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International disaster response laws
The growing number of disasters and their humanitarian impacts has prompted the need for a framework that addresses the responsibilities of states and humanitarian agencies in disaster settings. This has led to the emergence of international disaster response laws, rules and principles (IDRL): a collection of international instruments addressing various aspects of post-disaster humanitarian relief.〔GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham http://www.gsdrc.org/go/topic-guides/international-legal-frameworks-for-humanitarian-action/challenges/-traps-and-debates/the-emergence-of-international-disaster-response-laws-rules-and-principles〕 The IDRL of the International Federation of Red Cross and Red Crescent (IFRC) examines the legal issues and frameworks associated with disaster response with particular emphasis on international humanitarian assistance. The IDRL Programme seeks to promote the use of the IDRL Guidelines and support national Red Cross societies in improving legal preparedness for natural disasters in order to reduce human vulnerability.
==Differing contexts – disasters and armed conflicts==
There is often a greater expectation in the case of disasters than in armed conflicts that domestic authorities will take the primary role in international humanitarian aid efforts and will not only facilitate access, but also coordinate it and monitor its effectiveness. In addition, given the longer establishment of International Humanitarian Law (IHL), there is much broader acceptance and clarification of the specific rights and obligations in armed conflict. There are fewer conditions that can legitimately be imposed on international humanitarian organizations before allowing them access in conflict settings.〔GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham〕
In terms of regulatory concerns, many of the same issues are faced in both disaster and conflict environments. These include regulatory barriers, such as bureaucratic delays in the entry of personnel, goods and equipment; and regulatory gaps, such as the absence of mechanisms to facilitate efficient domestic legal recognition of international organizations. There are also differences, however, for example concerns over security, which may not be as relevant in some disaster situations.〔GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham〕
In mixed situations, where there is both a disaster and ongoing armed conflict – for example the 2004 tsunami in Sri Lanka – IHL is the governing law. Even if the need for relief is prompted by a natural disaster rather than by ongoing fighting, the obligations of the parties to the conflict in an armed conflict setting remain the same.〔Fisher, D. (2010). The right to humanitarian assistance. Studies in Transnational Legal Policy, 47, 41-128. http://heinonline.org /HOL/Page?handle=hein.journals/stdtlp41&div=9&g_sent=1&collection=journals〕
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