ReliefWeb

“Disasters do not strike departments or committees, they strike communities. In the long run we will not be successful in reducing risks if our laws merely distribute responsibilities among dedicated agencies and expert groups.”

What is International Disaster Law?

International disaster law (IDL) focuses on the legal issues arising from the preparation for, response to and recovery from different natural hazards, such as earthquakes or storms, as well as human-made disasters such as large-scale industrial accidents.

Why is IDL needed?

The humanitarian impact of major disasters, such as the 2004 Indian Ocean Tsunami or 2010 Haitian earthquake, are undeniable. However, despite the long history of legal protection for the victims of armed conflict, it is only in the past 20 years that serious consideration has been given to the role that law can play in protecting persons before, during and after major disasters. Events such as Hurricane Katrina in the USA and the 2011 Fukushima tsunami and nuclear disaster in Japan highlight that even the wealthiest societies may require international support when disasters strike.

Disasters and the law

“Regulatory mechanisms are often seen as impediments in the aftermath of a disaster – something to be bypassed rather than as tools to enhance the effectiveness of response. But well-designed systems and processes are critical to meet the needs of the affected population. They can swiftly and efficiently direct international assistance to where it is most needed, and they can help ensure that appropriate quality and accountability standards are maintained.”
Bekele Gelata, Secretary General IFRC

Key issues which a strong legal and regulatory framework can address include:

• Proliferation of international responders: recent years have seen a vast increase in the number and type of international actors responding to major disasters. While international assistance is often welcome, it can also place severe strain on national and local authorities to cooperate, facilitate and oversee such international support – particularly when the existing systems were already weak or have been damaged by the disaster itself.
• Bureaucracy: an influx of international aid can cause significant and often damaging delays in obtaining entry visas, transportation permissions, customs clearance, telecommunications provision and personnel registration, all of which can slow down the capacity of responders to supply assistance.
• Ill-preparedness and the absence of regulatory mechanisms: regulatory mechanisms are crucial to meet the needs of disaster-affected populations. A well-designed system can direct international assistance towards the areas where it is most required, and can ensure that quality and accountability standards are upheld at all stages of preparation, response and recovery.

(excerpt)