victims of natural disasters: the right to receive humanitarian assistance

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Victims of natural disasters:The right to receivehumanitarian assistanceRohan Hardcastle a & Adrian Chua aa Faculty of Law , University of WesternAustralia ,Published online: 19 Oct 2007.

To cite this article: Rohan Hardcastle & Adrian Chua (1997) Victims of naturaldisasters: The right to receive humanitarian assistance, The InternationalJournal of Human Rights, 1:4, 35-49, DOI: 10.1080/13642989708406693

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Victims of Natural Disasters:The Right to Receive Humanitarian

Assistance

ROHAN HARDCASTLE and ADRIAN CHUA

The right of victims of natural disasters to receive humanitarian assistanceand the correlative obligation on states to provide such assistance havebeen raised throughout the 1990s, the International Decade for NaturalDisaster Reduction.1 The inadequacy of the current international regimedealing with these issues has been brought into sharp focus by the faminethat engulfed North Korea in 1997. Following floods in 1996 and the1997 drought, aid workers predict a shortfall of 1.5 million tonnes ofgrain. Perhaps half of North Korean children are malnourished.2 YetSouth Korea and its allies have met with resistance in attempting to assistmillions of North Koreans suffering from malnutrition and facingstarvation. While there have been pledges of food aid, the provision ofsuch humanitarian aid has been inhibited by North Korea's unwillingnessto allow a large number of aid workers into the isolated communistcountry. In the mean time, the United Nations has estimated that 4.7million North Koreans, a fifth of the population, are in danger of starvingin the summer of 1997 without massive food aid.3

This situation is not unique. Other governments, unable to provideaid to victims of natural disasters within their own territory, have alsobeen unwilling to permit prompt external humanitarian assistance tovictims. This raises a fundamental question: is the current internationallaw regime adequate? Presently, no multilateral treaty, equivalent to theGeneva Conventions which apply to victims of armed conflict,'1 exists inrelation to the right of victims of natural disasters to receivehumanitarian assistance. In fact, the association between humanitarianrelief operations and human rights has not been extensively analysed.5

Currently, there is no right of victims of natural disasters6 tohumanitarian assistance in customary international law. In view of thesituations such as the 1997 experience in North Korea, this position is

Rohan Hardcastle and Adrian Chua are part of the Faculty of Law, University of WesternAustralia.

The International Journal of Human Rights, Vol.1, No.4 (Winter 1997) pp .35^9PUBLISHED BY FRANK CASS, LONDON

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36 THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS

untenable. There is an urgent need for an international agreementgoverning the provision of assistance. Consequently, this article includesrecommendations to facilitate the development of such an agreement.

THE CONCEPT OF HUMANITARIAN ASSISTANCE

What is Humanitarian Assistance?'Humanitarian assistance' has not been exhaustively defined by theinternational community. For the purposes of this article it will be usedto refer to provision of commodities and materials required during adisaster relief operation. Such assistance is likely to include food,clothing, medicines, temporary shelters and hospital equipment.7 Indeed,a United Nations General Assembly Resolution refers to emergencyassistance as the provision of 'food, medicine, shelter and medical care'.8

Similarly, the International Court of Justice referred to permissiblehumanitarian assistance as:

the provision of food, clothing, medicine and other humanitarianassistance, and it does not include the provision of weapons,weapons systems, ammunition, or other equipment, vehicles, ormaterial which can be used to inflict serious bodily harm or death.9

Humanitarian assistance is to be distinguished from foreign aid by itsemergency character and use for relieving victims of natural disasters.

Humanitarian Assistance Distinguished from Humanitarian InterventionA distinction is often postulated between humanitarian assistance andhumanitarian intervention. However, this distinction has been the sourceof confusion among academic commentary, non-governmentalorganisations and governments.10 In contrast to humanitarian assistance,'humanitarian intervention' is defined as 'intervention (in the narrowsense of coercive interference in the internal affairs of another state) inorder to remedy mass and flagrant violations of the human rights offoreign nationals by their government'.11 Also, humanitarian interventionhas received considerable attention in the literature and therefore willnot be covered by this article.

