Closing the Protection Gap: A Critical Appraisal of the Legal Framework Governing Humanitarian Relief Personnel in Non-International Armed Conflicts

Abstract

Humanitarian relief personnel operating in non-international armed conflicts face heightened risks due to the fragmented and limited scope of existing legal protections. This study critically examines the adequacy of the international legal framework governing the protection of these personnel, with a focus on identifying gaps and assessing the effectiveness of applicable norms. Anchored in legal positivist theory and supplemented by the protection gap framework, the study adopts a doctrinal legal research methodology, analyzing treaties, customary international humanitarian law, and domestic legislation. The findings reveal that protection for humanitarian relief personnel is largely indirect and fragmented, arising from the limited applicability of treaty law, inconsistencies in customary law, and weak domestic enforcement mechanisms. These gaps expose humanitarian personnel to significant risks and perpetuate impunity for violations committed against them. The study concludes that closing the protection gap requires clearer normative standards, stronger domestic incorporation of international obligations, and more effective accountability mechanisms. By applying a theory-driven lens, this research not only evaluates the current legal framework but also contributes to scholarly and policy debates on enhancing the protection of humanitarian actors in contemporary armed conflicts.