Recent emerging and re-occurring disasters around the world, both natural and man-made, have demonstrated the power such forces can bring to bear regarding the destruction of humanity. Failure to allow assistance in times of emergency can lead to potential security issues. The human security components most at risk are freedom from fear and freedom from want. While international legal instruments, including human rights treaties, contain numerous provisions aimed at protecting and promoting the right to health, questions still exist as to whether the affected State is obligated to accept external “humanitarian” assistance without delay if a significant percentage of its population is vulnerable to starvation, unnecessary suffering and even imminent death? It is in this sense that the international community has to consider the tension between State/territorial sovereignty and humanitarian intervention.

The article by J. Benton Heath suggests a framework within which the affected government which declines humanitarian assistance must publicly justify its conduct in the hopes of reducing human suffering and the potential for security risks such suffering can bring.

• Disasters, Relief, and Neglect: The Duty to Accept Humanitarian Assistance and the Work of the International Law Commission (Links to an external site.)Links to an external site. by J. Benton Heath.

Discuss

• What is a state’s duty to accept humanitarian assistance in a disaster?
• Does this run afoul of traditional notions of state sovereignty?
• At what point does human rights law take effect?
• Will Mr. Heath’s rule aid in defining what state conduct will be acceptable?

B) Written Essay: The Link Between Disasters and ConflictRead & Reflect

Elizabeth Ferris discuss how inadequate response to a natural disaster can lead to a violation of human rights and thereby trigger conflict. Would the implementation of International Federation of the Red Cross’s International Disaster Relief guidelines (Links to an external site.)Links to an external site. and annotations (Links to an external site.)Links to an external site. help to alleviate potential conflict in states which have suffered a natural disaster? Is the adoption of these guidelines something the U.S. should support states to do? Is it something the U.S. needs to do? Explain your answers by providing examples of areas of the law which would support security or how the proposed guidelines remain inadequate. Bring in examples of IHRL or prior law if it aids in your examination.

Natural Disasters, Conflict, and Human Rights: Tracing the Connections (Links to an external site.)Links to an external site.

Submit

Use current APA Style formatting for your written assignment, citations, and references. Write between 1,000-1,250 words.