THE RIGHT TO HUMANITARIAN ASSISTANCE AT CUSTOMARYINTERNATIONAL LAW

Like the doctrine of humanitarian intervention, the existence of the rightto humanitarian assistance in customary international law remains

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THE RIGHT TO RECEIVE HUMANITARIAN ASSISTANCE 37

problematic. For a right to be binding as a principle of customaryinternational law, there must exist extensive and uniform state practicecarried out so as to show a general recognition that a rule of law or legalobligation is involved.12

State Practice in the Provision of Humanitarian AssistanceIn 1984, the Office of the United Nations Disaster Relief Coordinator(UNDRO) attempted to draft a convention in relation to the delivery ofemergency assistance.13 This Draft Convention stated in its Preamble that'the international community has willingly rendered assistance inindividual cases of disaster and continues to do so whenever necessary'.14

Such assistance had been carried out by various states and internationalorganisations, both inter-governmental and non-governmental.

International OrganisationsThe United Nations plays a co-ordinating role in large-scale reliefoperations. UNDRO, established in 1971, was created to be the focalpoint in the United Nations system for disaster-related matters.

In relation to natural disasters, numerous specialised agencies of theUnited Nations are involved in emergency relief. For example, in 1995the Department of Humanitarian Affairs provided 55 Member Stateswith assistance in combating natural disasters.15 In particular, the WorldFood Program (WFP) has been an important source of emergency foodaid. The WFP plays a significant role in disaster assistance operationsthrough the supply of basic foodstuffs, 'establishing adequate andorderly procedures on a world wide basis for meeting emergency foodneeds'.16 Emergency needs were interpreted to include 'food needsarising from sudden and unexpected natural disasters, such asearthquakes, floods, droughts, pests and epidemic diseases ,..'17 Similarly,the World Health Organization (WHO) has taken an active roleproviding humanitarian aid in times of natural disaster. Reforms in the1990s within the United Nations, such as replacement of the Departmentof Humanitarian Affairs with an Emergency Relief Department, wereundertaken to strengthen the United Nations role in disaster relief byfacilitating quicker reactions to crises.18

Inter-Governmental OrganisationsSeveral inter-governmental organisations also participate in providinghumanitarian aid. They include the European Union, North AtlanticTreaty Organization, Organisation for African Unity and Association ofSouth East Asian Nations. Of these, the European Union has played asignificant role, through the European Community Humanitarian

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Office, whch was established in 1992. Indeed, it has been recognised thatsince 1993, the European Union has been among the first states toprovide assistance to victims of natural disasters."

Non-Governmental OrganisationsIt is widely acknowledged that non-governmental organisations areinstrumental in providing emergency humanitarian assistance.20 Withinany complete discussion of non-governmental organisations, particularmention should be made of two organisations.

First, there are the Red Cross Societies, within which disaster relief iswell organised. In 1969, the XXIst International Red Cross Conferenceadopted two instruments: Declaration of Principles Relating to ReliefActions for the Benefit of the Civilian Population in Disaster Situations,and Principles and Rules for Red Cross Disaster Relief. These Principlesand Rules codify provisions contained in previous resolutions and in thepractice of members of the Red Cross, describing the role of the RedCross and co-ordination of assistance to disaster victims. The League ofthe Red Cross is the co-ordinator of disaster relief and the InternationalCommittee of the Red Cross is responsible for relief in situations ofarmed conflict. The League's main functions are to bring relief by allavailable means to all disaster victims and to assist National Societies intheir disaster relief preparedness, organisation of relief actions, and reliefoperations themselves.21

A recent example of the work of the Red Cross in disaster relief wasits response to the earthquake that shattered the Ardabil province in Iranon 28 February 1997, killing over 1,000 people, injuring nearly 3,000and destroying the homes of more than 40,000.22 Immediately, theIranian government issued a formal appeal through the United Nationsfor international assistance. Responding to this request the League of theRed Cross played a leading role in co-ordinating the delivery of plasticsheeting, food, tents and heaters.

