Senior Capt. Dr. RenXiaofeng, PLA.Navy Brief Introduction of Chinese Legal Framework On Utilization Of Military Forces (Assets) In Disaster Relief Operations Senior Capt. Dr. RenXiaofeng, PLA.Navy

PLAN 60th founding anniversary

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations ------- PRC Constitution is the basic legal basement and guarantee Paragraph 1 of Article 29 Paragraph 1 of Article 29 of the constitution reads：The armed forces of the People's Republic of China belong to the people. Their tasks are to strengthen national defense, resist aggression, defend the motherland, safeguard the people's peaceful labor, participate in national reconstruction and do their best to serve the people.

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations ------- The National Defense Law and The Special Laws On Disaster Relief and Calamities expressly authorize Article 58 of the national defense law reads: Active servicemen shall carry forward the fine traditions of the people’s army, cherish and protect the people, actively participate in promoting the socialist material growth, cultural and ethical progress, and fulfill the tasks of dealing with emergencies and doing rescue work in disasters. The PRC Earthquake Prevention Act stated that:“PLA, P Armed Police Force and militia shall carry out the task of natural disaster relief assigned by the country. The Emergency Response Act of PRC, which was adopted at the 29th session of the Standing Committee of the Tenth NPC, states: “The PLA, PAPF and militia organizations shall participate in the emergency response rescue and operations in accordance with the provisions of this Law and other relevant laws, administrative regulations and military regulations as well as orders of the State Council and the Central Military Commission”. Article 58

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations ------- The relevant orders and interior statute of the army forms the basic operating rules and procedures the Regulation on the Army’s Participation in Disaster Rescue Article 2 The regulation provides: “The army is the rush strength in disaster rescue. To perform the task of disaster rescue as authorized by the state is an important mission of the army.” The regulation requires the governments and military organs at all levels shall, according to the provisions of the present Regulation, do its best in organizing, commanding, coordinating and ensuring the army’s participation in disaster rescue.

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations The army that participates in disaster rescue shall mainly bear the following tasks: Rescuing, transferring or evacuating trapped personnel; Protecting key objects; Rescuing and transporting important resources; Participating in such special rescues as rush repair of roads (bridges, channels), search and rescue on the sea, nuclear, biological and chemical aids, epidemic control and medical treatment and rescue; Eliminating or controlling any other dangerous situation or disaster.

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations ------- “The National and the Army’s Preplans of Sudden Events Emergency Respond” have been served as the SOP

Ⅰ. Chinese Laws And Regulations On Utilization Of Military Forces (Assets) In Domestic Disaster Relief Responds And Operations The characteristics of Chinese legal frameworks: Comprehensive system Chinese characteristic All professional sorts Complementary of the national laws and the local laws

Ⅱ. The relevant laws and regulations for the participation of international disaster respond and relief operations Not have specific laws and regulations, but have the basic principles For example, The Emergency Response Act of PRC, its article 15 provides “The Government of the People’s Republic of China shall carry out cooperation and exchange with foreign governments and relevant international organizations in such respects as emergency prevention, surveillance and warning, emergency response rescue and operations and post-emergency response rehabilitation and reconstruction. Paragraph 8.2 of The National Preplan for Natural Disaster Emergency Rescue also authorizes the government to carry out international cooperation and share experiences in natural disaster rescue operations with other countries…….

Ⅱ. The relevant laws and regulations for the participation of international disaster respond and relief operations ------- the basic legal principles for the international military cooperation have already set in various laws

Ⅲ. The possible areas of international legal cooperation for the participation of (international) disaster respond and relief operations by (foreign) militaries

Ⅲ. The possible areas of international legal cooperation for the participation of (international) disaster respond and relief operations by (foreign) militaries ------- Make all our efforts to enhance legal cooperation in following five aspects: Reaching the common political consensus Promulgating laws or regulations Formulating domestic rules, regulations and SOPs Formulating laws and regulations for the foreign militaries Eliminating the gaps and differences In order to fulfill our responsibility, we need to make all our efforts to enhance legal cooperation in following five aspects: 1. Reaching the common political consensus of sending (abroad) and accepting (foreign) military forces in disaster relief operations. Although, ASEAN and some other orgs have already done some documents of this kind[1], we still need one document that can expressly provide the above common consensus. 2. Promulgating laws or regulations that expressly provide the authorization to accept or dispatch military forces and assets in international disaster relief operations. 3. Formulating domestic rules, regulations and SOPs of utilization of military forces and assets in domestic disaster respond and relief operations. 4. Formulating laws and regulations for the foreign militaries participation of domestic disaster relief operations. Each country has its own political, military, and emergency respond system, so it is vary important for the country has its own domestic laws that could govern the conduct of foreign militaries in the foresaid domestic disaster relief operations. 5. Eliminating the gaps and differences among domestic laws of each country and formulating regional international law for the military cooperation in transnational disaster emergency respond and relief operations. [1] The ASEAN Agreement on Disaster Management and Emergency Response (AADMER), which was signed by ASEAN Member States on 26 July 2005, requires for the development of standard operating procedures to guide the actions for the (i) mobilisation of regional standby arrangements for disaster relief and emergency response, (ii) utilisation of military and civilian assets and capacities, and (iii) coordination of joint disaster relief and emergency response operations.

Ⅳ. Some personal expectations and wishes on the theme ------- a convenient pavement, not an obstacle ------- reserve the unique political, cultural, and military merits of each country ------- bilateral arrangements or agreements ------- keep improved through practical activities and exercises First of all, the relevant domestic or international laws and regulations shall serve as a convenient pavement, or at least not an obstacle, for the armies of various countries participating transnational disaster relief respond and operation. In order to achieve this aim, we should keep in mind the some basic principles when initiating to draft out either domestic or international laws of military assistance to transnational disaster relief operations. To be specific, they are sovereignty, neutrality, equality, humanism, good-neighborhood, and host-nation prevailing , etc. Secondly, It is true that the army play the different role, either as “the first responder” or “the last resort”, in disaster relief rescue operations of different countries. I expect that the relevant domestic laws and regulations could reserve the unique political, cultural, and military merits of each country and fit for its own legal system, that the regional international law could respect all these different merits. Thirdly, I expect the regional countries, especially those neighboring countries, could reach some kinds of bilateral arrangements or agreements for army’s transnational disaster emergency respond, thus to make the disaster relief respond operation more efficient. Lastly, the laws, especially international laws in this field, always need to be improved, to be enhanced and undated following the practical disaster relief activities or scenario exercises. So I hope more desktop exercises could be held thus to improve and develop the code of conduct for the army’s participation in transnational disaster relief operations.

? Thank you!