CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ INTERNATIONAL RESPONSIBILITY IN THE CONTEXT OF DISASTER RESPONSE may trigger a humanitarian disaster of staggering dimensions. For such cases the creation of an enforcement mechanism seems necessary. As of now it remains clear that use of force in such a case would be considered illegal. As was suggested above, climate change may cause disasters to become even more unpredictable and severe in decades to come. The author admits that any prediction of possible future developments remains in the realm of pure speculation. The possibility that outcomes of a disaster might become a subject matter of the decision making of the UN Security Council under Chapter VII, because the consequences of disaster shall pose a “threat to international peace and security” is not unimaginable, and the practice of the UN Security Council already offers examples of such approach. 38 The possibility that the inability and/or unwillingness of a state to provide disaster relief to an affected population might be assessed in the future as a massive human rights violation or even a crime against humanity and will initiate the action of international community under the notion of R2P is not entirely unimaginable. Even if it might mean the “return” of the once rejected idea of R2P into the IDRL. The use of other mechanisms of enforcement is rather limited. If a state is economically strong, seeking of external assistance might not be necessary. If the state is economically or otherwise weak or even fragile, the disaster perhaps will exceed its capacities and if it yet fails to seek external assistance the use of some sort of economic countermeasures would only serve to cause even greater depletion of state’s resources, crippling the ability of the state to facilitate even a limited amount of relief. Eventually, the victims of disasters would be those who would suffer the most by such restrictive measures. In this aspect, the responsibility of an individual affected state collides with the notion of sovereignty. The nature of obligation is questionable. Is it the obligation erga omnes and binding the state vis-à-vis every member of the international community? Or is it its “just” obligation to affected individuals? The paper attempts to offer an answer in the following part. 3.3 Facilitation of disaster relief: The responsibility of stakeholders and involved actors The facilitation of relief to the people and communities negatively affected by a disaster is the crucial reason for designing any rules regulating the disaster response. On the basis of available sources, it is clear that in the process of disaster relief there are many subjects involved. Basically, they can be divided into two groups – the beneficiaries of relief or stakeholders, and the contributors of relief. Stakeholders shall be those individuals affected by the disaster who are in need of aid and seek assistance. The providers of such aid and assistance are various actors. We can identify other states (providing personnel or material), international governmental organizations (providing funds, material, goods, personnel, facilitating coordination and leadership) such as the UN, 39 specialized agencies and bodies of such organizations operating in the field 38 The UN Security Council extended the mandate of the UN MINUSTAH mission in Haiti following the disastrous earthquake in 2010. See: COSTAS TRASCASAS, Milena, Access to the Territory of a Disaster- Affected State, p. 239-240. 39 The United Nations developed a mechanism to facilitate coordination of humanitarian aid during the disaster. This mechanism is represented mainly by the UN’s UNDAC team that are prepared on a short notice to react where their assistance is required. See: UNDAC Field Handbook, Office for the Coordination of Humanitarian Affairs, 6 th edition, 2013, part C., p. 5.

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