Practice Relating to Rule 31. Humanitarian Relief Personnel
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in both international and non-international armed conflicts: “attacking personnel … involved in a humanitarian assistance … mission … as long as they are entitled to the protection given to civilians … under the international law of armed conflict”.
In 2000, during a debate in the UN Security Council on the protection of UN and associated personnel and humanitarian personnel in conflict zones, the representative of South Africa stated: “The primary responsibility for the protection of United Nations and humanitarian personnel lies with the host Government”. However, he added: “Non-state parties should similarly protect such personnel, in line with the provisions of international humanitarian law.”