The general obligation to reduce the risk of disasters: a critical analysis of the International Law Commission’s proposal of 2016

Abstract

In the light of the damage suffered by individuals in cases of natural and other disasters, this article examines whether States can be held internationally responsible for damage suffered in these cases, specifically for failing to comply with a general duty to reduce disaster risk. It focuses on the International Law Commission (ILC)’s proposal regarding this duty, as set forth in Article 9 of the Draft Articles on the Protection of Persons in the Event of Disasters (2016). The analysis clarifies the content, characteristics, and legal scope of this obligation within the current framework of international law. It argues for the inclusion of this duty in the treaty that States have undertaken to negotiate and adopt in 2027. States would be well advised to follow the ILC’s sound formulation as a guiding principle. Although the obligation is not yet fully consolidated as a rule of general international law, it is in the final stages of formation. Consequently, the forthcoming negotiations and the future convention could play a decisive role in crystallising this norm as customary law, if it is endorsed by a significant majority of States.​