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What is the Future of the European Court of Human Rights?

By Jasmine Andean, on 13 July 2023

Reflections on the 13th IRDR Annual Conference’s Conversation with Judge Mykola Gnatovskyy

With governments around Europe engaging in increasingly aggressive anti-migrant rhetoric and Russia’s war of aggression in Ukraine, the success of the European project and the role of international bodies such as the European Court of Human Rights (ECtHR) has come into question.

Dr Yulia Ioffe (IRDR) in conversation with Judge Mykola Gnatovskyy. Photo by Ilan Kelman.

With governments around Europe engaging in increasingly aggressive anti-migrant rhetoric and Russia’s war of aggression in Ukraine, the success of the European project and the role of international bodies such as the European Court of Human Rights (ECtHR) has come into question.

To explore this issue, the Institute for Risk and Disaster Reduction (IRDR) recently had the honour of hosting Judge Mykola Gnatovskyy of the ECtHR at the Institute’s 13th Annual Conference. The conversation was facilitated by IRDR’s Dr. Yulia Ioffe and explored the role of the ECtHR in the face of war, the distinction between international human rights law and international humanitarian law, and the role of the Court in safeguarding refugee rights.

The fate of the ECtHR itself may also come into question following the political developments of recent years.

When the European Convention of Human Rights was adopted in 1950, it was assumed that the Convention would apply only in times of peace, with international humanitarian law governing in times of armed conflict. However, the ECtHR has decided on the issues related to armed conflict, as seen, for example, from the case law on Chechnya and now again on Ukraine.

The ECtHR, set up in 1950 in the aftermath of World War II, was tasked with supervising human rights within the Europe and preventing war on the continent. Judge Gnatovskyy reminded the conference audience of some of the philosophical underpinnings surrounding the creation of the Court as a body safeguarding the human rights of individuals, following the belief that if the rights of individuals are truly respected, aggression simply cannot occur, as this would inherently violate these rights. In the practice of the Court, most cases have been brought by individuals in relation to alleged violations of their human rights. Of one thing Gnatovskyy was particularly clear: this liberal dream, unfortunately, has not come true in Europe.

The ECtHR is once again tasked with responding to a situation of warfare in Ukraine: a situation that the Court arguably was not designed to have jurisprudence over. Nonetheless, the ECtHR has accepted jurisdiction over claims arising in wartime, too. Thus, the Court has integrated concepts of international humanitarian law into the interpretation of the European Convention on Human Rights, despite theoretical insistence that international humanitarian law and human rights law are separate. Although initially the ECtHR incorporated international humanitarian law into its practice subtly, without explicitly citing the 1949 Geneva Conventions, for example, the Court has since more openly acknowledged that international humanitarian law is being taken into account in international human rights cases.

Judge Gnatovskyy’s astute insights left me with several questions about the fate of the ECtHR, the legal disciplines of international human rights law, and international humanitarian law, as well as the wider fate of the European project. It is clear that international humanitarian law will continue to be incorporated into the Court’s practice, but questions remain about the extent to which this will take place, and what the consequences will be for other international courts around the world and for the wider discipline of international law.

The fate of the ECtHR itself may also come into question following the political developments of recent years. It seems that the Court has failed at the task that it was set out to complete: to prevent the war in Europe. With the death of the dream of a Europe free from war, the role of the international institutions safeguarding this dream is uncertain. Moreover, rising populist nationalism and aggressive anti-migrant rhetoric within several European countries may pose a further threat to the Court, with the UK for example threatening to leave the Court, including following an issuance of interim measures preventing the UK government from removing asylum seekers to Rwanda. If the UK, historically a cornerstone within the Court, does follow through with these threats, the authority and power of the ECtHR will be considerably undermined, and its future may be called into question.

In his closing remarks of the conversation, Judge Gnatovskyy left the conference with a combination of optimism that a change for the better is possible and bleakness in the face of the war in Europe:

“When there is an understanding that things must change, they will change; and it will be too late. International law is usually one war too late.”


Jasmine is an undergraduate student in UCL IRDR Year 2021-2024 on the Global Humanitarian Studies programme.

