Chapter 24. Safeguarding War-Victims’ Housing through International Construction Contracts: A Practice-Oriented Common-Law Perspective

International humanitarian law (IHL) is a key mechanism designed to ensure the protection of war victims, including civilian populations. In armed conflicts, civilians often find themselves in situations where their homes are destroyed and they are forced to seek new shelter. Compliance with IHL norms becomes especially critical when it comes to guaranteeing safe refuge for those who suffer from the effects of military actions. However, modern conflicts require not only the provision of humanitarian aid but also the creation of a clear legal framework for the rapid organization of construction of temporary or permanent housing for refugees. In this context, international construction contract law (ICCL) plays an important role, as it can regulate the legal and organizational aspects of construction projects aimed at restoring destroyed housing and creating new residential facilities for displaced persons. Of particular note are the standards established by the International Federation of Consulting Engineers (FIDIC) and the building regulations of various countries, which make the legal regulation multifaceted and complicate its adaptability in the framework of protecting war victims and systematizing their rights to safe and adequate housing.

Within IHL, a distinction is often made between two key components – the ‘Hague Law’ and the ‘Geneva Law’. Hague Law, as formalized in the Hague Conventions of 1899 and 1907, regulates the methods of conducting warfare and the behavior of armed forces, whereas the Geneva Conventions are aimed at protecting those harmed by military actions, including civilians and prisoners of war. The adoption of the Additional Protocols to the Geneva Conventions has expanded the regulatory areas traditionally belonging to Hague Law, reducing the significance of this distinction in the modern practice of armed conflict regulation (Avakyan, 2022).

However, in modern armed conflicts such as military operations in Syria or Iraq, the problems of protecting civilians and refugees go beyond merely complying with IHL norms. The need for the rapid provision of housing and infrastructure requires the development of comprehensive legal mechanisms that address both safety standards compliance and the swift completion of construction projects. ICCL plays a key role in this context by providing tools to draft contracts capable of flexibly responding to emergencies. For example, the use of FIDIC standard contracts provides mechanisms for dispute resolution and for adapting contractual obligations in force majeure situations such as armed conflicts and natural disasters. This makes it possible to carry out housing construction projects even under crisis conditions, which is extremely important for the protection of refugees and victims. The application of such flexible legal mechanisms thus contributes not only to the completion of construction projects but also to the prevention of legal conflicts associated with delays and contractual non-performance in crisis situations (Goodwin-Gill et al., 2021).

This study is based on an analysis of the legal norms of IHL and their application in the context of ICCL. The main focus is on the Geneva Conventions, the standard forms of construction contracts developed by FIDIC, and their integration into the processes of restoring destroyed housing and creating temporary accommodations for refugees. The study covers the regulatory framework for construction projects in zones of armed conflict, with an emphasis on enforcement practices and compliance with international and national safety standards. A significant portion of the work is devoted to examining real case studies of humanitarian operations, including those under the auspices of the UN and other international organizations, with the aim of identifying the key legal mechanisms that ensure the protection of war victims in the context of construction and infrastructure restoration. This allows for the development of approaches to integrate international obligations into concrete projects that provide housing and infrastructure for those affected by armed conflicts.

Customary international law (CIL) plays a key role in providing legal protection to war victims, especially in situations where individual states have not ratified major international treaties. This is particularly relevant in internal armed conflicts, where the absence of legally binding norms can lead to serious gaps in the protection of civilian rights. The legal framework formed by CIL bridges these gaps through its universality. States, international organizations, or other recognized international actors endowed with legal personality can not only participate in the lawmaking process but also serve as the main bearers of the rights and obligations established by these norms. They play a crucial role in creating legal mechanisms to protect war victims by introducing standards that ensure resilient legal protection on the international stage (Kuzmin, 2022).

