Practice Relating to Rule 55. Access for Humanitarian Relief to Civilians in Need

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13. Do not block the entry of food, health services and education to the civilian populace as a way to defeat the enemy. If you plan to neutralize the enemy through this method, the civilian population will surely be affected. However, “government forces may prevent or limit the entry of service workers (eg. DSWD [Department of Social Welfare and Development] personnel) and the delivery of goods into an area of armed conflict if the same will interfere directly with ongoing combat operations, or will endanger the lives or safety of service workers or those delivering the goods. Any dispute arising from the restriction of the flow of goods and services shall be resolved by the Peace and Order Council concerned.” 

The Occupant must not in any way whatsoever divert relief consignments from their intended purpose except in cases of urgent necessity and then only in the interest of the population of the occupied territory as a whole and with the consent of the Protecting Power … The Occupant must facilitate the rapid distribution of these consignments. 

War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :

War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :

[The following are] considered as war crimes:

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B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:

“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 

Using starvation of civilians as a method of warfare by depriving them of objects indispensable for their survival, including intentionally impeding relief supplies as provided for under the 1949 Geneva Conventions and their 1977 Additional Protocols is punishable by life imprisonment. 

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 

A member of the military or police shall be imprisoned for a period of no less than eight and no more than 15 years if he or she in the context of an international or non-international armed conflict:

A member of the military or the police shall be punished with deprivation of liberty of not less than six years and not more than twenty-five years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:

“War crime” shall also mean any of the following acts committed in armed conflicts:

Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:

Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:

Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.

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1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:

Art. 264b

Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.

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1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:

26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.

26.3. The following are war crimes:

14. The State’s arguments are based on norms of international customary law, which specifies the basic obligations applying to parties engaged in an armed conflict, and requires the parties to ensure the wellbeing of the civilian population and protect its dignity and fundamental rights. It would not be superfluous to add that, under customary international humanitarian law, every party to the conflict must refrain from impeding the passage of basic humanitarian relief to the population requiring such in areas under the control of that party to the conflict …

15. The above indicates, therefore, that the Respondents do not disagree that they are bound by the humanitarian obligations imposed upon them, which require the State of Israel to allow passage of vital humanitarian goods to the Gaza Strip …

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22. … [T]he State of Israel is required to act against the terrorist organizations within the framework of the law and in accordance with the dictates of international law, and to refrain from deliberately harming the civilian population located in the Gaza Strip. 

We are gravely concerned by the serious violations of international human rights and humanitarian law committed by Israel [in the occupied territories] … Increasing numbers of movement and access blockades … are worsening the humanitarian situation. Even the flotilla carrying relief supplies to the Gaza Strip in international waters was not spared from the Israeli attacks.

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We express our deep concern over the precarious humanitarian situation, and urge Israel to lift its embargo against Palestinians and immediately open all border crossings to allow for the free movement of … humanitarian aid. 

… Belgium condemns in the strongest terms the refusal to grant access to humanitarian workers in conflict situations. … The [Security] Council must use all of its influence in order to guarantee total access in full security for humanitarian staff. 

requests the court to adjudge and declare …:

That Yugoslavia (Serbia and Montenegro) and its agents and surrogates are under an obligation to cease and desist immediately from its breaches of the foregoing legal obligations, and is under a particular duty to cease and desist immediately:

While the Government of Sudan is responsible for the lack of protection afforded to civilians and for many of the serious violations of human rights and international humanitarian law amounting to crimes … rebel groups and armed militias share the responsibility for such egregious crimes as well. … Armed groups are also carrying out attacks against humanitarian workers, impeding their ability to help an increasingly vulnerable population. Sadly, unimpeded humanitarian access in Darfur is still not fully realised.

We call on the Government of Sudan to acknowledge these violations of human rights and international humanitarian law, and for it and all parties to the conflict in Darfur to take the necessary measures to halt the atrocities being committed against the civilian population and to respect their international legal obligations. Furthermore, armed militias and rebel groups must immediately cease all actions that impede the delivery of humanitarian aid. 

