Report of the International Law Commission on the Work of its 54th Session
Statement delivered by Victoria Bannon, co-ordinator, International Disaster Response Law Project of International Federation Permanent Observer Office to the United Nations in New York, to the United Nations General Assembly, Sixth Committee, New York
5 November 2002



Mr. Chairman,

The International Federation of Red Cross and Red Crescent Societies (IFRC) sought the floor to speak under the item on the Report of the International Law Commission, in particular Chapter IX of the Report on the Fragmentation of International Law. The IFRC is aware of the challenges that can arise from uncontrolled expansion of international law, however also recognises the importance of an international legal system that is responsive to the changing needs of the international community.
Therefore the IFRC welcomes the initiative of the ILC to undertake studies in this area and we would like to draw the attention of the ILC and States present, to the work of the IFRC in responding to the challenges of fragmentation in the area of international disaster response.

Our intervention relates to the progress of the International Disaster Response Law (IDRL) Project, an initiative of the IFRC, which has been in active development since the publication of an important article on the subject in the World Disasters Report in 2000. The IDRL Project has since been the subject of a number of consultations involving governments, National Red Cross and Red Crescent Societies, the UN system, international organisations and certain NGOs.

The Project has been the subject of several IFRC interventions in debates in the General Assembly and ECOSOC, as well as some functional commissions and in Specialised Agencies. It was first described to the General Assembly during the Special Session on Human Settlements in 2001, and was brought firmly into the context of the United Nations system by a reference in the Report of the Secretary-General on the Strengthening of the Co-ordination of Emergency Humanitarian Assistance of the United Nations (A/57/77, paragraph 23).

It is important to begin by noting that reference, and explaining with clarity what the IFRC is doing, and what it is not doing, at present.

As noted in the World Disasters Report in 2000, it has become apparent to the IFRC and its member National Red Cross and Red Crescent Societies, and to many other experts and government officials in different regions and countries, that there is a worrying lack of clarity about what the law actually is, and how it is administered and implemented. This has created, among other things, problems of uncertainty and has sometimes caused the wastage of time at critical moments. Indeed, lack of knowledge of the law has the potential to slow down emergency response and cost lives.

In order to improve our operational responses and planning and co-ordination tools, the IFRC convened a group of legal and field experts from various institutions and organisations, including UN OCHA, in February 2001 to consider the issues and then initiated a study of existing legislation and field practice relevant to international disaster response - the IDRL Project.

It is important to note, in the context of the ILC's study on the fragmentation of international law, that the IDRL Project is not seeking to develop a new law. Rather, it is engaged in the collection and detailed analysis of all existing international law relating to natural disaster - hard and soft - and assessing its efficacy on the basis of field studies in selected disaster-prone regions.

The outcomes of the Project will be brought to the attention of governments and National Red Cross and Red Crescent Societies when they meet together in the International Conference of the Red Cross and Red Crescent in December 2003, in Geneva.

The objective of the IFRC in undertaking this work has been to improve the capacity of all those who come together to respond to emergencies, and to natural disasters in particular, to do so in a way which maximises the ability of responders to respond and minimises the threat posed to the vulnerable population jeopardised by the disaster.

The collation and publication of existing instruments within the general framework of International Disaster Response Law will have two beneficial results. It will provide a measuring stick against which any weaknesses and gaps in current laws can be identified, along with an assessment of their effectiveness in the field. It will also provide, for the first time, a compendium of existing law, which will make possible the later extraction of a simplified and understandable publication, which can be used by people in the field at disaster locations.

The timetable for the IDRL Project envisages the publication of the compendium early in 2003 and the completion of field studies at about the same time. The IFRC then envisages about 9 months of intensive consultation with governments, National Red Cross and Red Crescent Societies, international organisations and other actors in the disaster response field. This will make it possible for the IFRC to prepare for the detailed consideration of options for future work on this important subject at the December 2003 International Conference of the Red Cross and Red Crescent.

Delegations in the Sixth Committee may be interested to note that the IFRC has already commissioned and obtained a preliminary analysis of existing treaty law written by Professor Horst Fischer of Bochum University in Germany. We are also utilising the knowledge and research capacity of other academic institutions, including the Institute of Foreign Comparative Law of the University of South Africa.

The preliminary findings reveal that there is a complex network of predominantly bilateral treaties between states for the facilitation of humanitarian assistance in times of natural and other disasters. These treaties deal with a range of issues including the facilitation of access of personnel and equipment, the exemption of relief goods from taxes and duties and the status, immunities and protection of relief personnel, as well as provisions relating to the allocation of responsibilities and co-ordination of international relief efforts.

There are also a number of sometimes-isolated provisions in multilateral treaties, which relate to disaster response or the delivery of assistance to victims, as well as a number of treaties on other subjects, which have an application to situations when disasters strike, even though they were not drafted with emergency response situations in mind at the time. Our research also indicates that the way many bilateral treaties cover the response work of international organisations orother non-state entities is uneven. In most cases there is no reference to this element of disaster response.

Early discussions with some governments through various formal and informal sessions in Geneva have indicated their welcome for the analysis now being performed by the IFRC: one has noted that it has found over 90 bilateral treaties in its own inventory, which suggests a need for work which might help with the identification of primary needs in such treaties, and consistency across regions. Also considered of great significance by the IFRC is the discussion on International Urban Search and Rescue, led by the delegation of Turkey, which took place during ECOSOC in July and which has been followed by important consultations since.

The IDRL project will be managed through to December 2003 in a wholly inclusive way. This means that it will involve States, United Nations agencies, National Red Cross and Red Crescent Societies, field NGOs, academics and other experts in collecting relevant materials, gathering valuable experience from the field and in discussing ways for better recognition and development of this important area of law. The wealth of experience to be marshalled by the IDRL Project will help decision-makers gain a clear appreciation of what it is that needs to be done to ensure that the world has access to a body of law that will be of direct benefit to the victims of disasters, in a true spirit of human solidarity.

Mr. Chairman,

The IFRC, consistent with its responsibilities, undertakes to keep the United Nations system and States fully informed of its work in this important area of international law. It will be important, when the issues come for discussion in the International Red Cross and Red Crescent Conference in December 2003, for lawyers, practitioners and all governmental and non-governmental agencies with an interest in the subject to be well briefed and capable of engaging the issues with clarity, and with a keen appreciation of the way international law can contribute to saving lives.

Thank you.