Despite the significance of customary international law as a protection instrument in armed conflicts, its limitations should be taken into account. Unlike treaty law, customary law does not always contain clear, formalized rules readily available for direct application. This creates certain difficulties for legal practitioners, since the content of such norms is often more abstract and less detailed than treaty obligations, which can complicate their interpretation and implementation in specific legal situations. Moreover, customary international law, being unwritten in nature, often requires additional efforts to establish the precise content of norms applicable in particular cases. In this connection, the work of the International Committee of the Red Cross (ICRC) is of special relevance; the ICRC conducted a comprehensive study aimed at codifying customary norms of IHL. As a result of this project, 161 rules were identified that are recognized as customary international law and can be used by practitioners for the protection of war victims and conflict victims (Guliyev, 2022). This ICRC project constitutes an important resource for lawyers and international law specialists working in the field of humanitarian law, as it contributes to the refinement and systematization of norms applicable in various armed conflict contexts, making their practical application easier.

The sources of IHL can be classified into two main categories, each of which has significant importance for the execution of construction projects in armed conflict zones: conventional sources and non-conventional sources. Conventional sources of IHL are international treaties, such as the Geneva Conventions, which form the basis for regulating the rights and obligations of parties in armed conflicts. These treaties establish detailed legal rules governing the protection of civilians, the wounded and sick, prisoners of war, and other vulnerable groups. The Geneva Conventions retain central importance in international law because they regulate aspects related to the observance of rights and safety in combat zones. These norms form the legal basis for restoring destroyed infrastructure, including the provision of temporary shelter for refugees, provided that such projects comply with IHL requirements and safety building standards.

Non-conventional sources—auxiliary legal norms such as international customary law, general principles of law, and resolutions of international organizations—complement the conventional norms. Although these non-conventional norms have less formal legal force, their practical significance is particularly evident in situations where international treaties cannot be applied. They provide an additional legal foundation for adherence to safety standards and the protection of conflict victims, especially when construction projects must be implemented urgently in conditions requiring the immediate application of IHL norms. These sources expand the possibilities for legal protection by allowing safety standards to be adapted to the specifics of conflict zones.

States: States are the primary actors responsible for ensuring observance and implementation of IHL provisions in conflict zones, including areas of construction. Their duties include securing construction projects, protecting the personnel involved in rebuilding infrastructure, and upholding the rights of conflict victims. This is especially critical for the prompt deployment of humanitarian facilities in crises.

Armed Non-State Groups: Armed groups not under state authority, such as insurgent formations, are also obliged to comply with IHL norms, including those concerning the protection of civilian populations and infrastructure. This is important in the context of construction projects, which are often at risk in areas where such groups operate. International practice increasingly holds these groups accountable for adherence to IHL norms, especially when their actions create threats to humanitarian construction projects.

Private Individuals and Contractors: Private individuals, including civilian contractors and personnel participating in construction projects, must also observe IHL norms to ensure the protection of conflict victims. Involvement of private parties in construction in conflict zones requires adherence to international safety standards and compliance with all IHL requirements to minimize risks and ensure adequate protection for those participating in the projects.

In modern international law, defining the temporal scope of IHL has become complex, especially in situations where armed conflicts transform from one type to another. As has been noted in the literature (Lazutin, 2022), processes of internationalization and internalization of conflicts significantly affect the legal regime and the range of applicable norms. The transition of a non-international armed conflict into an international one results in expanded guarantees for combatants and civilian populations, directly impacting how housing construction for refugees is organized and regulated in the conflict area. Therefore, understanding the temporal aspects of IHL’s application is crucial for all participants in international construction projects in conflict zones. Uncertainty about which legal norms apply can lead to legal conflicts and complicate the process of providing assistance to war victims. Integrating an analysis of IHL’s temporal boundaries into ICCL practice helps increase the effectiveness of humanitarian operations and provides additional protection of the rights of affected persons, taking into account the duration of construction projects.

Humans, as the central subjects of IHL in armed conflicts, play a key role in law enforcement processes. This includes various categories involved in conflicts: combatants, the wounded and sick, civilians, personnel of international organizations, foreigners, refugees, internally displaced persons, stateless persons, dual nationals, mercenaries, spies, and others. All of them fall under the protection of IHL norms, which is particularly relevant in modern conflicts that often affect civilian infrastructure, including international construction projects.