Secondly, the Medecins Sans Frontieres (MSF) has been recognised asthe world's largest medical assistance organisation.23 For example,following natural disasters, the MSF has sent medical teams, equipmentand supplies.24 The role of non-governmental organisations and, inparticular, the MSF, in providing of emergency disaster relief in Africathroughout the 1980s is widely acknowledged.25

StatesThe right of victims of natural disasters to assistance is also supported bydomestic legislation in a broad cross-section of states, such legislationoften mandates the provision of assistance to victims of disasters.26

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Further, there are a number of regional and sub-regional agreementsconcerning the co-ordination of assistance in times of natural disaster.27

Opinio Juris Sive NecessitatisThe International Court of Justice in the North Sea Continental ShelfCases stated that the frequency or even habitual character of acts is notin itself enough for a proposed rule to have evolved into a principle ofcustomary international law.28 States' willingness to render assistancedoes not necessarily imply the existence of an international law right ofvictims of natural disasters to humanitarian assistance. For such a rightto exist, provision of humanitarian assistance must be evidence of a beliefthat such assistance is rendered obligatory by a rule of law or humanright requiring it. The need for such a belief is implicit in the notion ofopinio juris sive necessitatis."

The absence of the right to humanitarian assistance in anyinternational and regional human rights instruments weighs against thenotion that the acts of humanitarian assistance have been carried out inthe belief that they were required by international law. This is supportedby the fact that the General Assembly resolutions dealing withhumanitarian assistance refer to states providing such assistance as donorcountries.30 Provision of humanitarian assistance by states andinternational organisations are arguably acts of compassion motivated byconsiderations of charity, not a sense of legal duty to satisfy the right ofvictims to humanitarian assistance. That the assistance rendered by statesis not carried out in the belief that it is required by international law isalso demonstrated in the North Korean situation. The World FoodProgram and other organisations appealed for 700,000 tonnes of grainto be donated to North Korea. These organisations urged that, due to theimmediacy of the situation, states send food directly to North Koreainstead of wiring money to the agencies. The plea was directed to SouthKorea and Japan which have been slow to respond to the need foremergency assistance even though both had millions of tons of ricedeteriorating in government warehouses.31

Other Human Rights as a Basis for Opinio JurisPresently there is no legal instrument stipulating the right of victims ofnatural disasters to humanitarian assistance. However, the requisiteopinio juris for such a right can arguably be derived from a number ofbasic human rights, including the rights to life, health, food, clothing andshelter.32

Given that these rights are to be granted in every situation, theyshould be recognised in natural disasters when they are seriously

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threatened or violated." What flows from this is that there is a right tohumanitarian assistance in times of natural disaster.

The Right to LifeThe right to life is a recognised and established human right in treaty andcustomary international law. It is contained in Article 3 of the UniversalDeclaration of Human Rights,34 Article 6(1) of the InternationalCovenant on Civil and Political Rights,35 Article 1 of the Convention onthe Rights of the Child,36 Article 2 of the European Convention for theProtection of Human Rights and Fundamental Freedoms,37 Article 4 ofthe American Convention on Human Rights,38 Article 4 of the AfricanCharter on Human and Peoples Rights39 and Article 1 of the AmericanDeclaration of the Rights and Duties of Man.40 This right has also beenrecognised as a principle of customary international law by jurists of

The Right to Food, Clothing and ShelterThe right to humanitarian assistance may also be derived from the rightto the minimum necessities of life. These rights are contained in Article25 of the Universal Declaration of Human Rights:

Everyone has the right to a standard of living adequate for thehealth and well-being of himself, and of his family, including food,clothing, housing and medical care and necessary social services,and the right to security in the event of ... lack of livelihood incircumstances beyond his control.42

Specific needs of food, clothing and shelter are also contained inArticle 11 of the International Covenant on Economic, Social andCultural Rights: '...the right of everyone to an adequate standard ofliving for himself and his family, including adequate food, clothing andhousing'.43

More specifically, Article 11 provides for the 'right of everyone to befree from hunger'. Existence of the basic right to food is also recognisedin other international instruments.44 Therefore, it is arguable that theright to food, at least in its most basic form, is 'the fundamental right ofeveryone to be free from hunger'.45 However, there is some controversyas to whether this right forms part of customary international law.46

Although United Nations General Assembly Resolutions are not inthemselves legally binding, it is arguable that the Universal Declarationof Human Rights is an authoritative interpretation of the United NationsCharter Articles 1(3), 55 and 56 and indicative of state practice amongUnited Nations member states.47 On this basis, it has been argued that the

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basic content of the right to food - freedom from hunger - is now a partof customary international law.48

Therefore, flowing from the rights to life and the basic necessities oflife, is arguably the right of victims of natural disasters to humanitarianassistance to ensure the maintenance of these basic human rights.

