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 cogensapply 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
