Research Handbook on Disasters and International Law
Show Less

Research Handbook on Disasters and International Law

Edited by Susan C. Breau and Katja L.H. Samuel

International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 7: The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies

Tilman Rodenhäuser and Gilles Giacca


This chapter presents the international humanitarian law (IHL) framework for humanitarian relief during armed conflicts and complex emergencies. It sets forth the main rules of IHL governing humanitarian assistance in international armed conflicts, including situations of occupation, and in non-international armed conflicts. In particular, it highlights contemporary challenges to the delivery of humanitarian relief in situations where non-state armed groups control territory. The chapter also analyses the question of to what extent the IHL framework applies in situations of complex emergencies, i.e. in situations where armed conflict and other man-made or natural disasters coincide on the territory of a party to an armed conflict. It examines the relationship between IHL and international disaster law in such circumstances as well as the question to what extent the two fields of law can complement each other. This chapter argues that in complex emergencies, the applicable legal framework is primarily IHL, which constitutes a legal regime that is specifically tailored to conflict situations. It also provides greater protection for civilians than, for example, in the ILC Draft Articles on the ‘Protection of persons in the event of disasters’.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.