{"id":309926,"date":"2025-11-22T00:40:22","date_gmt":"2025-11-22T00:40:22","guid":{"rendered":"https:\/\/peraltafinancing.com\/uncategorized\/going-to-bring-china-over-covid-19-to-the-international-court-of-justice\/"},"modified":"2025-11-22T00:40:22","modified_gmt":"2025-11-22T00:40:22","slug":"going-to-bring-china-over-covid-19-to-the-international-court-of-justice","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=309926","title":{"rendered":"Going to bring China over COVID-19 to the International Court of Justice"},"content":{"rendered":"


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\"International<\/a><\/div>\n

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Scholars argued that China’s actions in connection with
\nCOVID-19 (and the novel SARS-CoV-2 coronavirus), especially with the
\nresponsibilities of timing and information communication set out in Articles 6
\nand 7, violated the International Health Regulations (see, for example, here
\nand here).<\/p>\n

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A fourth law that China may have infringed on is Article 37
\nwhich sets out in its relevant parts: each member of the Organisation…
\ncommits itself to respect, and not attempting to control, the WHO]
\ndirector-general and WHO] staff, solely in their foreign character.<\/o:p><\/p>\n

Here it is clearly important to note that States are still
\nseeking through letters, meetings, and the like to manipulate members of
\nintergovernmental organizations. Thus any intention to manipulate would not be
\na breach of Article 37. It would not be credible. However, it may be claimed
\nthat measures to manipulate a breach of other international law clauses such as
\nthe International Health Legislation by themselves would constitute an
\nunconstitutional influence for the purposes of Article 37.<\/o:p><\/p>\n

Finally, it would be possible for a State to consider
\ndepending on the duty under the general international law not to defeat the aim
\nand intent of a Treaty (see Article 18 of the VCLT), arguing that China defeat
\nthe purpose of the WHO Constitution that would if equated to the WHO goal, be
\nto ensure the highest possible standard of health for all citizens (WHO
\nConstitution, art. 1). This argument may theoretically contain all the above
\nclaims, and those related to the blocking of COVID-19 meetings at the United
\nNations Security Council. It must be reminded now that the Court claimed that a
\ncompetence provision such as Article 75 of the Constitution on the WHO could
\nnot protect a claim under general international law based on this duty
\n(Military and Paramilitary Activities, Merits, Judgment, para. 271).<\/o:p><\/p>\n

But one could attempt to challenge, by recalling that
\nArticle 75 does not only grant authority over any disagreement but also over
\nany issue pertaining to the meaning or operation of the WHO Constitution, the continued validity of this 34-year old dicta.<\/o:p><\/p>\n

Conclusion<\/span><\/strong><\/o:p><\/span><\/strong><\/h2>\n

Again my views on the merits of these arguments have not
\nbeen conclusive. If there was merit, a state willing to prosecute China before
\nthe International Court of Justice would also have to be found, something that,
\nof course, is not a simple feat. But even though the legal issue fails, it
\ncould also lead to major political wins by trying an argument in public fora
\nsuch as the International Court of Justice.<\/o:p><\/p>\n

It is not every day that foreign law abuses are reportedly
\nblamed for the deaths of so many civilians in so many countries. So it would
\ndefinitely be if there were any cases where justice needs to be served.<\/o:p><\/p>\n<\/div>\n<\/div>\n<\/section>\n

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