CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ INTERNATIONAL RESPONSIBILITY IN THE CONTEXT OF DISASTER RESPONSE the primary role of the state under the terms of Article 10 of the Draft Articles serves not only to protect the sovereignty of the affected state but also to ensure the responsibility of the affected state for misconduct or failure to act as appropriate. The legal responsibility in the event of disaster is not a simple issue. In such situations many actors may be involved and stakes are high. However, we argue that the relationships of the subjects of international law shall be regulated by the customary law. The whole disaster response law is designed to provide a legal framework for relief to individual victims of disaster and ensuring that their need shall be satisfied is the focal point of this framework. We cannot avoid the fact that the whole framework is basically centered around human rights and humanitarian principles. This is in the author’s opinion very important due to the fact that the disaster response law (as of today) does neither reflect general international customary law nor form a new self-contained regime. However, the obligations of states towards the persons on their respective territories to protect their human rights is part of a legal and enforceable obligation that states are obliged to comply with. The individuals on the other hand are entitled to claim their rights via domestic means of protection and in some instances also at the international bodies. Humanitarian principles emanate from international humanitarian law, which is indeed inapplicable in the event of disaster (exceptions are imaginable under specific conditions). Although international humanitarian law basically regulates the protection of victims of an armed conflict and is based on certain principles applicable in the event of disaster as well. 41 Those principles shall be the principle of neutrality, impartiality and non-discrimination. Conclusion In the presented paper, mainly the ILC’s Draft Articles on Protection of Persons in the Event of Disasters was cited. There are indeed many more sources of rules regulating disaster relief. However, the Draft Articles is the output of work of the International 41 Some resources are pointing out the similarities between the protection of victims of disasters and the protection of victims of armed conflict. During the early 20 th century suggestions existed that armed conflict is kind of a disaster in its own right. This approach can be observed in some more recent resources as well. (See: Resolution on humanitarian assistance, adopted by the Institute of International Law at its Bruges session, 2 September 2003, 16th Commission. Online: http://www.ifrc.org/Docs/idrl/I318EN.pdf). However, it must be noted that the mentioned approach is by now all but abandoned. Although, the special rapporteur of the ILC noted in his preliminary report that at least some similarities between disasters and armed conflicts, and applicable legal framework can be observed (See: Protection of Persons in the Event of Disasters, Document A/CN.4/598, Preliminary report on the protection of persons in the event of disasters, by Mr. Eduardo Valencia-Ospina, Special Rapporteur, 8 May 2008, par. 15, par. 22-24). It is recognized that the rules of international law shall be applied in the event of complex emergencies , that are defined as “A complex emergency is generally defined as “ a humanitarian crisis in a country, region, or society in which there is a total or considerable breakdown of authority resulting from internal or external conflict and which requires an international response that goes beyond the mandate or capacity of any single agency and/or the ongoing UN country programme” (See: Protection of Persons in the Event of Disasters, Document A/CN.4/598, par. 48) . Consequently, the IDRL rules are to be applicable in the events of disaster during the peacetime. As the Special Rapporteur noted: “…the legal core of international disaster relief law consists of the laws, rules and principles applicable to the access, facilitation, coordination, quality and accountability of international disaster response activities in times of non-conflict related to disasters, which includes preparedness for imminent disaster and the conduct of rescue and humanitarian assistance activities, and is grounded on the premise that such activities apply in the event of a disaster, regardless of its origin, except in situations of armed conflict which are covered by international humanitarian law.”

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