Reach out: jasmine.andean.21@ucl.ac.uk


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Ahead of the 13th IRDR Annual Conference: Drawing Links Across Conferences

By Joshua Anthony, on 19 June 2023

This week marks the 13th year of the Institute for Risk and Disaster’s annual conference series, continuing a tradition that yearly tackles cutting-edge ideas in risk and disaster science. Covid-19, drones for health emergencies, why warnings matter—no stone is left unturned. Conquering risk demands a look at its wide-ranging constituent parts, from the global scale down to the minutiae of everyday life. But these challenges are often not isolated, spanning geographical, social, and political boundaries. What impact do borders, physical and metaphorical, have on efforts to tackle these issues? A day of discussion at IRDR will examine this, endeavouring to look beyond them, towards Risk Without Borders. In the same spirit, we traverse the temporal border, looking back at the 12th Annual Conference to draw links across conference themes. How do borders affect Climate change – Disaster Risk, Loss and Damage, or Action?

It’s hard to ignore the relevance of borders today when divisions of vulnerability and governance can often have more of an impact than physical geography alone on risk outcomes. A major challenge to tackling this is defining loss and damage, which as Lisa Vanh pointed out last year, could significantly differ across cultural and social boundaries. Timmons Roberts, who has done extensive research on climate negotiations between global north and south countries, raised the issue of equity, how developing countries need the assistance of wealthier countries to overcome the challenges of climate change. Though early attempts at this had failed with proposals in 1991 from Pacific Island nation Vanuatu, there have been promising developments since then. It highlights the barriers that exist between divisions of wealth and power that ultimately come down to borders, be that the invisible lines with which we delineate them, or the diminishing shoreline of a small island developing state.

As important as economics are voices. During her passionate keynote speech, Vanessa Nakate, a climate justice activist, described the risks of climate change that Uganda is already experiencing, and the challenges that activists from the most affected countries face in having their voices heard on the international platform. Perhaps nothing is more symbolic of the arbitrary constraints of borders than the visa application system and how this has prevented young climate leaders from attending UN conferences. As Nakate puts it: every activist has a story to tell, every story has a solution to give, and every solution as a life to change. Not only unique stories, but shared ones across borders are just as noteworthy, as Lucy Easthope, author of When the Dust Settles, explains when reflecting on the similar challenges experienced by both her, a UK expert in emergency planning and disaster recovery, and a midwife working in Myanmar, Sudan, and Bangladesh.

Examining discussions from the previous conference demonstrates that their individual themes should not be viewed as distinct boundaries. Even where there was no explicit mention of borders built within the itinerary and theme, experts could not avoid the limitations that they place on risk research and experience. No doubt, themes from last year will spill over to this one. See it for yourself this Thursday 22 June!


Watch last year’s annual conference on the IRDR youtube channel.


Thank you to Heghine Ghukasyan whose rapporteur notes helped immensely in writing this blog.

Ahead of the IRDR 2022 Annual Conference: A Recap from Last Year

By Joshua Anthony, on 14 June 2022

The IRDR Annual Conference 2022 is nearly upon us, in which experts will tackle the issue of how global climate change is acting as a threat multiplier, accelerating and intensifying hazard risks, and how we can navigate the future following on from the 26th UN Climate Change Conference of the Parties (COP26) meeting in Glasgow this year.

As we move forward it’s important to maintain the lessons of the past. Lest we forget them; here, we take a look back at the final item from last year’s annual conference, which saw the launch of the UCL Warning Research Centre among expert discussion of Why Warnings Matter.

The rapporteurs whose notes form this material are Calum MacKay and Simone Phillips, who are both from the University of Glasgow on the MSc Earth Futures Programme. Any mistakes or misrepresentation of the participants’ words are the author’s own.


Part 4

Panel Discussion: Warnings for Organizations

Presenters

Catia Guimares, InterContinental Hotels Group

Emily Hough, Crisis Response Journal

Andy Marshall, AstraZeneca

Jeremy Reynolds, London Fire Brigade

Moderator: Dr Gianluca Pescaroli, UCL


What are warnings for you? Based on your experience, are they linked with sustainability?

