International Disaster Law in Practice - Developments within the UN System (2024)

This contribution examines developments within the United Nations system in 2024 concerning the progressive codification of international disaster law, focusing on the decision of the UN General Assembly to launch negotiations for a convention on the protection of persons in the event of disasters. It situates this milestone within the broader history of unsuccessful attempts to establish a comprehensive legal framework for disaster response and analyses the political and legal factors that transformed the International Law Commission’s 2016 Draft Articles into the basis for a future treaty. Particular attention is devoted to the work of the Sixth Committee and its Working Group, whose deliberations paved the way for the adoption of Resolution 79/128, committing States to conclude negotiations by 2027. The article identifies the principal issues likely to shape the forthcoming diplomatic process, including the definition of “disaster”, the scope of the duty to cooperate, the obligation of affected States to seek assistance, the prohibition of arbitrarily withholding consent to external relief, and the relationship between the future convention and international humanitarian law. By examining States’ positions and the debates that emerged during the 2024 session of the Sixth Committee, the article highlights both the growing political support for a universal disaster treaty and the persistent disagreements that will determine its final content.