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Attribution of Conduct and Liability Issues Arising from International Disaster Relief Missions: Theoretical and Pragmatic Approaches to Guaranteeing Accountability

Posted by on Friday, October 30, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48.

Giulio Bartolini is an Associate Professor of International Law at Roma Tre University. Professor Bartolini’s Article analyzes legal issues related to harmful activities of international disaster relief personnel, focusing on two distinct issues. On the one hand, the analysis centers on internationally wrongful acts carried out by relief personnel and uncertainties related to the attribution of conduct, due to the array of actors involved in such missions. Such an examination will be carried out through the lens of draft articles adopted by the International Law Commission on the responsibility of states and international organizations where some non-exhaustive references are made to such scenarios. On the other hand, the Article focuses on liability issues that may arise in relief operations, with a specific analysis on claims involving private third parties and solutions provided by disaster law documents in this area. However, this practice is far from being uniform and several shortcomings can be identified, thus increasing the need for relevant actors to properly address such issues avoiding the current shortsighted attitude.

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