Dug Cubie - The International Legal Protection of Persons in Humanitarian Crises: Exploring the Acquis Humanitaire

THE INTERNATIONAL LEGAL PROTECTION
OF PERSONS IN HUMANITARIAN CRISES

The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all-too-real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the ongoing conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises.

This book argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering, wherever it may be found, permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by states and other actors in times of armed conflict, population displacement and disaster. This book argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.

Studies in International Law: Volume 67

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For Niamh, Aoibhe and Elsie

The International Legal
Protection of Persons in
Humanitarian Crises

Exploring the Acquis Humanitaire

Dug Cubie

OXFORD AND PORTLAND, OREGON
2017

As with any book, numerous people have kindly given their time, expertise and encouragement over the course of the past few years. My awareness of and interest in the emerging field of international disaster law was first sparked by David Fisher of the IFRC over seven years ago while I was still working for the Irish Red Cross Society. Subsequently, my PhD supervisors at University College Cork (UCC), Siobhn Mullally and Siobhn Wills, expertly guided me through the process of developing my research and academic skills, and have consistently provided me with support while simultaneously challenging me to critique my work. I would similarly like to thank my PhD examiners Andr Nollkaemper and Owen McIntyre for encouraging me to develop the concept of an acquis humanitaire into this monograph.

I first presented my initial thoughts on the acquis humanitaire at the fourth International Four Societies Conference on International Law and Disasters at UC Berkeley in September 2012, at the kind invitation of the American Society of International Law and generously hosted by David Caron. At the conference I benefitted greatly from discussion, debate and insights from other participants, including Kirsten Bookmiller, Claire Clement, David Caron, Michael Kelly and Anastasia Telesetsky, as well as editorial comments on my chapter introducing the acquis humanitaire in the subsequent publication. I must also specifically thank Marlies Hesselman for our engaging debates and discussions around the core concepts of accountability and the full cycle of protection as we developed our joint paper on the human rights implications of disasters for the Netherlands Quarterly of Human Rights (2015).

As this monograph took shape, I received detailed comments and critiques from colleagues at Queens University Belfast; in particular I would like to thank Bal Sokhi-Bulley, Luke Moffett and Thrse Murphy for sharing their expertise and time to review various chapters. Likewise, Thrse ODonnell at the University of Strathclyde provided detailed and challenging questions on the concept of the protection of persons, and Kirsten Bookmiller provided excellent feedback on international disaster laws. I also received insightful comments from my colleagues at the UCC School of Law Research Colloquium on the concept of protection; in particular I would like to thank Sean Butler, Maria Cahill, Steve Hedley, Irene Lynch-Fallon, Patrick OCallaghan and Conor OMahony. Bill Asquith at Hart Publishing has provided consistent support and understanding, despite the slippage in delivery date and ever-expanding word count. The law is stated as of 30 September 2016. As always, any errors or omissions remain my own.

Finally, I would like to thank my wife and family, to whom this book is dedicated, for enduring the long hours as I worked on this manuscript.

D Caron, M Kelly and A Telesetsky (eds), The International Law of Disaster Relief (Cambridge University Press, 2014).