However, despite the central importance of the individual in the IHL system, a person does not possess full international legal personality. While individuals have certain elements of legal capacity under international law — which grant them specific rights and obligations on the international stage — their capacity remains limited. Nevertheless, individuals have international legal capacity and delictual capacity, which obligates the observance of their rights and duties under IHL (Avakyan, 2022). This limited legal personality creates additional legal complexities when forming conditions for international construction contracts: it is necessary to balance protecting those suffering from armed conflict with the interests of construction project participants, whose investments in such conflicts may be significantly at risk.

ICCL and enforcement practices face the need to take into account the limited legal personality of individuals in conflicts, which requires holding not only states but also non-state actors accountable when their actions may affect compliance with IHL norms. This is particularly important in situations where construction projects intended to provide safe housing and infrastructure restoration are implemented in armed conflict conditions.

In modern international relations, the humanitarian agenda remains extremely significant. Despite global trends toward reducing violence, as has been argued in the literature (Pinker, 2021), armed conflicts continue to have a devastating impact on civilian infrastructure. These conflicts threaten construction and humanitarian projects that are essential for the recovery of affected regions. In this regard, the role of IHL and ICCL is particularly large, as they establish legal mechanisms for the protection of the civilian population and infrastructure even in crisis conditions.

Apart from the social threats associated with armed conflicts, construction projects and humanitarian operations face significant physical risks posed by natural processes and geographical factors, such as earthquakes, floods, and biological threats (including epidemics and pandemics caused by viral and bacterial diseases). The COVID-19 pandemic vividly demonstrated how biological threats can complicate the execution of construction projects and humanitarian operations, increasing risks for all participants (Glaser & Novik, 2020).

Situations where physical threats coincide with those related to armed conflicts present particular complexity. For example, in conditions of active hostilities, it may be necessary to urgently build specialized hospitals to combat an epidemic, or an armed conflict may break out in an area already facing a biological threat. Such overlapping crises require flexibility and resilience in approaches to construction and contract execution in order to timely provide the necessary infrastructure facilities to protect civilians and workers.

These circumstances create a need for the development and enhancement of humanitarian diplomacy and aid instruments, which is especially important in the context of ICCL. The establishment of legal mechanisms to protect conflict victims, as well as the strengthening of cooperation between states and international organizations in this domain, plays a decisive role in minimizing the negative impacts of armed confrontations and natural catastrophes on the implementation of construction projects in conflict and post-conflict zones.

The intensification of humanitarian activity in modern armed conflicts necessitates deeper theoretical understanding of ongoing processes. However, this task is complicated by two main factors. First, despite the widespread practice of providing humanitarian assistance and the adoption of international commitments by many state and non-state actors, there still is no single agreed understanding of the key concepts in the humanitarian sphere. For example, the term “humanitarian diplomacy” (HD) only entered academic discourse in the early 2000s during the emergence of new diplomatic directions. The challenges of categorizing and analyzing this phenomenon are reflected in studies such as the work of D. M. Kovba (Kovba, 2020). Second, despite growing interest in this topic, the first significant monograph dedicated to humanitarian diplomacy was published only in 2007 (Caballero-Anthony, 2018), underscoring the relatively recent institutionalization of this field in international relations.

Furthermore, there is a continuous complication of the humanitarian landscape, which directly influences the implementation of major international construction projects, especially infrastructure projects spanning multiple countries, given persistent armed conflicts in the Middle East and post-Soviet space. Unlike traditional forms of diplomacy, modern humanitarian initiatives are no longer limited to interactions solely between states. Multilateral formats are increasingly used, involving not only state actors but also non-state actors, reflecting the multifunctional and networked nature of modern diplomacy. As has been noted in scholarship (Clark, 2018), contemporary humanitarian diplomacy is characterized as “multi-functional” and “networked,” emphasizing its flexibility and ability to adapt to varying conditions. The humanitarian diplomacy process increasingly involves media representatives, commercial entities, and private individuals.

