ICJ to assess Chinese liability

By Shubham Diwate

(Corona and Its liability on China)

14 May, 2020

In the fight against this pandemic we are now at the verge of LOCKDOWN 4.0 and some of countries are back on track and knocked the doors of International Court of Justice. United States filed some class actions against China for the damages. Some have file unemployment claims as casualties (deaths) are at 80,280 so far.

Law firm based in Boca Raton, Florida, is filed the suit against China and various Chinese government agencies on behalf of “individuals and business owners in the United States and State of Florida, for damages suffered as a result of the Coronavirus pandemic.”

WHY IS THIS HAPPENING?

Chinese officials knew that the virus was capable of human-to-human transmission because doctors and nurses were getting sick. But instead of alerting the world, they tried to covered it and punished doctors who tried to sound the alarm. On Jan. 14, the World Health Organization tweeted that “Chinese authorities have found no clear evidence of human-to-human transmission.” On Jan. 15, the head of China’s Center for Disease Control and Prevention declared on state television that “the risk of human-to-human transmission is low.”

A University of Southampton study found that if Beijing acted just three weeks sooner, the number of covid-19 cases might have been reduced by 95 percent which would have prevented a pandemic.

China violated several articles of the International Health Regulations like; 

Article 6 of the Regulations requires every party to notify the WHO within 24 hours of any event that poses the risk of an international public health emergency. 

Article 7 further obligates such parties to share all data concerning the crisis with the WHO on a continuing basis. 

Article 11 conversely requires the WHO to share such data, once verified, with other countries so that they can enact precautionary measures.

Article 75 further provides that any disagreement concerning the application of the constitution of the WHO shall be referred to the INTERNATIONAL COURT OF JUSTICE (ICJ).

Potential Violations fromWHO CONSTITUTION:

  • Article 21
  • Article 22
  • Article 37
  • Article 63
  • Article 64

India has a strong claim on legal as well as moral grounds against China which it should assert strongly and firmly and take whatever measures are required to obtain redress. China must be held to account for its lies and obstruction and it might well prove sufficient to deter future negligence in the face of public health crises.

WHO Constitution (PDF Link)

International Health Regulations (PDF link)

https://apps.who.int/iris/bitstream/handle/10665/246107/9789241580496-eng.pdf?sequence=1

A class action suit against china by  Boca Raton, Florida

International Court of Justice (Official Website)

https://www.icj-cij.org/en

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