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Analytical Guide



Protection of persons in the event of disasters

last update: 28 July 2009

A. Mandate

    - 2006 recommendation of the Working-Group on the long-term programme of work
    - 2007 decision to include the topic in its programme of work
    - G.A. Res.62/66 of 6 December 2007

B. Studies undertaken by the Secretariat and Reports of the Secretary-General

    1. 60th session of the International Law Commission (2008)  
      - Memorandum by the Secretariat
- U.N. Doc. A/CN.4/590 (F, S, R, C, A) and Add.1 (F, S, R, C, A), 2 (F, S, R, C, A) and 3 (E only)
C. Reports of the Working Group or Sub-Committee 
    None
D. Reports of the Special Rapporteur 
    1. Discussion of the background to the inclusion of the report in the work programme of the Commission, the applicable sources, the scope of the topic and the possible eventual form of the outcome of the Commission's work
      - Preliminary report of the Special Rapporteur, Mr. Eduardo Valencia-Ospina (60th session of the ILC (2008))
- U.N. Doc. A/CN.4/598 (F, S, R, C, A)
- ILC Report, A/63/10, 2008, chp.IX, paras. 217-264
    2. Defining the scope of the topic (ratione materiae, ratione personae, ratione temporis), definition of "disaster", the principle of solidarity and cooperation, as well as a discussion on future work.
      - Second report of the Special Rapporteur, Mr. Eduardo Valencia-Ospina (61st session of the ILC (2009))
- U.N. Doc. A/CN.4/615 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)

E. Reports of the Drafting Committee 
    None 
F. Comments by Governments 

None

 
G. Other 

None

 
H. Reports of the International Law Commission 
    1. Report of the International Law Commission on the work of its Fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007   
      - Decided to include the topic in its current programme of work and appointed Eduardo Valencia-Ospina as Special Rapporteur .  
      - Discussion in Plenary: 2929th (F) mtg (1 June 2007) 
- ILC Report, A/62/10, 2007, Chp. X.A.4, para.375
    2. Report of the International Law Commission on the work of its Sixtieth session, 5 May to 6 June and 7 July to 8 August 2008   
      - The Commission had before it the preliminary report of the Special Rapporteur (A/CN.4/598), tracing the evolution of the protection of persons in the event of
      disasters, identifying the sources of the law on the topic, as well as previous efforts towards codification and development of the law in the area, presenting in broad outline the various aspects of the general scope with a view to identifying the main legal questions to be covered and advancing tentative conclusions without prejudice to the outcome of the discussion that the report aimed to trigger in the Commission. The Commission also had before it a memorandum by the Secretariat, focusing primarily on natural disasters (A/CN.4/590 and Add.1 to 3) and providing an overview of existing legal instruments and texts applicable to a variety of aspects of disaster prevention and relief assistance, as well as of the protection of persons in the event of disasters.  
      - Discussion in Plenary: 2978th (F), 2979th (F), 2980th (F), 2981st (F) and 2982nd (F) mtgs, on 15 to 18 and 22 July 2008, respectively.
- ILC Report, A/63/10, 2008, Chp. IX, paras.214-264
   
I. General Assembly Action 
    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Took note of the decision of the International Law Commission to include the topic in its programme of work.

 

    Res. 63/123 of 11 December 2008 (E, F, S, R, C, A)
      - Drew the attention of Governments to the importance for the International Law Commission of having their viewsregarding practice with regard to the topic.
      - Invited Governments to provide information to the International Law Commission regarding practice on the topic.
      - Encouraged the International Law Commission to undertake consultations, if it finds it appropriate, with key humanitarian actors, including the United Nations and the International Federation of Red Cross and Red Crescent Societies, in connection with work on the topic.

 

   
J. Final Outcome 

Work in progress

 

 

 

 

 

 

 

 

 



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