CYIL 2014

THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE …

1. Introduction

Recently, the world has been facing two distinct challenges that influence the

growing awareness of the need for the development of international law in the field

of disaster response

– the rising frequency and severity of natural disasters and the

increasing international engagement in relief operations. Today a number of global

intergovernmental organizations have legal mandates concerning international disaster

relief and recovery, and they are accompanied in their efforts by assisting States,

traditional international humanitarian organizations, such as the International Red

Cross and Caritas, and countless nongovernmental humanitarian relief organizations,

private companies and individual donors. The increasing trend in the provision of

international humanitarian assistance is mainly the result of technological progress,

economic development, global connectedness and access to the media and the Internet,

which enable instant dissemination of information about disasters and victims’ needs.

But above all, it is an expression of the growing sense of solidarity, on the basis of

which the destiny of every man is of concern to everybody, and the understanding

of the importance of human rights, which are perceived as universal, inalienable and

inherent to all human beings. International humanitarian assistance in the event of

natural disasters has grown considerably and is now recognized as a legitimate and

important aspect of international relations.

2. Historical developments and recent achievements

Natural disasters have always been a part of human history, and cases of tragic

catastrophes can be traced back to ancient times. People have long been aware of the

considerations of humanity, morality and solidarity in assisting victims of disasters.

However, it is only in modern times, with the rise of a nation State and international

law, that international cooperation has been encouraged in this area.

This noble

At the outset, it must be noted that there is yet no unified usage of the term which would describe the

body of law in this field. ‘International disaster response law’ (some also speak of ‘international disaster

relief law’) is, through the promotion of the Red Cross Movement, becoming frequently popular to

describe a new, emerging branch of law relating to international assistance, relief and response in the

event of disasters. This should be distinguished from ‘disaster law’ (or ‘disaster response law’ or ‘disaster

relief law’), which is a broader term referring to laws and regulatory frameworks at the domestic,

regional and international levels that are relevant to the overall management of disasters, including

prevention and rehabilitation.

For a more detailed historical background of humanitarian assistance, see Macalister-Smith, P.,

International Humanitarian Assistance: Disaster Relief Actions in International Law and Organization,

Martinus Nijhoff Publishers, Dordrecht, 1985, pp. 8-10.

A famous thought of the Swiss diplomat Emer de Vattel from 1758 is often quoted:

“[…] when the

occasion arises, every Nation should give its aid to further the advancement of other Nations and save them

from disaster and ruin, so far as it can do so without running too great a risk […] if a Nation is suffering

from famine, all those who have provisions to spare should assist in its need, without, however, exposing

themselves to scarcity […] To give assistance in such dire straits is so instinctive an act of humanity that hardly

any civilized Nation is to be found which would refuse absolutely to do so […] Whatever be the calamity

affecting a Nation, the same help is due to it”

. ILC, Preliminary report on the protection of persons in the

event of disasters by Special Rapporteur, UN Doc A/CN.4/598 (2008), p. 6.