Journal Article

The Applicability of IHL in Mixed Situations of Disaster and Conflict

Daniela Gavshon

in Journal of Conflict and Security Law

Volume 14, issue 2, pages 243-263
Published in print January 2009 | ISSN: 1467-7954
Published online September 2009 | e-ISSN: 1467-7962 | DOI: https://dx.doi.org/10.1093/jcsl/krp021
The Applicability of IHL in Mixed Situations of Disaster and Conflict

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There is an increasing number of natural and human-made disasters. There has also been increasing attention given to international disaster response laws. In a recently published study, the International Federation of Red Cross and Red Crescent Societies stated that in mixed situations of disaster and conflict, international humanitarian law will prevail with international disaster response law instruments varying in their applicability. This paper examines whether in fact international humanitarian law is sufficient to deal with mixed situations, in particular, with relief efforts. The author concludes that international humanitarian law is useful as a basis, but other areas of law are essential in filling the gaps, particularly international disaster response laws. As such, the author believes emerging international disaster response law instruments should be encouraged to have a broad scope whereby these instruments include mixed situations too.

Journal Article.  9870 words. 

Subjects: Public International Law

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