COVID-19: International Law cannot fall silent

INTERNATIONAL/ ETHICS/ ESSAY

Topic: General Studies 2:

• Important International institutions, agencies and fora- their structure, mandate
• International Ethics

COVID-19: International Law cannot fall silent

In the wake of COVID-19 spreading from Wuhan, China to nearly 180 countries, there has been a debate raging on two fronts

• Need to strengthen the powers of State to handle the crisis effectively 
• The projection of the crisis as an opportunity for building a new future for global politics marked by empathy, fraternity, justice, and rights.

UN is a site for discussion of norms and is responsible for the progressive codification of law. However, it has become playground for power politics. 

Power Politics, UN and Pandemic

• US President Trump has called the Coronavirus as “Chinese virus”
• Pandemic was not discussed in UN Security Council during the month of March when the presidency of UNSC was held by China.
• Allegation on WHO about delay in declaring the disease as pandemic due to pressures from China

International Principles that Nations need to follow

• The peremptory jus cogens apply to all states  – certain international norms like prevention of slavery, racial discrimination etc. hold true even during the fight against pandemic
• The erga omnes rules prescribe specifically-determined obligations which states owe to the international community as a whole. This was enunciated by the ICJ in 1970 for four situations
  • Outlawing of acts of aggression
  • Outlawing of genocide
  • Protection from slavery
  • Protection from racial discrimination

Three sets of international law obligations on States

• Draft Articles on the Prevention of Transboundary Harm (DAPTH) 
  • These are drafted by International Law Commission in 2001 to prevent transboundary harm arising out of country’s actions
  • There are carefully developed norms of due diligence that can be adapted to contextual exigencies
  • Each state is obliged to observe these standards in the fight against COVID-19 as a matter of international law.
• Human Rights Obligations: No law or policy to combat epidemics or pandemic can go against the rights of migrant workers, internally displaced peoples, and refugees and asylum seekers
• The Biological and Toxin Weapons Convention (BTWC) – 
  • This convention gains significance especially when there are conspiracy theories about the origins of COVID-19 
  • India has not subscribed to those theories and has instead called for high priority to full and effective implementation of the convention.

Conclusion

• Combating this fearsome pandemic calls for re-dedication to nested international law obligations and frameworks

Connecting the law:

• Article 51 of Indian Constitution
• International Court of Justice and International Criminal Court