A não criminalização da ação humanitária: a possível convergência entre o contraterrorismo e o direito internacional humanitário

Abstract

Counterterrorism measures in situations regulated by International Humanitarian Law add an unnecessary layer of criminalization, in addition to aggravating the conflict of norms that undermine legal security. Therefore, seeking to evaluate to what extent it is possible for the postulates of counterterrorism to converge with those of International Humanitarian Law, especially with regard to the actions of humanitarian organizations, the scope of the work in question is to investigate the following research problem: How to guarantee the provision of humanitarian action in light of International Humanitarian Law without it being criminalized by the rules for combating terrorism? The hypothesis that is supported is‘the need to include exemption clauses in counterterrorism instruments to safeguard the actions of humanitarian agents in light of the underlying principles of International Humanitarian Law’. The objective is to analyze the possible convergence between the norms of counterterrorism and International Humanitarian Law so as not to criminalize humanitarian action. Furthermore, it seeks to present the normative framework of International Humanitarian Law, essentially its sources and principles; verify the scope of application of the laws and customs of war according to the type of armed conflicts; study the intersection between terrorism and armed conflicts; analyze the impact of counterterrorism on humanitarian actions and the solution through the insertion of exemption clauses in Resolutions 1267 (1999), 1373 (2001) and 2178 (2014) of the United Nations Security Council. The qualitative methodology used will be carried out using a hypothetical-deductive method. Likewise, bibliographic and documentary research will be used in order to answer the research problem.