Starvation, Hunger, and Famine in IHL

Starvation, Hunger, and Famine in IHL

Washington, DC., 29 July 2025 ——

In times of armed conflict, the suffering of civilians often extends beyond the direct violence of war. One of the most devastating consequences of war is the denial of basic human needs, such as food and water. The terms starvation, hunger, and famine are commonly used to describe such dire conditions. However, these terms also carry significant legal implications under international humanitarian law (IHL). According to IHL, warring parties are forbidden to deprive civilians of food and water, to prevent unnecessary suffering, and are required to protect human dignity.

Starvation: A War Crime

Starvation is the deliberate withholding of food and essential supplies, primarily aimed at forcing civilians or combatants to surrender or abandon their position. In the context of armed conflict, starvation refers to the intentional deprivation of food to civilians or non-combatants as a method of warfare. Starvation can be imposed as part of a siege or blockade strategy, where one party attempts to block essential supplies from reaching the other side.

Article 54 of Additional Protocol I to the Geneva Conventions outlines the prohibition against the starvation of civilians as a weapon of war. This provision reflects the fundamental principle that civilians should not bear the brunt of the conflict. Even in times of war, the protection of non-combatants is a key element of IHL. Violations of this prohibition can amount to war crimes, and individuals or groups found responsible for intentionally causing starvation may face prosecution in international courts such as the International Criminal Court (ICC) in The Hague.

Hunger: A Result of Conflict

Hunger is a physical condition caused by the absence of adequate food, leading to malnutrition and, over time, deterioration in health. While hunger is often a consequence of armed conflict, it is not automatically considered a war crime in itself. However, the systematic or deliberate denial of food that causes hunger can be classified as a violation of IHL.

For instance, if warring parties obstruct the delivery of humanitarian aid or intentionally destroy food supplies, they may be held responsible for creating hunger among civilians. In this sense, hunger becomes a legal issue when an intentional or negligent act causes the deprivation of basic necessities. The key difference between starvation and hunger, from a legal perspective, is that starvation involves intentional deprivation. However, hunger could arise due to negligence or the disruptions of war without deliberate intent.

Famine: A Broader Humanitarian Crisis

Famine refers to a large-scale, widespread shortage of food that leads to severe malnutrition, starvation, disease, and death. While famine can occur in the absence of armed conflict, war can exacerbate its effects by disrupting agricultural systems, supply chains, and the delivery of aid. Famine is often used to describe a humanitarian crisis that is not only caused by the lack of food but also by the collapse of infrastructure, governance, and societal institutions.

In armed conflict, famine is often a consequence of deliberate tactics such as blockades or scorched-earth policies, or it may result from the inability of humanitarian organizations to reach vulnerable populations due to security concerns. Under IHL, the impact of famine during armed conflicts is not considered an acceptable or legitimate consequence of war.

International bodies like the United Nations (UN), the World Food Programme (WFP), and the International Committee of the Red Cross (ICRC) work to address famine situations, often providing food aid to civilians caught in conflict zones. The international community, through conventions and protocols, underscores that while famine may occur during war, it should never be used as a weapon or as an instrument of political or military strategy.

Depriving People of Food and Water

International humanitarian law has established strict rules regarding the protection of civilian populations during conflict, particularly when it comes to essential resources like food and water. The reasons for these protections are rooted in both humanitarian principles and the need to ensure the survival and dignity of civilians, who are not party to the conflict.

Under IHL, the fundamental principles of distinction dictate that parties to a conflict must distinguish between combatants and civilians, targeting only military objectives and sparing civilian lives and property. Moreover, the principle of proportionality requires that the harm caused to civilians and civilian infrastructure should not be excessive concerning the anticipated military advantage. Depriving civilians of food and water would violate both principles.

The Geneva Conventions, particularly Common Article 3, mandate that all parties to a conflict must treat civilians humanely and with dignity. Article 55 of Additional Protocol I prohibits the starvation of civilians by depriving them of food or water. Furthermore, the Geneva Conventions require parties to allow the delivery of humanitarian assistance to civilians in need, including food, water, and medical supplies.

Further, Article 8(2)(b)(xxv) of the Rome Statute of the ICC states that the intentional deprivation of food and water, or obstructing relief supplies, constitutes a war crime. Both state and non-state actors involved in conflicts must ensure the provision of food, clean water, and medical assistance to civilians. This obligation exists regardless of whether the civilians are located in the territory of the adversary, under occupation, or within areas controlled by opposing forces.

The Role of Humanitarian Aid

Humanitarian organizations, such as the ICRC and the UN, play a critical role in ensuring the delivery of food and water to conflict zones. Their work is protected under IHL, and their neutrality and impartiality must be respected by all parties to the conflict. Blocking or attacking humanitarian convoys is prohibited and may lead to charges of war crimes.

Starvation, hunger, and famine represent not only grave humanitarian crises but also severe violations of international law when used intentionally as a weapon of war. International humanitarian law, particularly the Geneva Conventions and their Additional Protocols, prohibits the deliberate deprivation of food, water, and medical supplies as a method of warfare, emphasizing the fundamental human rights to life and dignity even in times of conflict. Warring parties must take all feasible measures to ensure that civilians are not deprived of these basic necessities. To do otherwise is not only an affront to humanity but also a violation of the legal frameworks designed to protect the most vulnerable in times of war.

Photo Credit: A severely malnourished boy in Gaza. Humanitarian organizations have repeatedly called for Israel to allow considerably more food, water, and medical supplies into Gaza to prevent the ongoing humanitarian disaster. TGR Photo: JNzari.

Lara Kajs is the founder and executive director of The Genocide Report, an NGO nonprofit organization in Washington, DC. She is the author of Assad’s Syria, and Stories from Yemen: A Diary from the Field, available in e-book, paperback, and hardcover at Amazon, Barnes and Noble, Apple Books, and independent bookstores worldwide. Distributed by Ingram. Ms. Kajs frequently speaks about atrocity crimes, forced displacement, state terrorism, and International Humanitarian Law (IHL). Follow and connect with Lara Kajs on Facebook, Instagram, X, LinkedIn, and Bluesky.