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ANA POLAK PETRIČ CYIL 5 ȍ2014Ȏ
due to the fact that these recent legal codifications are limited in their scope to a certain
category of victims, notably children, internally displaced persons and the disabled, and
are not numerous, it would be too early to conclude that there is a clear expression of
the right to humanitarian assistance of all victims of natural disasters in the existing
international treaties.
Another possibility for the codification of the right to humanitarian assistance
is offered in the form of bilateral treaties. Restricting the analysis to their general
characterizations, bilateral agreements in the disaster response field are concluded for
the purpose of establishing a mutual assistance regime between neighbouring States
or between States in the region. Their content is based on the unanimous recognition
of the need for cooperation among States, rather than the implementation of the
right of individuals to humanitarian assistance. In these agreements, it is generally
understood that assistance cannot be given without a request and that a request
cannot be demanded without an offer. It seems that this system of reciprocity, in
conjunction with the principle of sovereignty, provides the overall context for the
specific rights and duties in the fulfilment of treaty provisions, and generally does not
include a specific recognition of the right to humanitarian assistance by States Parties
to bilateral agreements.
‘Soft law’ in disaster response is well developed and advanced. Non-binding texts,
especially those prepared within the framework of humanitarian organizations and
academic institutions, speak abundantly about the matter. a direct, explicit mention
of the right to humanitarian assistance is made in the following documents:
– the Principles and Rules for Red Cross and Red Crescent Disaster Relief31
(principle 2.1),
– theCodeofConductfortheInternationalRedCrossandRedCrescentMovement
and Non-Governmental Organizations in Disaster Relief 32 (principle 1),
– the Humanitarian Charter of the Sphere Project33 (Common principles, rights
and duties),
– the Mohonk Criteria for Humanitarian Assistance in Complex Emergencies34
(preamble),
– the Guiding Principles on the Right to Humanitarian Assistance35 (principles
1, 2, 3),
31 Principles and Rules of Red Cross and Red Crescent Disaster Relief, 21st International Conference of
the Red Cross.
32 Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental
Organizations in Disaster Relief (Code of Conduct), 26th International Conference of the Red Cross
and Red Crescent, Annex VI.
33 The Sphere Handbook, Humanitarian Charter and Minimum Standards in Humanitarian Response,
available at:
34 The Mohonk Criteria for Humanitarian Assistance in Complex Emergencies (Mohonk Criteria),
Task Force on Ethical and Legal Issues in Humanitarian Assistance, Programme on Humanitarian
Assistance, World Peace Conference on Religion and Peace.
35 Guiding Principles on the Right to Humanitarian Assistance, International Institute for Humanitarian Law.