The brutal conflict in Syria represents a stark example of how much work remains to be achieved to better protect civilians who are routinely victims of deliberate and targeted attacks, as are hospitals, medical facilities and health care workers. The result is that people in desperate need are denied lifesaving humanitarian assistance. … We call on the Security Council … to issue a resolution allowing for the cross-border delivery of humanitarian assistance.

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While the crisis in Syria is perhaps the most prominent example of current challenges to the protection of civilians, it is far from unique. …

In too many instances, humanitarian access is politicized and deliberately constrained. Civilians in need of assistance are held hostage to the whims of governments and of non-state armed groups trying to achieve their own political gains. 

Cuba expresses its strong concern at the constant deterioration of the situation in the Occupied Palestinian Territory, including East Jerusalem, owing … to … illegal policies and practices, like the inhumane and destructive measures of collective punishment of the Palestinian civilian population, which violate the rights of the Palestinian people and worsen their socio-economic condition, resulting in a dire humanitarian crisis.

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Israel continues with its closure policy, including the incessant sealing off of the Gaza Strip and the unjust and inhumane blockade of its inhabitants. 

This year, following the criminal attack committed by the special forces of the Israeli Army, in the early morning of 31 May, against a flotilla of ships that were in international waters and were carrying humanitarian aid to the Palestinian people living in the Gaza Strip, Cuba called on the international community to request the Israeli authorities to immediately lift the illegal, ruthless and genocidal blockade against the Palestinian people in the Gaza Strip.

Notwithstanding, for the fourth consecutive year, Israel continues to severely limit … the movement of … goods, including food and medicine. The prohibition on the entry of building materials has prevented ... reconstruction …

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Reconstruction work in Gaza after the war has not materialised as a result of the intransigence of the Israeli government and the complicated bureaucratic procedures for the entry of construction materials. Cuba condemns Israel’s aggressive policy, which ignores the repeated calls by the international community and the successive resolutions adopted by different organs of the United Nations, in flagrant violation of international law. 

Reconstruction work in Gaza after the war has not materialised as a result of the bureaucratic red tape and restrictions that the Israeli government applies to access for construction materials.

As part of the inhumane blockade against the inhabitants of the Gaza Strip, Israel continues to severely limit the freedom of movement of Palestinians, imposing a humiliating and discriminatory network of hundreds of checkpoints, continues with its policy of closed borders, imposes physical barriers on roads used by Palestinians, limits the movement of persons and goods such as food, medicine, fuel and other essential humanitarian supplies. 

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

[At the time of the 1984–1985 famine in northern Ethiopia,] to make matters worse, Mengistu refused to allow food to be distributed in areas where inhabitants were sympathetic to the EPLF [Eritrean People’s Liberation Front], TPLF [Tigray People’s Liberation Front], or other antigovernment groups, a strategy that resulted in the deaths of tens of thousands. When a new famine emerged in late 1989, threatening the lives of 2 million to 5 million people, Mengistu again used food as a weapon by banning the movement of relief supplies along the main road north from Addis Ababa to Tigray and also along the road from Mitsiwa into Eritrea and south into Tigray. As a result, food relief vehicles had to travel overland from Port Sudan, the major Red Sea port of Sudan, through guerrilla territory into northern Ethiopia. After an international outcry against his policy, Mengistu reversed his decision, but international relief agencies were unable to move significant amounts of food aid into Eritrea and Tigray via Ethiopian ports. 

Violations of humanitarian law are ever increasing, as the current crises are unfortunately there to remind us, whether we are looking at Darfur, Somalia, Gaza, Sri Lanka or the Kivus. … Worse still, access to victims is often not guaranteed and those who come to their aid are regularly targeted, obstructed or harassed.

We must react! 

There have never been as many humanitarian personnel deployed in the field but the barriers imposed on their action have never been so many …

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The NGOs expelled from Darfur must be able to return. The humanitarian actors must have access to the civilians imprisoned at the combat zone in Sri Lanka. They must be able to accomplish their mission in Afghanistan, in Iraq, in the Democratic Republic of Congo and in Somalia, without becoming targets or hostages of the forces present [in the field] …

… [E]very time a country prevents humanitarian personnel from assisting the civilian population, France will act at the international level in order to condemn the action of such country.

… No country has the right to take its people hostage … [I]t is unspeakable that an established power obstructs the entry of humanitarian assistance. 

During the reporting period, the Government of Georgia has been consistently continuing its policy aimed at ensuring full enjoyment of the rights provided in the Covenant for the entire State population. To this end, the obstacles of outstanding gravity were imposed by the war with the Russian Federation in August 2008 and subsequent occupation of two regions – Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia. From … early 2008, the security and human rights situation in the mentioned regions tangibly aggravated … The terrorizing and discriminatory acts included, but were not limited to … cutting the humanitarian access and the utility supplies to the villages … 

There are new actors in the area of the protection of civilians in armed conflict whom we have to deal with. More than ever before, we need constructive engagement with non-State armed groups. They not only have the potential to deny humanitarian actors humanitarian access; they actually do it. 

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

8. [The delegate of Malaysia] said that …

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10. … [t]he laws of naval warfare incorporated the fundamental principles of international humanitarian law, including necessity and proportionality …

11. [and that]… [u]nder the established laws of naval blockade, a blockade was prohibited … if it was used to prevent the free passage of relief consignments. 

We are dismayed and surprised by the grave events that took place along the coasts of the Mediterranean off the Gaza Strip today. We condemn in the strongest terms the armed attack carried out by the armed forces of Israel in international waters against the flotilla of civilian boats seeking to carry humanitarian aid to the inhabitants of the Gaza Strip. …

[R]estrictions on access to humanitarian assistance … are serious violations of the norms and principles of international humanitarian law, in accordance with the Geneva Conventions of 1949 and their Additional Protocols of … [1977]. They also constitute international crimes. We also believe that actions of that type, which are contrary to international law, arbitrarily limit the right to the freedom of legitimate navigation.

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Such regrettable facts confirm that the blockade on Gaza … deeply affects the civilian population … Therefore we once again urge the Government of Israel to lift the blockade against the Gaza Strip so as to allow the access of humanitarian aid to the population, whose situation has been grounds for great concern to the international community since the end of the conflict in that territory in January 2009. 

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

36. The former Special Representative of the [UN] Secretary-General on Children and Armed Conflict Mr. Olara Otunnu was invited by the Government to visit Sri Lanka in May 1998, to add strength to the advocacy campaign against child recruitment. … The LTTE [Liberation Tigers of Tamil Eelam] made the following commitments in relation to children in armed conflict to Mr. Otunnu during his meeting with the LTTE[:]

37. These commitments were not implemented by the LTTE. …

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109. Children vulnerable to recruitment in the war affected areas have had continued access to immunization services. National Immunisation Days were carried out in conflict areas even during the height of the conflict, in the 1990s. These activities were undertaken through the organisation of “Days of Tranquillity” and “Corridors of Peace” by the Government and Ministry of Health in collaboration with UNICEF and civil society organizations such as Rotary. The programme enabled parents to bring their children to immunisation centres. All services were provided by local Ministry of Health staff. INGOs [international NGOs] and NGOs in addition to Rotary helped in such activities, including ICRC and UNHCR. The LTTE did not create barriers to such activities at that time.  [footnote in original omitted]

One of the primary concerns of humanitarian law and policy is to guarantee access to victims and to provide assistance to them. However, it frequently occurs that one or several of the parties in conflict impede or prohibit access to these populations or that it is impossible to ensure the security of humanitarian actors. This was once more clearly evident in the Gaza Strip at the end of 2008 and at the beginning of 2009. Switzerland called upon all the parties to the conflict to allow rapid and unimpeded humanitarian access and to protect medical personnel, hospitals and other medical units. 

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… Humanitarian aid – despite its impartial, neutral and independent character – is thus only authorized with hesitation when it is used by insurgents. …

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Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. It prohibits, for example, the refusal of humanitarian assistance, thus obliging the parties to the conflict to ensure at any moment the protection of civilians against the dangers resulting from military operations.  [footnotes in original omitted]

The unhindered delivery of humanitarian relief to all parts of Bosnia and Herzegovina, including the population of Sarajevo, should get under way immediately. To this end … effective measures must be taken to stop anyone from hindering the delivery of humanitarian assistance. 