AN INTERNATIONAL AGREEMENT

Present Situation

Basic human rights to life, food, clothing and shelter might provide abasis for the inference of the requisite opinio juris for the right of victimsof natural disasters to humanitarian assistance. However, a range ofissues remain unresolved. For example, do neighbouring states comeunder an obligation to provide assistance or is it primarily the obligationof each state to provide humanitarian assistance to its nationals? Whatare the roles and rights of international organisations in a naturaldisaster? Is there a corresponding obligation on states unable to provideadequate assistance to accept assistance rendered by internationalorganisations? Uncertainty raised by these issues, when natural disastersare occurring with increasing frequency and severity,49 has led toprevarication by states and international organisations at a time whenurgent assistance is required.

This problematic position is illustrated by instances wheregovernments are unable or unwilling to provide humanitarian assistanceto victims of natural disasters. The failure of these governments topromptly request assistance from the international community hasresulted in the unnecessary loss of life. For example, in 1990, a severeearthquake hit the Gilan province in Iran, killing more than 50,000people and destroying entire villages.50 However, the Iranian governmentwas slow to ask for international assistance. In fact, Iran refused offers ofinternational assistance, appealing to its people to 'pass this test withpride through patience, endeavour and cooperation'.51 Iran forbadedirect rescue flights from abroad, and initially requested that aid workersstay away.52 Although Iran eventually sought assistance from theinternational community, the delay in providing assistance resulted in theotherwise preventable deaths of a large proportion of the injured.53

More recently, the devastating effect of governments' reluctance toseek external assistance for victims of natural disasters has beenexemplified by the famine in North Korea. With torrential rainswrecking the 1995 and 1996 harvests, North Korea's last full crop wasin 1994. Those rains washed away fertilisers and left fields coated in

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thick mud. In 1997, the absence of rain for two months, combined witha heat wave, destroyed 70 per cent of North Korea's maize crop.54 Anestimated 17 million of North Korea's 23 million people rely on therationing system.55 Similarly, the Food and Agriculture Organisation ofthe UN Food Supply Assessment Mission 'is now on the verge of collapsewith no alternative mechanism available to provide food'.56 It has beenreported that people in many parts of North Korea receive no more than100 grams of grain each day.57 International aid organisations predictthat two to five million people could starve to death by 1998.58 TheUnited Nations estimated that 4.7 million North Koreans are in dangerof starving without massive food aid.59 However, while the majority ofthe population is starving, it has been reported that North Korea'ssecurity forces are adequately fed.60

In response, the international community pledged food aid.However, North Korea's unwillingness to allow aid workers to havedirect access to the countryside and fears that food aid would go only tothe North Korean military prevented the swift provision of assistance.61

Despite delays, the first shipments of South Korean food aid crossed theYalu River on the Sino-North Korean border, delivered by South KoreanRed Cross Officials, on 12 June 1997. This corn was part of a shipmentof 11,200 tonnes delivered over a week and a half. This is the first of50,000 tonnes of food pledged by South Korea by the end of July 1997under an agreement reached in May in Beijing. The Beijing accord wasthe first between South and North Korean Red Cross Societies in 12years.

The only immediate way to avoid a large-scale catastrophe in NorthKorea is the provision of urgent international food assistance. TheInternational Federation of the Red Cross and Red Crescent Societiespresented an expanded appeal for aid in June 1997. However, the foodaid pledged or delivered in 1997 through the United Nations and non-governmental organisations will only cover a small part of estimatedrequirements.62

Need for an Obligation on the Part of States to Seek AidIt has been argued that if a state is unable or unwilling to providehumanitarian assistance then an obligation may arise requiring that stateto permit external assistance.63 Such an obligation can be derived fromthe right to life.64 On this approach, failure to seek external humanitarianaid would constitute a violation of the right to life. However, the basicprinciple of respect for states' national sovereignty lies in the way of suchan obligation. Indeed, the Final Report on the Reappraisal of the RedCross stated:

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Current international law, which is largely based on traditionalpractice, does not obligate a State in any way to accept emergencyaid even when its population is in extremely grave danger."

International law recognises that each state has primary responsibilityfor taking care of victims of natural disasters occurring on its territory.66

This principle is recognised in numerous UN General AssemblyResolutions. Although such Resolutions are not legally significant in andof themselves, they can be evidence of emerging customary norms ofinternational law.67 In relation to natural disasters, General AssemblyResolutions have reaffirmed the sovereignty of the state, recognising thatit is for each state to take care of its victims of natural disasters/8 Forexample, Principle 3 of the General Assembly resolution Strengtheningthe Coordination of Humanitarian Emergency Assistance of the UnitedNations69 provided:

The sovereignty, territorial integrity and national unity of Statesmust be fully respected in accordance with the Charter of theUnited Nations. In this context, humanitarian assistance should beprovided with the consent of the affected country and in principle,on the basis of an appeal by the affected country.

Thus, at present international law does not require states to seek orpermit access by other states or international and non-governmentalorganisations even in the context of natural disasters.

This position is undesirable. As the 1990 Iranian earthquake and1997 North Korean famine illustrate, the failure to provide aid orpromptly seek external assistance results in substantial human suffering.An international agreement, in the form of a multilateral convention, isnecessary to protect victims of natural disasters.70 Such an agreementwould assist the international community in the provision of assistanceand provide incentive for expanding such activity.71 The value of such anagreement was recognised by the Final Report on the Reappraisal of theRed Cross:

[a]n international Relief Convention, while not repudiating theancient doctrine of national sovereignty and non-interference inthe internal affairs of other states, could nevertheless establish a setof reasonable criteria outlining when and through whatadministrative mechanisms states would be expected to accepthumanitarian aid on behalf of their populations.72

In fact, the potential for an international agreement was considered by aTask Force on Ethical and Legal Issues in Humanitarian Assistance

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formed in 1994 by the Program on Humanitarian Assistance at theWorld Conference on Religion and Peace.73 What emerged was the'Mohonk Criteria' for Humanitarian Assistance in ComplexEmergencies.74 As the basis of the 'Mohonk Criteria', the Task Forcecalled upon the Member States of the UN to:

• recognise the right to humanitarian assistance and the responsibilityto provide it; and

• acknowledge and ensure the right of access by humanitarianassistance organisations to endangered populations in complexemergencies.75

GUIDING PRINCIPLES FOR AN INTERNATIONAL AGREEMENT

Overcoming the State Sovereignty ObjectionThe previous section highlighted that a major obstacle to aninternational agreement obligating states to seek external assistance isthe tension between state sovereignty and the rights of individuals.7' It isunrealistic to expect states to agree to a multilateral convention requiringthem to provide other states with the right of access to their territoryeven in times of natural disasters. The creation of such a right impingeson a state's national sovereignty. However, a balance must be struckbetween urgency of aid to victims and state sovereignty. This point isrecognised by the 'Mohonk Criteria':

The principles of non-intervention and sovereignty should not beused as an obstacle to humanitarian assistance. The objective ofhumanitarian assistance is to save lives and is not intended tochallenge the State on whose territory aid is to be delivered.77

Primarily, this is because humanitarian assistance can be seen as'international efforts to alleviate human suffering'.78

Objections based on state sovereignty can be avoided by limiting theobligation to provide access only to neutral non-governmental relieforganisations. This could prevent arousing national sentiments and avoidperceived interference by another state. Indeed, this limiting principle issupported by Military and Paramilitary Activities in and AgainstNicaragua (Merits), Judgment:

[T]here can be no doubt that the provision of strictly humanitarianaid to persons or forces in another country ... cannot be regardedas unlawful intervention, or as in any way contrary to internationallaw.79

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The Court defined such aid in terms of the practice of a leading neutralnon-governmental relief organisation, the Red Cross:

[I]f the provision of 'humanitarian assistance' is to escapecondemnation as an intervention ... not only must it be limited tothe purposes hallowed in the practice of the Red Cross, namely 'toprevent and alleviate human suffering', and 'to protect life andhealth and to ensure respect for the human being'; it must also, andabove all, be given without discrimination to all in need ...80

Suggested Guiding Principles

Guiding principles which should be in any international agreement onthe provision of humanitarian assistance can be drawn from the Court'sstatement in Military and Paramilitary Activities in and AgainstNicaragua (Merits), Judgment." These principles include:

l.The Right to Humanitarian Assistancel.The Right to Humanitarian AssistanceEveryone has the right to request and receive from competent authoritiesor governmental organisations humanitarian aid necessary to sustain lifeand dignity in natural disasters.

2. Responsibility to Provide Assistance During Natural Disasters• Primary responsibility for protection of civilian populations rests

with the government of states where natural disasters occur.• Where that government is unable or unwilling to provide assistance,

the government is obliged to seek external assistance from qualifiednon-government organisations.

• Principles of non-interference and sovereignty should not be used asan obstacle to humanitarian assistance.

3. Qualified OrganisationsThe obligation on receiving states to seek assistance arises in relation toa qualified organisation. A qualified organisation, is:• non-governmental and neutral; and• effective in providing humanitarian assistance, in terms of their

resources and expertise.

4. Provision of AssistanceThe guiding principles for the delivery of assistance in natural disastersare that:• The sole purpose of assistance is to endeavour to prevent and

alleviate human suffering, protect life and health;

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• Priority should be given to the most urgent cases of distress;• Assistance shall be provided without discrimination of any kind such

as race, colour, sex, language, religion, birth or other status;• Assistance shall be free of charge unless otherwise agreed between the

assisting organisation and receiving state;• Assistance rendered shall be used by receiving states for the purpose

for which it is intended; and• Receiving states shall facilitate the work of the qualified organisations

to ensure the most effective use of assistance provided.

CONCLUSIONS

In light of the 1997 North Korean experience and other naturaldisasters, the international regime dealing with provision ofhumanitarian assistance to victims of natural disasters requires attention.Uncertainty relating to rights and obligations during natural disasters hasled to prevarication by states and international organisations inproviding emergency relief. Further, governments that have been unableto provide aid to victims of natural disasters have been unwilling to allowimmediate external humanitarian assistance to victims. Therefore, aninternational agreement should be concluded, codifying and elaboratingon the principles relating to humanitarian assistance enunciated inMilitary and Paramilitary Activities in and against Nicaragua. One ofthese principles is an obligation on states that are unable to provide aidto their nationals to provide neutral non-governmental organisations theright of access to victims in their territory. It is important to include thisright of access in a multilateral instrument because increasingly naturaldisasters are occurring in developing countries such as North Korea, Iranand Bangladesh, which do not have the economic resources to provideassistance required to secure the right to life of their nationals. Limitingthis right of access to neutral non-governmental organisations canovercome objections based on state sovereignty, thus making such aconvention feasible. Then, it would be conceivable that, like theConvention on the Rights of the Child whose ratifiers increased from 61to 190 in a relatively short period,82 the impetus and pressure from theinternational community and frequent natural disasters will motivatestates to become parties to a Convention on humanitarian assistance.

ACKNOWLEDGEMENTS

The authors thank James Thomson and Peter Johnston for their comments on an earlydraft.

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NOTES

1. On 11 December 1989 the UN General Assembly proclaimed the 1990s as the InternationalDecade for Natural Disaster Reduction: GA Res 44/236 (22 Dec. 1989).

2. 'The Horrors of North Korea', The Economist, 9 Aug. 1997, p.27.3. The Washington Post, 27 May 1997.4. Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Art. 15,

75UNTS p.287 (21Oct. 1950).5. For example, UN General Assembly Resolutions in connection with the activities of the

Office of the Disaster Relief Co-ordinator do not refer to the relevance of human rightsinstruments.

6. Natural disasters are those resulting from the effects of natural phenomena. For example,earthquakes, volcanic eruptions, floods and droughts.

7. See the UN Draft Convention on Expediting the Delivery of Emergency Assistance; Art.1,para.1(c) in A. Kalshoven, Assisting the Victims of Armed Conflict and Other Disasters,p.222 (1988).

8. Strengthening the Coordination of Humanitarian Emergency Assistance of the UN GA46/182 (19 Dec. 1991).

9. 'Military and Paramilitary Activities in and against Nicaragua (Merits), Judgement', 1986,ICJ Rep. Vol.14, p.47.

10. B. Tanja, 'Humanitarian Intervention and Humanitarian Assistance,' p.72 in EuropeanCommission, Law in Humanitarian Crises - Access to Victims: Right to Intervene or Right toReceive Humanitarian Assistance? (1995).

11. E. Harrington, 'Operation Provide Comfort: A Perspective in International Law',Connecticut J. qf lnf'l L., Vol.8, p.635 (1995).

12. Article 38(l)(b) of the Statute of the International Court of Justice 1976 YBUN 1052; 'NorthSea Continental Shelf Cases', 1969 ICJ Rep Vol.3, p.43, para.74.

13. Proposed Draft Convention on Expediting the Delivery of Emergency Relief UN Doc.A/39/267/Add.2, 1984.

14. Ibid.15. Press Release ECOSOC/5675 41st Meeting (19 July 1996).16. See GA Res 1714 (XVI) 1961 and the World Food Program Constitution, para.10(a).17. GA Res 2095 (XX) 1965.18. 'Another Go At Reviving the UN', The Economist, 19 Jul. 1997.19. R. Guttman, Emma Bonio: European Commissioner for Humanitarian Aid, Europe, p. 114

(Nov. 1995).20. Y. Beigbeder, The Role and Status of International Humanitarian Volunteers and

Organisations: The Right and Duty to Humanitarian Assistance, Ch.5-7 (1991).21. Ibid. p.74.22. 'Death in the Afternoon: Iran's Earthquake', The Economist, 8 Mar. 1997.23. Médecins Sans Frontières/Switzerland, Annual Report 1991.24. Supra note 20, p.263.25. World Health Organisation, The Challenge of African Disasters, pp. 114-16 (1991).26. United Nations Disaster Relief Office, Directory of National Emergency Response Offices,

Disaster Emergency Plans and Legislations, and Regional and Sub-Regional Agreements forDisaster Assistance (1992). The directory lists the legislation of 64 countries.

27. Ibid. The relevant agreements include: Agreement for Non-Aggression and Assistance in theField of Defense between Member States of the West African Economic Community;Association of South-East Asian Nations Declaration for Mutual Assistance on NaturalDisasters; Caribbean Disaster Emergency Response Intergovernmental Agreement; NorthAtlantic Treaty Organisation's Civil Emergency Planning Department; Permanent Inter-StateCommittee on Drought Control in the Sahel; Agreement between countries of the EuropeanFree Trade Association and those of the European Community concerning collaboration inthe field of Civil Defense and Disaster Assistance; Horn of Africa Declaration ofCommitment to the Observance and Promotion of Humanitarian Principles and Norms; OPACouncil of Europe - Open Partial Agreement on the Prevention of, Protection Against, and

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4 8 T H E INTERNATIONAL JOURNAL OF HUMAN RIGHTS

Organisation of Relief in Major Natural and Technological Disasters; Pan-American HealthOrganisation's Emergency Preparedness and Relief Co-ordination Program.

28. Supra note 12, p.44, para.77.29. Ibid.30. For example, GA/Res/42/22 (13 Dec. 1994), para.6.31. Supra note 2.32. During UN General Assembly discussions in 1991, many participants contended that

humanitarian aid was a human right and should be available to all in need. See:Strengthening the Coordination of Humanitarian Emergency Assistance of the UnitedNations, GA Res 46/182 (19 Dec. 1991). It has been recognised that groups of victims ofnatural disasters may be entitled to collective or individual human rights. See: 'InternationalLegal Notes', Australian L.J., Vol.59, pp.353, 354 (1985).

33. 'Legality of the Threat or Use of Nuclear Weapons', 1996 ICJ Rep, para.25 (AdvisoryOpinion 8 July 1996); Toman, 'Towards a Disaster Relief Law', in Kalshoven, supra note 7,p.182.

34. GA Res 217A (III) UN Doc A/810 (1948).35. 999 UNTS 171 (1976).36. 28 ILM 1457 (1989).37. 213 UNTS 221 (1955).38. 9 ILM 673 (1970).39. 21 ILM 59 (1982).40. OES/Ser. L/V/I.4 Rev. (1965).41. Przetacznik, 'The Right to Life as a Basic Human Right', Human Rights Journal, Vol.9,

pp.585, 589 (1976); S. Chan, 'Humanitarian Assistance by International Organizations',Singapore Journal of Legal Studies pp.320, 324 (1991); T. Meron, 'On a Hierarchy ofInternational Human Rights', AJIL Vol.61, p.870; B. Ramcharan, The Right to Life inInternational Law 3 (1985).

42. GA Res 217A (III) UN Doc A/810 (1948).43. 999 UNTS 171 (1976).44. Declaration of the Rights of the Child, GA Res. 1386 (XIV) 1959; Universal Declaration on

the Eradication of Hunger and Malnutrition, GA Res 3348 (XXIX) 1974, para.1; Food andAgricultural Problems, GA Res 166 UN GAOR 39th Session (1984), Principle 6.

45. D. Buckingham, 'A Recipe for Change: Towards an Integrated Approach to Food UnderInternational Law', Pace International Law Review, Vol.6 (1994), pp.285, 293.

46. Ibid. See also P. Alston and K. Tomasevski (eds) The Right to Food, Vol.9 (1984).47. Schachter, 'The Crisis of Legitimation in the United Nations', Nordisk Tidsskrift Vol.50,

No.3 (1981).48. D. Shelton, 'The Duty to Assist Famine Victims', Iowa L.R., Vol.70, p.1313 (1985);

Buckingham, supra note 45, p.294.49. Supra note 25, p.1; United Nations Working Group of the General Assembly: Agenda for

Development A/AC.250 1996, para.157. For example, the UN Department of HumanitarianAffairs' Disaster Mitigation Branch coordinated the international assistance of 45 naturaldisasters in 1992, 75 natural disasters in 1994 and 85 natural disasters in 1995.

50. 'When the World Shook', The Economist, 30 June 1990, p.45.51. 'The Politics of Humanitarianism', Time, 9 July 9 1990, p.36.52. 'The Hour of Doom', Time, 2 July 1990.53. 'Death in the Afternoon: Iran's Earthquake', The Economist, 8 March 1997.54. Supra note 2.55. 'North Korea pulls out of Grain Deal', The Washington Post,4 June 1997, p.25.56. 'Starvation Threatens as Food Stocks Dwindle in Korea DPR'

<http://www.fao.org/news/global>.57. 'Why is North Korea Starving?', The Economist, 7 June 1997, p.27.58. 'The Politics of Famine', Time, 25 Aug. 1997 p.42.59. 'Koreans Agree on Food Aid to the North', The Washington Post, 27 May 1997.60. 'Korea's Twin Crises', The Economist, 22 Feb. 1997, p.28.61. Supra note 58, p.43.

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62. Supra note 56.63. Chan, supra note 41, p.328.64. Ibid.65. Final Report: An Agenda for the Red Cross 80 (1975).66. International Decade for Natural Disaster Reduction, GA Res 49/22 (13 Dec. 1994)

Preamble; Y. Beigbeder, The Role and Status of International Humanitarian Volunteers andOrganization, p.9 (1991).

67. Schachter, Alf Ross Memorial Lecture: The Crisis of Legitimation in the United NationsNordisk Tidsskrift, Vol.50, pp.3, 8 (1981).

68. Strengthening the Capacity of the United Nations System to Respond to Natural Disastersand Other Emergency Situations G.A. Res 36/225 (17 Dec. 1981), Principle 2; HumanitarianAssistance to Victims of Natural Disasters and Similar Emergency Situations G.A. Res43/131 (8 Dec. 1988), Principle 2; Humanitarian Assistance to Victims of Natural Disastersand Similar Emergency Situations GA Res 45/100 (14 Dec. 1990), Principle 2.

69. G.A. Res 46/182 (19 Dec. 1991).70. The UN Ad Hoc Open-ended Working Group of the General Assembly on An Agenda for

Development recognised that a commitment by the international community to the provision'[h]umanitarian assistance is essential for the victims of natural disasters'. See UnitedNations Working Group of the General Assembly, Agenda for Development, supra note 49,para. 146.

71. This point was made by 15 states during discussions in the UN Economic and SocialCouncil. Press Release ECOSOC/5675 42nd Meeting, 19 July 1996.

72. Supra note 65.73. J. Ebersole, 'The Mohonk Criteria for Humanitarian Assistance', Human Rights Quarterly,

Vol.17, p.192 (1995).74. For the purposes of that document, a 'complex emergency' is a humanitarian crisis, which

may involve armed conflict or natural disasters.75. Supra note 73, p.195.76. During discussions that took place with respect to the UN GA Resolution on Humanitarian

Assistance to Victims of Natural Disasters and Similar Emergency Situations GA Res 46/182(19 Dec. 1991) the principles of national sovereignty and non-interference where continuallyadvanced by the delegations of Brazil, India, Pakistan, Mexico, Chile, Nicaragua, Peru,Ethiopia and Sudan.

77. Supra note 73, p. 198.78. P. Macalister-Smith, International Humanitarian Assistance, p.72 (1985).79. 1986 ICJ Rep, p. 124.80. Ibid., p. 125.81. Supra note 79.82. 28 ILM 1457 (1989).

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victims of natural disasters: the right to receive humanitarian assistance

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