Should China’s Liability be fixed for ravaging the world through Covid19?

The Author Mr. Naman Sherstra, is a law student from the Department of Law, University of Calcutta. The views expressed in this article are solely own.

The dreadful Corona Virus (Covid19) is a novel virus from the family of Middle East respiratory syndrome family virus which had emerged in the middle east countries in 2012 through Camel and Severe Acute Respiratory Syndrome which had appeared in Guangdong provinces (China) due to bat in 2002. The novel coronavirus has emerged from the Wuhan (China) from the vet market where more than 100 types of animal meat are sold. It is likely believed that the bat is the primary source of Corona as the Chinese have bats in their food. This corona has affected the whole world very badly. Till writing more than 2.9 million cases have been reported including 0.2 million fatalities across the world. Covid19 has brought the most powerful countries like the USA and European Countries on its toes. The media agencies including think tanks are blaming China for the outbreak of such a virus. According to Caixin a media group in China Dr. Li Wenling was the first person who alarmed the Chinese Government about the upcoming threat of the virus but the health agencies didn’t hear him claiming it noncontagious. Even the World Health Organisation in its tweet on January 14, claimed that there was no primary evidence that can draw the conclusion that the virus can spread between the human. Later when the Covid19 started engulfing the people in China, the government felt guilty apologizing for the whistle-blower doctor who had forecasted the threat of the virus earlier and the government and its health agencies didn’t care his words. However, after 4,632 fatalities (Worldometers.info) there China succeeds in controlling the Covid19 but until it had started affecting the whole world causing a large number of deaths in Italy, Spain, and in the United States. The nations who ignored it earlier had to face grievous consequences of this virus as while the Virus had started spreading its legs in the United States President Trump was a visit to India. The Political analyst, Think tanks and various news channels are blaming china for the outbreak of a pandemic.

Violations of International Health Regulations and Claims under the WHO Constitution

According to Article 5 of the International Health Regulations, a state is obliged to develop, strengthen, and maintain its public health infrastructure and detect and report the events of a potential health crisis. In case of Public Health Emergencies of International Crisis, a state must communicate all public health-related information and health-related activities taking place in its territory to WHO within hours of happening. The State must keep the WHO informed about the accurate and detailed public health information, including the threat of the source and the risks including the deaths as well as measures of prevention. Article 7 imposes an obligation upon the states to share public health information with Who when the source of the disease is unko0en to the State. The symptoms of the virus were found in the workers of Vet market in mid of December but till 31 December the Wuhan Health Municipal Commission wrongly informed the WHO that there is no human to human infection of this virus. Despite a whistle-blower doctor and media agencies the government suppressed the facts and symptoms of the pandemic. Further, the Commission misinformed the Who authorities that it was a normal common flu till 1400 workers were found infected on the mid of February.

According to Article 37 of the WHO Constitution, the Director-General shall be impartial while disposing of its duties. Sources claim China through its influence convinced the Director-General of the WHO to suppress the facts from the whole of the world for 2 months and till then the world was carefree about this virus. Wuhan being a global hub of more than 1000 companies has almost flight to every part of the world. The Contagion virus spread in all parts of the world till late February when WHO started observing that the situation was going out of hand it revealed all the basic informational facts in front of the world. From the all aforementioned incidence it is pertinent that China intentionally suppressed the facts not only from WHO but also from the whole world which ultimately lead the whole world suffering from this pandemic. The earlier China would have if informed about the outbreak of this pandemic the world would have been alarmed and the situation would have far better than this. Despite so many fatalities, the whole world is facing with other impacts of this economy. The Economy of the powerful countries have been crashed down, the factories, industries have been shut down for the indefinite period. This pandemic has also affected the education system. The Schools, Universities have been locked down for the indefinite period till the effect of the virus lessens. The people have become jobless and the labor class people are facing the problem of even one daily meal in this pandemic.

Conclusion

The negligence of China has left the whole world in a situation of indefinite period wait. People are waiting in their homes maintaining social distancing so that they can become safe. China has not only violated the International health regulations but it has also violated the Constitution of WHO putting the world under the grave threat of this pandemic. Various news sources are claiming that Covid19 is a manmade virus by china in order to take rivalry from the United States to its economic opponent. China is ambitious to hold rank one in terms of economy in whole world so it has secretly started the Bio war. However, no any evidence has been found to justify such claims. China by avoiding international rules and neglecting intentionally triggered the spread of such a virus. It is liable for all the deaths and the economic losses caused in the whole world. It should be dragged before the International Court of Justice for the Compensation of the economic losses the whole world had suffered and will suffer as the aftermath of this pandemic.