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Protection of the Right to Water during armed conflict
International humanitarian law
During times of conflict, the Geneva Conventions of August 1949, and their Additional Protocols of 8 June 1977, provide protection to combatants and civilians alike. They are founded on the idea of respect for the individual and his/her dignity and provide for the supply of basic needs, including water. The Additional Protocols stipulate that the parties to the conflict and the combatants shall not attack the civilian population and civilian objects, including water installations, and shall conduct their military operations in conformity with the recognised rules and standards of humanity.
The Geneva Conventions are binding on virtually every country in the world. Of the total number of 189 State Members of the United Nations, 189 have ratified or acceded to the Geneva Conventions, although fewer states are bound by the two protocols. Some of the provisions of the Geneva Conventions and Protocols such as the prohibitions of deliberate attacks on civilian populations are declaratory of customary international laws and are thus binding on all states - even those that have not ratified these instruments.
Geneva Conventions and Protocols
Geneva Convention III (1949) – Treatment of Prisoners of War
Article 20
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention.
Article 26
Sufficient drinking water shall be supplied to prisoners of war.
Article 29
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics…Also, apart from the baths and showers with which the camps shall be furnished prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
Article 46
The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention.
Geneva Convention IV (1949) - Protection of Civilian Persons in Times of War
Article 85
The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health…Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available.
Article 89
Sufficient drinking water shall be supplied to internees.
Article 127
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention.
Additional Protocol I (1977)- Protection of Victims of International Armed Conflict
Article 54
1. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party.
2. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party: (b) - If not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.
Article 55
1. Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare, which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.
Additional Protocol II (1977) – Protection of Victims of Non-international Armed Conflict
Article 5
b. Persons whose liberty has been restricted…shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene.
Article 14
It is therefore prohibited to attack, destroy, remove or render useless for that purpose, objects indispensable to the survival of the civilian population such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works.
For a detailed list of all of the legal provisions supporting the right to water, including international, regional and national instruments and non-binding declarations, visit the links section.
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