One notable work addressing current problems of protecting victims of armed conflicts through the lens of international law is the monograph by E. S. Gromoglasova, Humanitarian Diplomacy in Modern International Relations: Experience of a Systematic Study (Gromoglasova, 2018). This study examines humanitarian security issues in detail, with special emphasis on practices of the European Union aimed at protecting civilian rights in conflict situations. These practices serve as examples for integrating humanitarian mechanisms into the framework of ICCL, thereby creating legal instruments for protecting the interests of civilians and participants in construction projects operating in conflict zones.

Humanitarian cooperation among the BRICS countries represents an important aspect of international legal coordination in this field. In particular, paragraph 66 of the 2018 Johannesburg BRICS Summit Declaration emphasizes the importance of sustainable infrastructure development and integration in post-conflict zones, including in Africa, through programs such as the New Partnership for Africa’s Development (NEPAD) and the Program for Infrastructure Development in Africa (PIDA). This support underscores the necessity of investing in projects that can ensure stable recovery after armed conflicts and provide infrastructure to improve the living conditions of the civilian population. Integrating humanitarian norms into international construction contracts thus becomes a key step toward creating resilient legal frameworks aimed at protecting war victims and preventing future humanitarian crises during the reconstruction process.

In the context of ICCL, cooperation between humanitarian organizations and construction project participants in crisis zones remains crucial. Organizations like Médecins Sans Frontières (MSF) play a critical role in providing humanitarian aid to war victims by delivering medical assistance and support under conditions where basic infrastructure may be destroyed. Although their activities are not directly linked to the execution of construction projects, such organizations highlight that in rebuilding infrastructure in conflict zones it is necessary to consider humanitarian standards and requirements aimed at ensuring safety and access to vital resources for the affected population. The successful integration of humanitarian norms and legal standards into the reconstruction process helps reduce humanitarian risks and ensures respect for the rights of conflict victims, forming part of a comprehensive approach to post-war recovery.

States actively apply mechanisms of humanitarian diplomacy to protect the rights of conflict victims. One example is the construction of a temporary floating pier off the coast of the Gaza Strip, completed in 2024, which provided a key aid point for delivering humanitarian assistance to the region suffering from the consequences of conflict (Financial Times, 2024). This project helped accelerate the delivery of food and medicine, illustrating the importance of integrating international humanitarian norms into infrastructure projects in crisis zones. It underscores the necessity of cooperation among states, international organizations, and local structures in implementing construction initiatives aimed at the restoration and support of affected regions.

The practical experience of the UN High Commissioner for Refugees (UNHCR) underscores the importance of strict compliance with international construction standards when erecting temporary housing for persons affected by armed conflicts. UNHCR’s approaches to providing emergency shelter – including standards developed specifically for emergency situations – demonstrate the close interrelation between IHL and construction contracts (UNHCR, n.d.).

In recent conflicts such as those in Syria and Yemen, ensuring temporary housing for refugees and internally displaced persons (IDPs) involves complex legal, technical, and organizational challenges. A key task is to comply with international humanitarian norms and standards while integrating local building codes and regulations. This imposes additional difficulties and complicates the construction of temporary shelters. In such conditions, ICCL can provide instruments to address these challenges, as demonstrated by general approaches to the legal regulation of migration and its interaction with external control mechanisms analyzed by authors like Cantor et al. (Cantor et al., 2022). Cantor’s research examines externalization processes in migration and the legal aspects of managing these processes, which can be applied to the broader field of international law and humanitarian operations (Cantor et al., 2022).

Modern legal norms governing the status and rights of refugees highlight the importance of providing housing for this vulnerable group. According to UN principles and the recommendations of the ICRC, providing individual housing to conflict victims is crucial, as it helps strengthen their security and psychological resilience. Implementing these standards faces many challenges, including the need to consider local building codes, as well as climatic and cultural specifics. This requires flexible adaptation of international standards to the conditions of particular regions. The standard FIDIC contract forms, widely used in international construction projects, provide effective mechanisms for dispute resolution and management of construction processes in emergency situations, including armed conflicts.

