Just Disastrous or the Disaster Itself? Applying the ILC Articles on the Protection of Persons in the Event of Disasters to the COVID-19 Outbreak

Paper by Alp Ozturk. InSights Vol. 24, Issue 6. American Society of International Law. April 24, 2020.

Paper by Alp Ozturk. InSights Vol. 24, Issue 6. American Society of International Law.

April 24, 2020.

As of April 18, 2020, Covid-19, designated as a pandemic by the World Health Organization (WHO), infected more than 2 million persons. This dramatic increase in the number of cases since the first reported case on December 31, 2019, sparked a range of responses from various public and private actors. Since international cooperation is vitally important to control the outbreak and to help countries manage the increasing number of cases, the international community has quickly mobilized to provide monetary and technical assistance to the countries affected by Covid-19.

The UN International Law Commission's (ILC) Articles on the Protection of Persons in the Event of Disasters (ILC Articles) provide a framework of rights and responsibilities during disasters. However, the ILC Articles appear to have significant shortcomings in the context of pandemics. The first section of this Insight explains the legal significance of the ILC Articles and the definition of disaster. The second section delves into the potential responsibilities of affected states to notify the international community of a pandemic. The final section deals with the potential duty of states not to impede relief efforts.

See more
Subject Areas