The United Kingdom Government has been horrified at the continued evidence of massive breaches of international humanitarian law and human rights in the former Yugoslavia … [including] the deliberate obstruction of humanitarian relief convoys. 

We have serious concerns about the Israeli restrictions on Gaza and the impact they have on the lives of Gazans. Although there is no permanent physical Israeli presence in Gaza, given the significant control that Israel has over Gaza’s borders, airspace and territorial waters, Israel retains obligations under the [1949] Fourth Geneva Convention as an occupying power. …The restrictions currently imposed on the passage of relief supplies are, as we see it, a disproportionate response to the security threat.

The extent of Israeli restrictions, and the threat to Israel from militants in Gaza, varies constantly. Rather than focus on whether the restrictions at any given time amount to collective punishment, we have consistently pressed the Israeli Government to comply with their obligations under international law … This was the message my right honourable friend the Foreign Secretary delivered in his meetings with Israeli leaders during his recent visit to the region. 

Unfortunately, in many conflict affected countries humanitarian access is increasingly unsafe, delayed and otherwise restricted, leaving millions of vulnerable people deprived of life-saving protection and assistance. 

Condemns all violations of international humanitarian law, including … the deliberate impeding of the delivery of food and medical supplies to the civilian population of the Republic of Bosnia and Herzegovina, and reaffirms that those that commit or order the commission of such acts will be held individually responsible in respect of such acts. 

Determining that the magnitude of the human tragedy caused by the conflict in Somalia, further exacerbated by the obstacles being created to the distribution of humanitarian assistance, constitutes a threat to international peace and security,

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5. Strongly condemns all violations of international humanitarian law occurring in Somalia, including in particular the deliberate impeding of the delivery of food and medical supplies essential for the survival of the civilian population, and affirms that those who commit or order the commission of such acts will be held individually responsible in respect of such acts. 

5. Reaffirms also its condemnation in the strongest terms of all acts of violence or abuses committed against civilians in situations of armed conflict in violation of applicable international obligations with respect in particular to … (vii) the intentional denial of humanitarian assistance, and demands that all parties put an end to such practices. 

Reiterates its concern over the restrictions and all the impediments placed on the movements of UNMIS personnel and materiel, and the adverse impact such restrictions and impediments have on UNMIS ability to perform its mandate effectively and on the ability of the humanitarian community to reach affected persons; and calls upon all the parties to abide by its international obligations in this regard. 

The Security Council reaffirms its demand that all parties and others concerned, in particular Serb paramilitary units, cease and desist forthwith from all violations of international humanitarian law being committed in the territory of Bosnia and Herzegovina, including in particular the deliberate interference with humanitarian convoys. The Council warns the parties concerned of serious consequences, in accordance with relevant resolutions of the Security Council, if they continue to impede the delivery of humanitarian relief assistance. 

[The Security Council] is deeply concerned that, in spite of its repeated demands, relief efforts continue to be impeded by Serb paramilitary units, especially in the eastern part of the country, namely in the enclaves of Srebrenica, Cerska, Goražde and Žepa.

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… It regards the blockade of relief efforts as a serious impediment to a negotiated settlement in Bosnia and Herzegovina …

The deliberate impeding of the delivery of food and humanitarian relief essential for the survival of the civilian population in Bosnia and Herzegovina constitutes a violation of the Geneva Conventions of 1949 and the Council is committed to ensuring that individuals responsible for such acts are brought to justice.

The Council strongly condemns once again the blocking of humanitarian convoys that has impeded the delivery of humanitarian supplies. 

The Security Council is shocked by and extremely alarmed at the dire and worsening humanitarian situation which has developed in Srebrenica … following the unacceptable decision of the Bosnian Serb party not to permit any further humanitarian aid to be delivered to that town …

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Recognizing the imperative need to alleviate, with the utmost urgency, the sufferings of the population in and around Srebrenica, who are in desperate need of food, medicine, clothes and shelter, the Council demands that the Bosnian Serb party cease and desist forthwith from all violations of international humanitarian law, including in particular the deliberate interference with humanitarian convoys. 