Andy Marshall

Warnings are split into three levels: strategic, enterprise, and individual. For this question, one can look at the strategic level. COVID-19 showed us that there exists some break in the communication link between those providing warnings and those on the receiving end, which should be the focus of upcoming research. Bad things will happen, and warnings for them will come quickly, so it is important that communication and action are both effective.

Catia Guimares

Realistically thinking, companies need to prioritize their attention, and it can be difficult to determine what a warning is and when it requires attention. However, the indicators of risk are usually visible to those involved, and it is not often that an emerging issue is brought to the table. There is the question of sustainability and viability, or long-term viability of a company, with climate change impacts for example. A warning is essentially a heads up, but warnings are often disregarded as unimportant. Therefore, it is important to know as much as possible about the risks involved and what can be done about them.

Emily Hough

Warnings are indicators of an issue, which if one acts early enough can lead to a crisis being averted or mitigated. They start small, usually as instinctual signs that everything is not quite right, which is why people are at the center of warnings. Any community or organisation’s risk comes down to people and how aware they are of risks. It is unfortunate that good warnings, ones that lead to averting a crisis, are not given the attention they deserve, and people should talk more about the positives. Things like misinformation, trust issues, and the human psyche of clinging to the safe and familiar or wanting to make the world fit their expectations can all play a part in warnings being ignored. Sustainability is enmeshed within this and resilience. People want to thrive and live-in security and peace, and organisations want to continue working as they have been. Everything is interconnected, warnings, people, sustainability, etc.

Jeremy Reynolds

Warnings are formally driven by risk, and we see that by organisations being responsible for specific risks. However, warnings are complicated, and everyone has responsibility in protecting the public, with individual organisations sharing information and helping with communication. It is important that we make sure the public are aware of risks, what their options are and what responders are doing in terms of formal work around EWS and paying attention to informal indicators. Processes are only as good as the people using them, so there is a large human element with responders, as well as public judgement, paying attention and responding by everyone involved. Sustainability is certainly linked to resilience, and they may even be interchangeable in this field. A big challenge now is how to integrate longer-term warnings and response vs. resilience is where a lot of work is being focused now.

Do global warnings exist? What are their limitations and strengths?

Andy

COVID-19 and the WHO are classic global warnings. The issues here were around the flow of information and the efficacy of response to these warnings. Gathering information and being better at collating that on a global level requires more attention. Even at a low level, community-based incidents can overwhelm information systems, meaning this is quite a significant undertaking on a global scale, and turning that information into intelligence as quickly as possible takes a lot of intervention. Responders and crisis managers receiving such information should ask themselves “So what?”, as in what does this mean and what do I need to do about it? Furthermore, experience has a great impact on how individuals and organisations respond to a warning.

Catia

Not sure if global warnings do exist. There are warnings for different parts of the world and global events, but there does not seem to ever be a single warning that goes out to the entire world at the same time for the same level of impact. Even the pandemic snowballed then moved. It was not entirely global to begin with and the exact impact for each region could not be predicted. There is so much information involved in these types of events that intelligence is very important for making decisions based on what is happening at the time. It is human nature to ignore anything that is too complex, and we tend to focus on what is in front of us and of immediate concern. This pandemic was not the big one that had been predicted, so are we better or worse off now that we have this experience? As everything is interconnected, the big risks involve multiple crises, like the social and economic impacts of the pandemic.

Emily

Going back to the definition of warnings, there are lots of signs of impending doom, certainly in the case of COVID-19there were lots of warnings. But maybe we have too many warnings which results in warning fatigue, or them not being listened to or listened to in the right way. Over time, people become comfortable with the situation, even when a warning has been issued. It may initially cause people, responders as well as individuals in the public, to prepare but when nothing happens their alertness decreases, and they become complacent. Each person has their own unique risk fingerprint, made up from their experiences, perception, culture, and understanding which help them to process warnings and filter them into their own intelligence. But trust is difficult to secure when it comes to warnings. Both people and organisations often do not want to be given a warning about something that has not yet happened, so one problem is convincing people that there will be issues and that warnings can help them to become more aware of the risk.

