, Syrian Arab Republic, Situation Report (September 2016), <http://www.fao.org/fileadmin/user_upload/emergencies/docs/Sitrep%20Syria%20_%20September_FINAL.pdf> accesssed 27 November 2016; OCHA, Syria Crisis, Bi-Weekly Situation Report No 16 (31 October 2016), <http://reliefweb.int/sites/reliefweb.int/files/resources/ocha_situation_report_16.pdf> accessed 27 November 2016; Physicians for Human Rights, Syria: Attacks on Doctors, Patients, and Hospitals (December 2011), <https://s3.amazonaws.com/PHR_Reports/syria-attacks-on-drs-patients-hospitals-final-2011.pdf> accessed 27 November 2016.
3 Therése Pettersson and Peter Wallensteen, ‘Armed Conflicts, 1946–2014’ (2015) 52(4) Journal of Peace Research 536.
4 FAO/WFP, Monitoring Food Security in Countries with Conflict Situations. A joint FAO/WFP update for the United Nations Security Council, July 2016, Table 1 <http://www.fao.org/documents/card/en/c/3805c29a-170a-433c-b125-4dbd5199c4e3/> accessed 16 November 2016.
5 Three related monographs plus one United Nations publication underscore that shift: Evelyne Schmid, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law (Cambridge University Press 2015); Amrei Müller, The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law: An Analysis of Health Related Issues in Non-International Armed Conflict (Martinus Nijhoff 2013); Michelle Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation (Cambridge University Press 2007); Transitional Justice and Economic, Social and Cultural Rights (2014) published by the United Nations Office of the High Commissioner for Human Rights. See also Simone Hutter, Starvation as a Weapon: Domestic Policies of Deliberate Starvation as a Means to an End under International Law (Brill/Nijhoff 2015) and Amanda Cahill-Ripley, The Human Right to Water and its Application in the Occupied Palestinian Territories (Routledge 2011).
6 International Court of Justice (ICJ), Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004, [106].
7 Numbers in parentheses in the text refer to page numbers in Giacca's book here under review.
8 ICJ, Case Concerning Armed Activities On The Territory Of The Congo (Democratic Republic of The Congo v Uganda), Judgment, ICJ Reports 2005, [216].
9 For core obligations of the right to health, see Committee on Economic, Social and Cultural Rights [CESCR], Twenty-Second Session, ‘Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: General Comment No 14 (2000): The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights)’ (UN Doc E/C.12/2000/4, 11 August 2000), para 43, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=9&DocTypeID=11> accessed 27 November 2016. For core obligations of the right to water, see CESCR, Twenty-ninth session, ‘Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: General Comment No. 15 (2002) The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)' (UN Doc E/C.12/2002/11 20 January 2003), para 37.
10 See also United Nations Economic and Social Council, CESCR, Thirtieth session, 'Consideration of Reports submitted by States Parties under Articles 16 and 17 of the Covenant, Concluding observations of the Committee on Economic, Social and Cultural Rights, Israel' (UN Doc E/C.12/1/Add.90, 26 June 2003), para 31, where the 'Committee repeats its position that even in a situation of armed conflict, fundamental human rights must be respected and that basic economic, social and cultural rights, as part of the minimum standards of human rights, are guaranteed under customary international law and are also prescribed by international humanitarian law', <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=9&DocTypeID=5> accessed 27 November 2016.
11 The moral obligation to end war should be added here.
12 Convention (IV) Relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV), arts 23 and 59; Protocol Additional (I) to the Geneva Conventions, art 70(2), or Protocol Additional (II) to the Geneva Conventions, art 18.
13 CESCR, General Comment 14 (n 9) para 40 (emphasis added): ‘States parties have a joint and individual responsibility, in accordance with the Charter of the United Nations and relevant resolutions of the United Nations General Assembly and of the World Health Assembly, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task to the maximum of its capacities. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population.'
14 See also Silvia Borelli, ‘The (Mis)-Use of General Principles of Law: Lex Specialis and the Relationship between International Human Rights Law and the Laws of Armed Conflict (February 7, 2015)’ 26; Gerd Oberleitner, Human Rights in Armed Conflict: Law, Practice, Policy (Cambridge University Press, 2015) 103–104.
15 Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, in force 27 January 1980, 1155 UNTS 331
16 Hutter (n 5) 249.
17 On the one hand, Giacca acknowledges the scarcity of international practice dealing with extra-territorial operations of ESC rights (128–29). On the other hand, he also notes that ‘[t]he model of jurisdiction based on the test of effective control over foreign territory is largely acknowledged by the relevant practice of human rights monitoring bodies, such UN treaty bodies, the UN Special Rapporteurs, and international or regional commissions or courts' (136).
18 ‘This means that during an occupation, the occupant may not invoke the temporary nature of their presence to avoid “taking steps” under Article 2 (1) [of the International Covenant on Economic, Social and Cultural Rights] for the progressive realization of the relevant rights beyond the minimum core obligations' (227).
19 See, however, Giacca's reference to United Nations General Assembly, Human Rights Council, Third Session, ‘Implementation of General Assembly Resolution 60/251 of 15 March 2006 “Entitled Human Rights Council”: Report of the Commission of Inquiry on Lebanon pursuant to Human Rights Council resolution S-2/1 (UN Doc A/HRC/3/2, 23 November 2006) paras 284–308, <http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Lebanon%20A%20HRC%203%202.pdf> accessed 27 November 2016.
20 Martii Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960 (Cambridge University Press, 2002) 516–17.
21 ‘Aleppo Doctor: “Shedding tears for the injured children of Syria is not enough”’, The Guardian (London, 18 August 2016) https://www.theguardian.com/world/2016/aug/18/treating-aleppos-child-casualties-we-see-many-like-omran-daqneesh> accessed 16 November 2016.