At its 62nd session (carried out over several dates between May and August in Geneva), the International Law Commission (ILC) is continuing its work on its “draft articles” on the “protection of persons in the event of disasters,” based on recommendations by Special Rapporteur Eduardo Valencia-Ospina. While not definitely decided, many observers expect that the “draft articles” will eventually be presented to states as a draft treaty.
Last year, the ILC provisionally adopted the first five articles of the instrument, setting out its intended scope, providing a definition of “disaster” and asserting that states have a “duty to cooperate” with UN agencies, the IFRC and ICRC and relevant inter-governmental and non-governmental organizations in disaster response.
State members of the UN’s Sixth Committee had an opportunity to comment on those first steps at their session in November last year (as summarized in this document prepared by the UN’s Office of Legal Affairs). A number of them expressed their support for the initiative but some also expressed doubts about the viability of a binding instrument.
For this year’s session, the Special Rapporteur has suggested three new articles concerning humanitarian principles, human dignity and the primary responsibility of the affected state in providing humanitarian assistance.