The Security Council … deplores the failure of the parties to honour the agreements they have signed … to permit the delivery of humanitarian assistance. …

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The Security Council strongly deplores the abhorrent practice of deliberate obstruction of humanitarian relief convoys by any party. … The Council further demands that all parties fully abide by their commitments in this regard and facilitate timely delivery of humanitarian aid. 

The Security Council attaches great importance to humanitarian assistance in Haiti, including the unimpeded delivery and distribution of fuel used for humanitarian purposes. It will hold responsible any authorities and individuals in Haiti who might in any way interfere with the delivery and distribution of humanitarian assistance under the overall responsibility of PAHO or who fail in their responsibility to ensure that this delivery and distribution benefits the intended recipients: those in need of humanitarian assistance. 

The Security Council notes with particular concern reports of the recurrent obstruction and looting of humanitarian aid convoys destined for the civilian population of Maglaj, including the most recent incident which took place on 10 March 1994, in which six trucks were prevented from reaching the town. 

The Security Council … also condemns the ongoing interference by [the former Rwandan leaders and former government forces and militias] and individuals in the provision of humanitarian relief, and is deeply concerned that this interference has already led to the withdrawal of some non-governmental agencies responsible for the distribution of relief supplies within the [refugee] camps. 

The Security Council considers the uninterrupted delivery of humanitarian assistance to be a crucial factor in the overall security and stability of Somalia. In this respect, the closure of Mogadishu main seaport and other transportation facilities severely aggravates the present situation and poses a potential major impediment to future emergency deliveries. The Council calls upon the Somali parties and factions to open those facilities unconditionally. 

The Security Council … calls upon all Afghan parties and, in particular, the Taliban, to take the necessary steps to secure the uninterrupted supply of humanitarian aid to all in need of it and in this connection not to create impediments to the activities of the United Nations humanitarian agencies and international humanitarian organizations. 

Condemns all deliberate impedance of the delivery of food, medical and other supplies essential for the civilian population, which constitutes a serious violation of international humanitarian law and international human rights law, … and demands that all parties ensure that all persons under their control cease such acts. 

10. Strongly condemns the denial of appropriate access by non-governmental organizations to Kosovo, … calls upon the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) to take all measures necessary to eliminate these unacceptable practices forthwith. 

7. Strongly condemns … any act or failure to act, contrary to international law, which obstructs or prevents humanitarian personnel and United Nations and its associated personnel from discharging their humanitarian functions. 

Strongly condemns any act or failure to act, contrary to international law, which obstructs or prevents humanitarian personnel and United Nations personnel from discharging their humanitarian functions, or which entails being subjected to threats, the use of force or physical attack, frequently resulting in injury or death, and affirms the need to hold accountable those who commit such acts and, for that purpose, the need to enact national legislation, as appropriate. 

6. Strongly condemns any act, or failure to act, contrary to international law, which obstructs or prevents humanitarian personnel and United Nations personnel from discharging their humanitarian functions. 

Deeply concerned that access by the civilian population to humanitarian assistance, despite some improvements, continues to be impeded, violating international humanitarian law and representing a threat to human life that constitutes an offence to human dignity. 

Humanitarian organizations are providing aid under very difficult conditions. The problem of access is particularly acute. Some places have been inaccessible to aid convoys owing to snow or bad roads; others have been made inaccessible by the refusal of the parties to the conflict to allow convoys to pass. 

Humanitarian assistance has been impeded by all parties to the conflict. In the area controlled by AFDL [Alliance of Democratic Forces for the Liberation of Congo/Zaire], ICRC complained on 10 December of encountering difficulties when entering the [refugee] camps, a complaint echoed by humanitarian NGOs. In the areas controlled by the Zairian Government, humanitarian action was generally accepted, although under the constant threat of closing the camps and expelling the refugees. Since the Air Liberia aircraft accident in July, however, access has become more difficult … IOM … was prevented from acting in Zaire on 27 September; all agencies came under suspicion. 

Over the course of several days, the ICRC (which was based in Nazran) attempted to drive to the village, but Russian troops did not allow them to pass … ITAR-TASS reported that an EMERCOM convoy from Ingushetia with volunteer doctors was stopped at the checkpoint near Samashki and not allowed to pass through to the village. Médecins sans Frontières representatives were also not allowed through during that time.