A significant contribution to the study of ICCL is the work by L. Klee, International Construction Contract Law (Klee, 2018), where the author provides a detailed analysis of the key principles and mechanisms applicable to construction projects implemented under crisis and conflict conditions. Klee highlights the importance of standardizing contract terms such as those provided by FIDIC, which enable flexible adaptation of the parties’ obligations under force majeure conditions (Klee, 2018). This is especially relevant in the context of rapid crisis response and the protection of war victims. One of the key features of FIDIC contracts is their capacity to ensure the swift construction of temporary facilities, such as refugee camps, while meeting minimum safety and structural stability standards. These mechanisms allow construction processes to be adapted to emergency conditions, providing a prompt response to the needs of refugees. However, despite the flexibility inherent in FIDIC contracts, the practical question often arises of how to balance the speed of erecting temporary housing with compliance with building codes in crisis situations.

An example of the successful application of FIDIC standards is seen in projects in the Democratic Republic of the Congo, where, despite ongoing hostilities, refugee camps were constructed while ensuring compliance with basic safety and stability standards for temporary structures. This experience highlights the importance of applying comprehensive international contract standards such as FIDIC to guarantee the right to housing in emergency situations (Dowd & McAdam, 2017). Often temporary solutions must be used, such as tent cities or prefabricated structures. However, as UNHCR research has shown (UNHCR, n.d.), such structures often fail to meet long-term needs, especially in extreme climatic conditions. Temporary solutions, like using plastic sheeting, frequently do not meet sustainability requirements, which exacerbates the problem and necessitates the use of higher-quality, more durable materials adapted to local conditions. In these circumstances, a number of additional factors need to be considered, including limited access to construction materials, complex security conditions for workers, and environmental protection. Using local construction resources and traditional methods can not only reduce costs but also increase the speed of construction work, which is critically important in humanitarian crises.

International construction contract law, particularly the standards and procedures developed by FIDIC, represents reliable tools for managing construction projects under crisis conditions. These mechanisms can be successfully used to create temporary and permanent housing for victims of armed conflicts, making them key to addressing humanitarian challenges. However, the effective implementation of such projects requires consideration of the unique features of each conflict zone, including resource availability, climatic and cultural factors, and compliance with international humanitarian norms. The central task becomes the adaptation of international standards to local conditions, which minimizes costs and accelerates housing construction while maintaining high safety standards.

Global cooperation and the distribution of responsibility among states become particularly significant in the context of crises involving population displacements. As has been highlighted in the literature (Dowd & McAdam, 2017), despite the importance of state obligations to protect refugees, the absence of a systemic, predictable, and equitable mechanism for sharing responsibility remains a pressing problem. This places additional burdens on states, especially in situations of large-scale displacement and crises. Dowd and McAdam’s study demonstrates that effective responsibility-sharing is possible only through joint efforts of the international community aimed at financial and technical support for host countries, as well as the creation of sustainable resettlement mechanisms for refugees. This underscores the importance of a comprehensive approach to humanitarian and construction projects designed to ensure the protection of the rights and interests of refugees.

Based on this study, the following conclusions can be drawn: ICCL plays a significant role in protecting victims of armed conflicts, particularly in ensuring temporary and permanent housing for refugees and internally displaced persons. The examination of international and national legal norms, including standards developed by FIDIC, helps to understand how these norms influence the execution of construction projects in crisis and post-conflict zones. It was found that integrating international obligations with local regulations is accompanied by a number of challenges that require careful attention.

The purpose of the research was to examine the possibilities of applying ICCL legal tools to protect victims of conflicts. Through this analysis, key legal mechanisms were identified that can facilitate the effective implementation of construction projects under crisis conditions, and issues of adapting contractual obligations in emergency situations were also considered.

The findings emphasize the importance of improving international legal mechanisms to protect war victims through a broader use of ICCL. Particular attention should be paid to coordinating efforts between states, international organizations, and other actors to develop comprehensive legal solutions. Further development and adaptation of international standards governing the execution of construction contracts in crisis conditions can contribute to enhanced legal protection of the affected and more effective restoration of destroyed infrastructure.