CYIL vol. 12 (2021)

peter klanduch CYIL 12 (2021) Due to their civilian nature, schools enjoy the general protection by rules of IHL. 92 In addition, buildings dedicated to education might be considered as “private property” which is protected from willful damage and seizure. Some educational institutions of great cultural importance might enjoy greater protection under the rules of IHL. 93 The parties to a conflict are often attracted by schools’ central locations, solid structures, electricity, and sanitation facilities. These characteristics makes them vulnerable to occupation and military use which not only disrupts the education process but might also provoke attacks from opposing forces. 94 However, even if they lose protection as civilian objects, the principles of precaution and proportionality still apply. The Rome Statute considers “[i]ntentionally directing attacks against buildings dedicated to […] education, […]” war crimes, provided they are not military objectives. The prohibition is applicable in both international and non-international armed conflict. 95 Targeting physical infrastructure is just one dimension of a broader concept of attacks on education. In her 2017 request for authorization to open an investigation in Afghanistan, the ICC Prosecutor argued that in addition to attacks on schools, which can be qualified as war crimes, the denial of access to education based on discriminatory grounds can amount to crimes against humanity. In this specific case, the Prosecutor believed that the crime against humanity of persecution on gender grounds, 96 allegedly committed by the Taliban and affiliated groups, had a particularly broad and severe impact on the lives of women and girls. 97 3.7 Denial of humanitarian access and assistance A siege is not a new phenomenon in the conduct of a warfare. Denying humanitarian access has various forms from parties to conflict refusing to grant access to relief workers, bureaucratic procedures slowing down the operations or even attacks on humanitarian workers and aid convoys. 98 The indirect consequences of war such as poverty, malnutrition, and disease are taking a “devastating toll on children.” 99 Some 4,400 incidents of the denial of humanitarian access to children were verified in 2019. Overwhelmingly, non-state actors were responsible for such incidents, notably in Yemen, Mali, the Central African Republic, and Syria. 100 Children have specific nutritional needs and suffer long-term development consequences if they are not adequately addressed. They might suffer psychological trauma that has to be addressed without delay. What makes things more complicated is the fact that due to physical, 94 Human Rights Watch, Schools and Armed Conflict: A Global Survey of Domestic Laws and State Practice Protecting Schools from Attack and Military Use (20 July 2011), https://www.hrw.org/report/2011/07/20/schools-and- armed-conflict/global-survey-domestic-laws-and-state-practice (Accessed on 24 May 2021). 95 Rome Statute, Article 8(2)(b)(xxiv) and Article 8(2)(e)(ii). 96 Ibid. , Article 7(1)(h). 97 Situation in the Islamic Republic of Afghanistan, “Request for authorisation of an investigation pursuant to article 15,” ICC-02/17, 20 November 2017, para. 119. 98 Fatima, Protecting Children , p. 377. 99 United Nations Children’s Fund (UNICEF), Machel Study 10-Year Strategic Review: children and conflict in a changing world (April 2009), 5, https://digitallibrary.un.org/record/660536 (Accessed on 24 May 2021). 100 UN Doc. A/74/845-S/2020/525 of 9 June 2020, para. 9. 92 Additional Protocol I, Article 52. 93 Fatima, Protecting Children , p. 357.

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