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Journal of Conflict and Security Law Advance Access originally published online on September 16, 2009
Journal of Conflict and Security Law 2009 14(2):243-263; doi:10.1093/jcsl/krp021
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© Oxford University Press 2009; all rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

The Applicability of IHL in Mixed Situations of Disaster and Conflict

Daniela Gavshon*

* The author of this paper is a teaching assistant at the Geneva Academy of International Humanitarian Law and Human Rights (ADH) and completed her LLM in International Humanitarian Law at ADH in 2008.


  Abstract

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.


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