Siege Warfare
The legality of sieges, the prohibition on starvation, and the obligation to allow humanitarian relief.
Is Siege Warfare Legal?
Siege warfare is not inherently prohibited by IHL. Besieging a military position or a city defended by enemy forces is a recognized method of warfare. However, sieges are subject to the same IHL rules as other military operations: distinction, proportionality, and precaution. A siege that deliberately targets the civilian population, rather than enemy forces, violates IHL.
The critical rule is the prohibition on starvation of civilians as a method of warfare, codified in Article 54 of Additional Protocol I. This means a besieging force cannot deny food and water to a civilian population to force surrender. The Security Council added starvation to the list of ICC war crimes in 2019 for non-international armed conflicts as well.