Jeremy

Yes, global warnings do exist but with limited efficacy. Things like climate change or financial disruption to the system and Covid can have massive impacts and need global responses; however, individuals can be overwhelmed by information so they often look to more local/national leaders for guidance on how much attention they should give to these risks. There is a need to assess what the scale of the risk is, its potential impact and how to prioritise it, and perspective as well as context are important to keep in mind. For warnings and alerts, there is a spectrum of recency, or prioritising immediate response instead of big issues and longer term thinking and there is a need to deal with information, and misinformation, to bring out the truth while creating reassurance for the public. And it is difficult to marry immediate action for longer term warnings, like those around climate change for instance.

Are organisations effectively integrating warnings into operational practices?

Andy

No. There is a lot of work for organisations to do with warnings, including learning to get the right information to the right people at the right time with the right understanding. There needs to be more conversation around what they should do with warnings and why they should be a priority among everything else that could impact them. Furthermore, research should be done around organisational behaviour and why individuals do or do not share information that could be perceived as bad news either to their immediate boss or to management above and around them. It seems warnings often get distorted because the message is overly managed. Furthermore, the private sector has a role to play in response to significant risk and their role in collective response to warnings should be recognised.

Catia

Hindsight is 2020. When something happens, companies tend to learn from that pain point. Many companies have restructured due to the pandemic to become more flexible for future proofing, but people also play a huge part in this and the culture of companies needs to change in general. Many look at short and long term issues separately, wanting to know what needs to be handled now and told when future ones require immediate attention. Big issues like climate change and cyber issues cannot be ignored and companies need to start dealing with them now before they become even bigger. Integrating warnings as a way of ‘bouncing back’ is problematic because it implies they have learned nothing, and this experience and warnings should instead be integrated into daily work and culture as a way of improving resilience.

Emily

The topic of not wanting to deliver bad news is an important one, especially since one department’s warning or threat could be an opportunity for another. But you need to recognise them first, identify indicators with seriousness in order to look at both sides of the coin. Some organisations do and some do not. The blackouts in Texas were an example of many obvious warnings about the need to winterise energy production and distribution being ignored. It is about pragmatism and leadership and creating systems in which it is second nature for everyone to look out for the little things that are not quite right, report them and feel confident that those reports will be taken seriously.

Jeremy

Being more willing to report bad news can lead to assessments of what the potential and scale of the risk are and where it sits in terms of priorities. Organisations and societies are complex, so when emergencies and crises happen we should look into if it was due to a failure of warnings or responsiveness to them but while bearing in mind the human aspect of it all. We should identify how we can make sure to respond early enough to contain an issue, or even turn the warning into opportunities to come into a new normal. Public and private sectors should be responding collectively and openly communicating since everyone has a part to play in response to warnings, making it a whole of society approach.

How do we build societal trust in warning systems and how can we be sure that we also reach small and medium enterprises or the humanitarian sector?

Jeremy

Keeping a single point of truth and being clear about what we do not know are important. Responders in the public and private sectors need to work together and ensure that they are not contradicting each other. More work can be done in this arena but locally, regionally, and in central governments, having dialogue with businesses is important because they are part of the community.

Emily

SMEs and microbusinesses tend to be overlooked in response to crises and government planning. However, they also tend to be extremely resilient because they are operating at peak stress all the time and thus require adaptability. They often have to think about the “What if?” question at the center of operations to go along with Andy’s “So what?” question. One size does not fit all for businesses so more creative engagement is needed to make sure everyone’s involved in warnings.

Catia

It is all a learning experience. Instead of putting all responsibility on the public sector, we could lean toward private sector businesses of all sizes sharing resources and working together to make the industry more resilient. One example is how the tourism industry pulled together during the pandemic. People have a lot to share and learn from each other so it would be helpful to focus on that.


Andy Marshall brings around 20 years experience of work in business continuity and wider crisis management and resilience activity in all different forms, military, public and private sector resilience, including five years in business continuity and crisis management with Rolls Royce prior to joining AstraZeneca’s team.

Catia Guimares is the director for global resilience for IHG hotels and resorts and has been with IHG for 10 years. Catia is responsible for crisis management, business continuity, ERM, and strategic resilience, including long term risk management or future proofing future issues from an enterprise perspective.

