Chapter
8
Box 8.3 IDL
– areas in need of further legal development
Humanitarian
standards of profes-sionalism (e.g., Sphere).
Quality assurance mechanisms, impartially applied, would en-hance
the legitimacy of humanitarian res-ponders seeking access to funds
and disaster zones.
Humanitarian
standards of conduct. Humanitarian responders should
abide by legal norms (e.g., respecting host nation public health
and traffic regulations).
Transportation,
immigration and customs. A common framework of universally
recognized rules granting priority trans-portation and entry for
relief goods and personnel must be built on foundations that already
exist.
Standards
for relief goods. Current guidelines on appropriate
drug and relief donations need strengthening in order to avoid
diversion of logistical resources to the delivery of inappropriate
assistance.
Information
sharing. Rapid sharing of data on unfolding disasters,
consequences and responses – internationally and locally – could
greatly boost agency coordination and effectiveness.
Access and
security. States should cooperate with humanitarian
responders and ensure that assistance is not disrupted, nor the
security of aid staff threatened.
Contingency
planning. Rapid response to sudden disasters saves
lives. But to achieve this, responders need a system to train
and maintain emergency response teams, prearranged waivers to
allow rapid deployment, and perhaps a system for pre-positioning
of essential supplies.
Interface
with IHL. Complex humanitarian emergencies have blurred
distinctions between peace and war. The overlap of IHL and IDL
would need clarifying in situations when natural or technological
disasters afflict areas where armed conflict is under way.
Lessons
learned. Any treaty-based approach to international
disaster response should promote information sharing, so as to
incorporate lessons learned and hone better rules and regulations
for the future.
Disaster
preparedness and mitigation. To be truly effective,
IDL would encompass disaster mitigation measures ranging from
construction codes and environmental planning to early warning
systems and evacuation procedures. Rules could facilitate information
sharing and technical cooperation between states to achieve these
goals.