Laws and regulations for effective international humanitarian response

Strong legal frameworks are critical for effective international humanitarian response operations.

Isabelle Granger, Manager ai. IFRC Policy and Diplomacy says managing international humanitarian assistance is extremely complex but having the right laws in place can improve speed, quality and coordination.

“Laws and regulations underpin all aspects of humanitarian response – how goods, equipment and personnel enter a country, and how a response is coordinated with international partners, allowing for rapid support to communities in need.

“Experience has shown that a lack of legal preparedness for international assistance can delay lifesaving aid, while also creating quality control and coordination problems.”

International disaster response law (IDRL) is the area of law that deals with the regulation and facilitation of international humanitarian assistance for disasters and emergencies.

IFRC’s IDRL Guidelines provide recommendations to governments about how to prepare their domestic laws to mitigate the common regulatory problems that arise in international disaster response operations.

Ideally, it is best to develop domestic laws for the facilitation of international assistance before a disaster or emergency strikes. The IDRL Model Act and IDRL Checklist are tools that can be used to support the development of appropriate legal provisions.

While it is ideal to have provisions in place before a disaster, if this has not occurred it is usually possible to rapidly enact legal measures to facilitate international assistance using an emergency decree. IFRC’s IDRL Model Emergency Decree provides a template that can be used in this situation and adapted to a country’s legal and operational context

National Red Cross and Red Crescent Societies are mandated through domestic law to provide humanitarian services in a crisis and are recognised as auxiliaries to government in the humanitarian sector. IFRC supports National Societies in fulfilling this mandate through providing technical support, goods, equipment and personnel. To operate efficiently and effectively, National Red Cross and Red Crescent Societies and the IFRC need certain legal measures, known as legal facilities, which include:

• provisions to lift restrictions on humanitarian cash transfers to people in need;
• simplified and expedited customs clearance procedures to prevent delays;
• provisions for the elimination of customs duties, tariffs or fees;
• authorization to import and use humanitarian relief items, non-relief items and equipment;
• priority access across borders to travel by road without delays;
• fast registration of vehicles to facilitate the provision of humanitarian assistance.

These legal facilities should, ideally, be provided through standing laws but can alternatively be introduced via an emergency decree enacted during a disaster or emergency.