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THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE …
to the future codification in this field, they are limited in their application to one
specific sector of work and to only a few States parties.
In contrast, States are far more willing to conclude legally binding agreements
on disaster response at the regional and bilateral levels. Hence the abundance of
all-inclusive regional instruments covering international disaster relief. These, among
others, include EU instruments on humanitarian assistance 15 and civil protection
assistance16 as well as the ASEAN Agreement on Disaster Management and Emergency
Response.17 As one of the most vulnerable continents to natural disasters, Africa has
developed two most advanced and far-reaching legal instruments that directly imply
the provision of human rights protection and assistance to the affected population in
the event of natural disasters: the African Charter on the Rights and Welfare of the
Child18 and the Kampala Convention for the Protection and Assistance of Internally
Displaced Persons in Africa.19
Another recent phenomenon in disaster response law is the wide and well
developed and advanced scope of ‘soft law’ acts. Numerous resolutions, declarations
and other documents have been adopted within the framework of the UN and the Red
Cross and Red Crescent Movement, proving that States understand the importance of
international cooperation and regulation for the effectiveness of international disaster
assistance. Though lacking legally binding character, they represent a high level of
authority. They were endorsed by a great majority or even the consensus of States,
and they aim to collect, in a comprehensive manner, all aspects of disaster relief, from
the principles, rights and duties of relevant actors, operational matters, to the best
practices and the rules of customary international law.
In the absence of a universally binding multilateral treaty in this field, many successful
attempts by various academic institutions and relevant international bodies were made to
systemize, collect and develop standards, rules and practices in international disaster relief.
In the past the most relevant examples are: the Draft Model Agreement Concerning
Humanitarian Relief Operations (1980) by the International Law Association; the Model
Rules for Disaster Relief Operations (1982) by the UN Institute for Training and
Research; the Draft International Guidelines for Humanitarian Assistance Operations
(1990) by the Max Planck Institute for Comparative Public Law an International Law;
and the Guiding Principles on the Right to Humanitarian Assistance (1993) by the
International Institute of Humanitarian Law. With the same aim and based on
the need to form a comprehensive and usable set of disaster response rules, the
International Disaster Response Laws, Rules and Principles Programme (IDRL
15 See, Articles 21 and 214 of the Consolidated Version of the Treaty on the Functioning of the EU
(TFEU), Council Regulation (EC) No. 1257/96 of 20 June 1996 concerning humanitarian aid.
16 See, Articles 21 and 214 of the Consolidated Version of the Treaty on the Functioning of the EU
(TFEU), Council Regulation (EC) No. 1257/96 of 20 June 1996 concerning humanitarian aid.
“Instrument.“
17 Available at:
18 Available at:
19 Available at: