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Humanitarian Assistance: towards a right of access to victims of natural disasters

Published online by Cambridge University Press:  23 November 2010

Extract

If recent estimates are to be believed, more than two million people may have died in the famine that engulfed North Korea in 1997 and 1998. In 1997, the United Nations estimated that 4.7 million North Koreans were in danger of starvation. In response, the international community pledged food aid. The International Federation of Red Cross and Red Crescent Societies presented an expanded appeal for aid in June 1997. In January 1998, the World Food Programme (WFP) launched its biggest appeal, setting a target of 380 million US dollars in food aid, nearly double the amount requested for 1997. Yet, the international community has met resistance in attempting to assist North Koreans suffering from malnutrition and facing starvation.

Type
Research Article
Copyright
Copyright © International Committee of the Red Cross 1998

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References

1 McGregor, R., “Hidden holocaust”, The Australian, 21 February 1998.Google Scholar

2 “Koreans agree on food aid to the North”, The Washington Post, 27 May 1997.

3 “North Korea offers dialogue in rare ouverture”, The Washington Post, 20 February 1998, p. 1.

4 “When the world shook”, The Economist, 30 June 1990, p. 45.

5 “The politics of humanitarianism”, Time, 9 July 1990, p. 36.

6 “Death in the afternoon: Iran's earthquake”, The Economist, 8 March 1997.

7 United Nations Office for the Coordination of Humanitarian Affairs, “UN, ICRC seek $2.5 million for Afghan air drop”, Reuters, 12 February 1998.

8 “Desperate Afghan quake victims await help”, Reuters, 10 February 1998.

9 Ibid. See also “Politics of the Afghan earthquake”, The Economist, 14 March 1998, p. 30.

10 UNGA resolution 44/236, 22 December 1989.

11 Agenda for development, UN doc. A/AC.250, 1996, para. 157. For example, the United Nations Department of Humanitarian Affairs' Disaster Mitigation Branch coordinated international assistance in 45 natural disasters in 1992, 75 natural disasters in 1994, and 85 disasters in 1995.

12 In particular, the Fourth Geneva Convention relative to the protection of civilian persons in time of war, of 12 August 1949.

13 Fielding, L., “Taking the next step in the development of new human rights: the emerging right of humanitarian assistance to restore democracy”, Duke Journal of International and Comparative Law, No. 5, 1995, p. 329 Google Scholar ; Stopford, M., “Humanitarian assistance in the wake of the Persian Gulf War”, Virginia Journal of International Law, No. 3, 1993, p. 491.Google Scholar

14 See the UN Draft Convention on expediting the delivery of emergency assistance, Art. 1, para. 1(c), UN Doc. A/39/267/Add. 2, 1984. See also “Strengthening the coordination of humanitarian emergency assistance of the UN”, UNGA resolution 46/182 of 19 December 1991.

15 Military and Paramilitary Activities in and against Nicaragua (Merits), Judgment, ICJ Rep., 1986, pp. 57 and 125. Although this statement was made in the context of an armed conflict, there is no objection, in principle, to its application in natural disasters.

16 IRRC, No. 322, March 1998, p. 159–176.

17 “Update No. 98/02 on ICRC activities for victims of the earthquake in Afghanistan”, 17 February 1998.

18 “Update No. 98/03 on ICRC activities for victims of the earthquake in Afghanistan”, 25 February 1998.

19 “Update No. 98/04 on ICRC activities in Afghanistan”, 3 March 1998.

20 “Earthquake in Hebei Province, Situation Report No. 1”, 16 January 1998, www.reliefweb.int.

21 “China: Earthquake in Hebei province, Situation Report No. 2”, 3 February 1998, www.reliefweb.int.

22 Alston, P., “A third generation of solidarity rights: Progressive development or obfuscation of international human rights law”, Netherlands International Law Review, No. 29, 1982, pp. 307, 309CrossRefGoogle Scholar ; Alston, P., “Conjuring up new human rights: A proposal for quality control”, American Journal of International Law, No. 78, 1984, p. 607 CrossRefGoogle Scholar ; Bilder, R., “Rethinking international human rights: Some basic questions”, Wisconsin Law Review, 1969, p. 175 Google Scholar ; Dissenting Opinion of Luis Demetrio Tinoco Castro, Resolution No. 23/81, Case 2141 (United States), 6 March 1981, Annual Report of the Inter-American Commission on Human Rights 1980–1981, doc. OEA.Ser.L/V/11.54, doc. 9, 1981, p. 54.

23 Preamble to the Universal Declaration of Human Rights, 10 December 1948.

24 P. Alston, op. cit., 1984, (note 22), p. 614.

25 P. Alston, op. cit., 1982, (note 22), p. 308; Marks, S., “Emerging human rights: A new generation for the 1980s?”, Rutgers Law Review, No. 33, 1981, pp. 435 Google Scholar , 449; Vasak, K., “For the third generation of human rights: The rights of solidarity”, Inaugural Lecture to the Tenth Study Session of the International Institute of Human Rights, Strasbourg, July 1979.Google Scholar

26 IRRC, No. 310, January-February 1996, pp. 119–127, at p.120.

27 Article 38, para. 1(b), of the Statute of the International Court of Justice; North Sea Continental Shelf Cases, ICJ Rep., 1969, p. 43, para. 74.

28 Supra (note 14).

29 Ibid.

30 Gunning, I., “Modernizing customary international law: The challenge of human rights”, Virginia Journal of International Law, No. 31, 1991, pp. 212, 221–222Google Scholar ; Bugnion, F., “Red Cross law”, IRRC, No. 308, September-October 1995, pp. 491, 508–518.Google Scholar

31 Press release, ECOSOC/5675, 19 July 1996.

32 See UNGA resolution 1714 (XVI), 1961, and the World Food Programme Constitution, para. 10(a).

33 “Afghanistan — Earthquake”, OCHA Situation Report No. 10, 25 February 1998, www.reliefweb.int.

34 Ibid.

35 Press release, OCHA, 26 January 1998.

36 “European Commission is ready to mobilize up to ECU 2 million for the victims of the earthquake in Afghanistan”, 9 February 1998, www.reliefweb.int.

37 Beigbeder, Y., The role and status of international humanitarian volunteers and organizations: The right and duty to humanitarian assistance, Martinus Nijhoff Publishers, London, 1991, Chapters 5–7.Google Scholar

38 Forsythe, D.P., “Human rights and the International Committee of the Red Cross”, Human Rights Quarterly, No. 12, 1990, p. 265.Google Scholar

39 Op. cit. (note 26), pp. 119–127.

40 Ibid., pp. 102–112.

41 Ibid., para. 2.1, p. 102.

42 Ibid., para. 1, p. 120.

43 Ibid., Purpose, p. 119.

44 Médecins sans frontières/Suisse, Annual Report 1991.

45 Y. Beigbeder, op. cit. (note 37), p. 263.

46 “Afghanistan — Earthquake”, OCHA Situation Report No. 4, 3 March 1998, www.reliefweb.int.

47 Directory of National Emergency Response Offices, Disaster Emergency Plans and Legislation, and Regional and Sub-Regional Agreements for Disaster Assistance, UNDRO, 1992. The directory lists the legislation of 64 countries.

48 Ibid. The relevant agreements include: Agreement for non-aggression and assistance in the field of defence between Member States of the West African Economic Community; Association of South-East Asian Nations — Declaration for mutual assistance on natural disasters; Caribbean Disaster Emergency Response Intergovernmental Agreement; North Atlantic Treaty Organization's Civil Emergency Planning Department; Permanent Inter-State Committee on Drought Control in the Sahel; Agreement between countries of the European Free Trade Association and those of the European Community concerning collaboration in the field of civil defence and disaster assistance; Horn of Africa Declaration of commitment to the observance and promotion of humanitarian principles and norms; Council of Europe — Open Partial Agreement on the prevention of, protection against, and organization of relief in major natural and technological disasters; Pan-American Health Organization's Emergency Preparedness and Relief Co-ordination Program.

49 “China Earthquake”, Situation Report No. 2, 21 January 1998, www.reliefweb.int.

50 “North Korea says it is running out of food”, The Washington Post, 3 March 1998, p. 11.

51 Supra (note 27), p. 44, para. 77.

52 Universal Declaration of Human Rights, Art. 3; International Covenant on civil and political rights, Art. 6, para. 1; Convention on the rights of the child, Art. 1; European Convention for the protection of human rights and fundamental freedoms, Art. 2; African Charter on human and peoples' rights, Art. 4; American Declaration of the rights and duties of man, Art. 1.

53 International Covenant on economic, social and cultural rights, Art. 11; Declaration of the rights of the child, UNGA resolution 1386 (XIV), 1959; Universal Declaration on the eradication of hunger and malnutrition, UNGA resolution 3348 (XXIX), 1974, para. 1; Food and Agricultural Problems, UNGA resolution 39/166, 1984, Principle 6.

54 Universal Declaration of Human Rights, Art. 25; International Covenant on economic, social and cultural rights, Art. 11.

55 Ibid.

56 World Health Organization, The Challenge of African Disasters, UNITAR, 1991, p. 1.Google Scholar

57 See the examples given at the beginning of this paper.

58 Tansley, Donald D. (ed.), Final Report: An Agenda for Red Cross, Geneva, 1975, p. 80.Google Scholar

59 Ebersole, J., “The Mohonk criteria for humanitarian assistance”, Human Rights Quarterly, No. 17, 1995, p. 192.CrossRefGoogle Scholar

60 For the purposes of that document, a “complex emergency” is a humanitarian crisis, which may involve armed conflict or natural disasters.

61 J. Ebersole, loc. cit. (note 59), p. 195.

62 UNGA resolution 41/120, 3 December 1986.

63 Shaw argues that the right to life can be characterized as a principle of jus cogens: Shaw, M.N., International Law, Grotius Publications, 3rd edition, Cambridge, 1991, p. 240 Google Scholar . See also Ago, R., “Droit des traités a la lumière de la Convention de Vienne. Introduction”, Recueil des Cours, 1971, No. 3, p. 324.Google Scholar

64 International Decade for Natural Disaster Reduction, UNGA resolution 49/22, 13 December 1994, Preamble; Strengthening the capacity of the United Nations system to respond to natural disasters and other emergency situations, UNGA resolution 36/225, 17 December 1981, Principle 2; Humanitarian assistance to victims of natural disasters and similar emergency situations, UNGA resolution 43/131, 8 December 1988, Principle 2; Humanitarian assistance to victims of natural disasters and similar emergency situations, UNGA resolution 45/100, 14 December 1990, Principle 2; Y. Beigbeder, op. cit. (note 37), p. 9.

65 Art. 55 of the Charter of the United Nations.

66 Corfu Channel (UK v. Albania), ICJ Rep., 1949, p. 22.

67 During discussions that took place in the UN General Assembly on the resolution on humanitarian assistance to victims of natural disasters and similar emergency situations (UNGA res. 46/182, 19 December 1991), the principles of national sovereignty and non-interference were continually advanced by the delegations of Brazil, India, Pakistan, Mexico, Chile, Nicaragua, Peru, Ethiopia and Sudan.

68 Op. cit. (note 58), p. 80.

69 South-West AfricaVoting procedure (Advisory Opinion), ICJ Rep., 1955, p. 77; McDougal, M., Lasswell, H. & Miller, J., The interpretation of agreements and World Public Order, Yale University Press, New Haven, 1967, Chapter 4.Google Scholar

70 D'Amato, A., “The invasion of Panama was a lawful response to tyranny”, American Journal of International Law, No. 84, 1990, p. 518.CrossRefGoogle Scholar

71 Koh, Tommy, in The Quest for World Order, Times Academic Press, Singapore, 1998, pp. 4243 Google Scholar . The author is Singapore's Ambassador-at-Large. Similar sentiments were expressed by Malaysian Deputy Prime Minister Anwar Ibrahim in “Cultural differences or Asian values no excuse”, The Straits Times, 8 December 1994.

72 UN doc. S/PV/2902, 23 December 1989, p. 8.

73 Mills, K., “Reconstructing sovereignty: A human rights perspective”, Netherlands Quarterly of Human Rights, No. 15, 1997, pp. 267, 278–279Google Scholar ; Reisman, M., “Sovereignty and human rights in contemporary international law”, American Journal of International Law, No. 84, 1990, pp. 866 CrossRefGoogle Scholar , 873; Fleiner-Gerster, T. and Meyer, M., “New developments in humanitarian law: A challenge to the concept of sovereignty”, International and Comparative Law Quarterly, No. 34, 1985, pp. 267, 277.CrossRefGoogle Scholar

74 Supra (note 62).

75 J. Ebersole, op. cit. (note 59), p. 198.

76 Macalister-Smith, P., International humanitarian assistance, Martinus Nijhoff Publishers, Boston, 1985, p. 72.CrossRefGoogle Scholar

77 Ibid., p. 125.

78 Op. cit. (note 15), p. 125.

79 It has been acknowledged that non-governmental organizations, such as the ICRC, play a significant role in encouraging States to ratify international agreements. See Gasser, H.P., “Persuading States to accept humanitarian treaties”, IRRC, No. 320, September-October, 1997, p. 529.CrossRefGoogle Scholar