Emily Hough is the founder and editor of Crisis Response Journal, a publication that looks at all aspects of the disaster and crisis cycle from a multidisciplinary perspective with the goal of bringing forward perspectives that would not traditionally be considered disaster related so that disciplines can learn from one another. There are many areas around disaster and warning mentioned in this conference that need to be explored more. For CRJ, the goal is to stand back and get an overall impression of the whole picture and try to extrapolate possible connections between events, risks, major crises and thereby hope to predict trends and future hazards, through the expertise of an advisory panel.

Jeremy Reynolds works for the London Resilience Group, which is hosted by the London Fire Brigade, which has the role of supporting the work of London Resilience Partnership in preparing and responding to emergencies. That partnership is made up of around 200 organisations and includes category 1 and 2 responders. Jeremy is one of the deputy heads in that team and is responsible for work relating to risk, including being chair to the risk advisory group. Jeremy is also a part-time PhD student at UCL working on organisational resilience and adaptation.


Don’t forget, last time we presented Dr Oliver Morgan and Dr Gail Carson in conversation with Andrew Revkin, discussing global public health in the COVID-19 pandemic.

Watch the full conference on youtube here!

Conference URL:

https://www.ucl.ac.uk/risk-disaster-reduction/events/2021/jun/ucl-irdr-11th-annual-conference-why-warnings-matter-and-ucl-warning-research-centre

Conference Rapporteurs: Simone Phillips and Calum Mackay

Conference Convener: Dr. Carina Fearnley


Please email us for any further information at IRDR-comms@ucl.ac.uk

Or check out our website: https://www.ucl.ac.uk/risk-disaster-reduction/

Institute for Risk and Disaster Reduction (IRDR), University College London (UCL)

Gower Street, London WC1E 6BT, United Kingdom (UK)

UCL IRDR 11th Annual Conference: Why Warnings Matter, and the UCL Warning Research Centre Launch, Part One

By Joshua Anthony, on 3 November 2021

Following a challenging year of managing natural hazards, including COVID-19, this one-day online event provided thought-provoking talks, interactive discussions and online networking opportunities on why warnings matter. In addition, the UCL Warning Research Centre as part of the Department of Science and Technology Studies was launched. The event explored the role, design, use, and evaluation of warnings for different hazards from different stakeholder perspectives to examine how effective people-centered warning systems can be developed and help to be prepared for both the expected and unexpected. The event was hosted by the Institute for Risk and Disaster Reduction and the Warning Research Centre.

On the 23rd of June, the UCL Institute for Risk and Disaster Reduction welcomed researchers, students, practitioners, policymakers, the media and the general public to a day of thought-provoking discussions on why warnings matter, and how we can do better at warnings both prior and during crises for all hazard types. Our in-house and guest experts presented a global perspective on the latest research and analysis through talks, interactive discussions and in conversation. We explored multi-dimensional aspects of warnings, considering their physical, social, economic, environmental, institutional, political, cultural and gendered dimensions, and the challenges involved in making warnings successful to mitigate against losses.

This blog is part one of a series presenting the key findings from the conference proceedings. The rapporteurs whose notes form this material are Calum MacKay and Simone Phillips who are both from the University of Glasgow on the MSc Earth Futures Programme.


Part One.

Panel Discussion 1: Warning Systems ‒ Exceptional versus expected events


 

The presenters for this session were Dr. Mickey Glantz, University of Colorado, Dr. Daniel Straub, Technical University of Munich, and Rebekah Yore, UCL. The session was moderated by Dr. Joanna Faure Walker, UCL.

Summaries of each presenters’ arguments are as follows:

Mickey Glantz

Not everyone considers a warning a warning. There are 5 key factors to warning hesitancy: complacency, convenience, confidence, low levels of trust, calculation of individual engagement. We don’t research the risks, collective responsibility is lacking as people focus on themselves. Emotional responses are common, not rational. There are also two types of people in hazard scenarios: risk averse people and risk takers.

Early warning systems are a chain. To make them more effective the lead time needs more attention. We need to create more lead time in order to get the warning to people earlier and through the system quicker.

Forecast hesitancy also plays a key role in effective early warning systems. We discount previous disasters we don’t learn from them, therefore we reinstate old vulnerabilities.

Readiness is also missing, society doesn’t have resources for long term preparedness.

Daniel Straub

Calculating the effectiveness of warning systems. If people think it’s a false alarm they won’t comply. This then creates a child who cries wolf scenario for future hazard warnings. We must find the right balance between detection rate and false alarm rate.

It is challenging and near impossible to quantify effectiveness but can still help the study of warning systems.

Rebekah Yore

It is important to identify the vulnerable population when deploying early warning systems. Failure in one element of the warning system can cause failure for the entire system.

Her research focuses on 3 case studies, all islands that are used to hazards: Japan 2011- Tsunami, Philippines 2013- typhoon and Dominica 2017- Hurricane. In all case studies not one warning system reached everyone, therefore these places need multiple types of warning. Some of the issues with the current warning systems were that interestingly modern smartphone warnings did not reach people. There was also mixed messaging from different agencies and government sources leading to room for interpretation from locals. Furthermore, issues such as poverty were not taken into account.

Finally, it must be noted that Individual and group risk perceptions are always changing and are dynamic.

This discussion was then followed by an address to questions from the audience, which are summarised thus:

How do we deal with both false alarms but also misinformation particularly in the context of social media or governments giving misinformation? How can we include groups who are not familiar with local warning systems like tourists or newcomers?

Mickey Glantz

Tourists have never seen a false alarm so unlikely to be affected in the same way in a real event by locals who have faced false alarms. Use of drills is helpful because one of the issues that comes up in the social sciences is that we all recognise that warnings need to be built into our everyday lives. We need to practice them as a way of living rather than just facing them when a hazard approaches. What has become practice then takes over and people are able to respond really quite calmly and really quite cohesively as Mickey thinks drills are a really good mechanism for embedding some key practices that help to familiarise through everyday life with some lifesaving rules.

What can we do to protect assets and livelihoods in the context of warnings?

Rebekah Yore

It is something that requires more research. Preparation mechanisms such as micro insurance for example are very important. So it may be that a mechanism that allows people to put things out and places structures in place before it occurs can help to protect some of those assets and livelihoods. Whether this means the ability to be able to pack things up and leave a location, or ability to be able to move, or an ability to be able to put certain protective measures in place. Maybe not save everything but save something or save enough.

Mickey Glantz

We don’t understand probabilities. We don’t understand nature. Many people don’t really understand the risks in their area. These perceptions become reality, if our perceptions are wrong the actions we take based on them have real consequences. So we tend to look at disasters as in many cases one and done.  But that’s not reality.

In one sentence what change do you think needs to occur to help with warning for exceptional events in an environment that does have expected events?

Daniel Straub

Understanding things through quantification is also to make use of all the data that we can now collect. The social sciences have a better understanding and also have models of factors that make a difference, and it would be useful for social science to do more with quantification in their research.

Rebekah Yore

Addressing structural inequality and addressing why people are disadvantaged and why other people aren’t. I think let’s just put our money where our mouth is; preparation is key.

Mickey Glantz

We have to put more emphasis on readiness and preparedness. People can get ready more easily than they can get prepared because they don’t have the resources. So, warnings are very important to them, I feel we have to push readiness as tactical responses to warnings and threats, as well as long term preparedness which seems to fall to governments and larger organisations. Readiness is for me and preparedness is for the community to deal with.

Next up in this blog series will be notes on “Warnings and the launch of the Warning Research Centre”, keynote speech from Assistant Secretary-General and Special Representative of the Secretary-General for Disaster Risk Reduction in the United Nations Office for Disaster Risk Reduction, Mami Mizutori.


Watch the full conference on youtube here!

Conference URL:

https://www.ucl.ac.uk/risk-disaster-reduction/events/2021/jun/ucl-irdr-11th-annual-conference-why-warnings-matter-and-ucl-warning-research-centre

Conference Rapporteurs: Simone Phillips and Calum Mackay

Conference Convener: Dr. Carina Fearnley


Please email us for any further information at IRDR-comms@ucl.ac.uk

Or check out our website: https://www.ucl.ac.uk/risk-disaster-reduction/

Institute for Risk and Disaster Reduction (IRDR), University College London (UCL)

Gower Street, London WC1E 6BT, United Kingdom (UK)