CYIL 2014

456

PAVEL ŠTURMA

CYIL 5 ȍ2014Ȏ

in danger of being subjected to torture or cruel, inhuman or degrading treatment or

punishment (Art. 24). Finally, the single Article 25 (Chapter IV) focuses on protection

in a transit State of the human rights of an alien subject to expulsion.

Part Four of the draft articles concerns specific procedural rights of aliens

(Art. 26), suspensive effect of an appeal against an expulsion decision (Art. 27) and

access to any available international procedure for individual recourse (Art. 28).

Part Five (Articles 29 to 31) sets out the legal consequences of expulsion, such as

readmission to the expelling State (if it is established by a competent authority that

the expulsion was unlawful), responsibility of States in cases of unlawful expulsion

and possibility of the exercise of diplomatic protection.

All in all, the draft articles on expulsion of aliens present an important contribution

to the codification and progressive development of international law, balancing the

right of States and human rights guarantees for individuals concerned by expulsion.

Although they have been adopted in non-binding form (adoption of a convention is

not likely to happen in a near future), they could serve as guidelines for internal law

and practice of States in the matters of expulsion of aliens.

2.2 Protection of persons in the event of disasters

Concerning this topic, the Commission had before it the seventh report of the

Special Rapporteur Eduardo Valencia-Ospina, which dealt with the protection of

relief personnel and their equipment and goods (Art. 18), as well as the relationship

of the draft articles with other rules, and included a proposal for the use of terms.

At the 2014 session, the ILC adopted on first reading a set of 21 draft articles,

together with commentaries thereto, on the protection of persons in the event of

disasters. Some of these draft articles have been already provisionally adopted in

2010, 2011 and 2013. Although the relatively brief draft articles are not divided into

parts or chapters, it is possible to discern some four groups of provisions.

First, draft articles 1 to 4 deal with the scope and purpose of the present draft

articles, definition of disaster and use of terms. In particular, the purpose is “to facilitate

an adequate and effective response to disasters that meets the essential needs of the

persons concerned, with full respect for their rights”.

When it comes to a disaster,

this term means “calamitous event or series of events resulting in widespread loss

of life, great human suffering and distress, or large-scale material or environmental

damage, thereby seriously disrupting the functioning of society”.

The next set of draft articles may be called general principles of the disasters

response, such as the respect for human dignity and human rights (Arts. 5 and 6),

the principles of humanity, neutrality and impartiality, as well as non-discrimination

(Art. 7) and the duty to cooperate (Art. 8).

See doc. A/CN.4/668 and Corr.1 and Add.1 (2014).

See doc. A/CN.4/L.838 (2014), p. 4.

Ibid., p. 5.