The Outbreak of Covid-19 in China Amounts to Grave Offence Against the Humanity & Gives Rise to Legal Liability

INTRODUCTION

Covid-19 (Coronavirus) arise in Wuhan Virology Lab, Wuhan region in the state of China has resulted world pandemic thousands of people getting affected and committing death all over the world. The fact Covid-19 is spreading in huge number its affecting economy of the states as well as its violating the basic Human Rights of citizens. So many people live away from their family, hometown for several reasons as for the education, for career purpose, for working they all are stuck at that placed & could not travel because of pandemic. Apparently, this is the violation of basic Human Rights on international level.

WHAT IS COVID-19?

Disease Covid-19 is popularly known as Coronavirus. It is the virus which is a respiratory illness. This is the newly identified virus, SARS-CoV-2 emerged in China in Wuhan region. Symptom of Covid-19 includes cough, fever, difficulty in breathing, body ache, headache, loss in smell or test, lack of oxygen level in blood. This disease can be severed, and some cases have caused death. The Covid-19 spread from person to person. The World Health Organization (WHO) declared the disease as pandemic. Immediately several countries around the world imposed strict lockdown.

HOW COVID-19 IS AN INTERNATIONAL OBLIGATION?

There is violation by one state to greater humanity at the international border where other states got effected. The outbreak of virus covid-19 amounts to death of human being, this destroys societies in whole. The virus effecting to human being physically as well mentally. Lots of people are losing their family members or family and this affecting not only to the economy of the individual but also the whole state. Because of money is strapped, its exceedingly difficult to get food, medicines and daily necessities.

According to the United Nations, Human Rights is,
“Ensure that a human being will be able to fully develop and use human qualities such as intelligence, talent and conscience and satisfy his or her spiritual and other rights”
Every living being has their own cultural rights, freedom of their social securities & social life. ICESCR (International Convention on Economic, Social & cultural Rights) provides the same right to each & every person doesn’t matter the person belongs to which states. This pandemic incepts global lockdown which violates certain rights under ICESCR, violation of cultural rights, freedom of social securities & social life is crime which lays down in Art 9; this also moratorium to enjoyment of highest attainable standard of physical & mental health which prevents under Art 12 (1) of the ICESCR. ICESCR protects the right to an adequate standard of living, including adequate food, clothing and housing under Art 11, the right to enjoy the ‘highest attainable standard’ of physical and mental health under Art 12, the right of everyone to education under Art 13, including free and compulsory primary education under Art 14, and the right to take part in cultural life under Art 15.
Initially, the China had not informed about the virus outbreak. On 5th January 2019, Knott reported the death of 1st person due to illness; before this no information was given to WHO about the virus outbreak from ‘Wuhan Virology Lab’, which gives rise to the violation of Art 7 of IHR states that the Information sharing during unexpected or unusual public health events. ‘If a State Party has evidence of an unexpected or unusual public health event within its territory, irrespective of origin or source, which may constitute a public health emergency of int. concern, it shall provide to WHO all relevant public health information’. In Palmas a doctor on social media chat account talking about sickening disease suffered by people, but later the post was found to be removed. The doctor who earlier spoke about the sickness on social media has been taken into custody for spreading rumours & disturbing peace by China.

There a is law under IHR, Art 6 (2) which clearly states that, the state party should communicate to WHO timely, accurate & sufficient detailed public health information available to it on the notified event, where possible including case definitions, laboratory results, source and type of the risk, number of cases and deaths, conditions affecting the spread of the disease and the health measures employed; and report, when necessary, the difficulties faced and support needed in responding to the potential public health emergency of int. concern; this law of IHR infringed by the China

The act which has been done is clearly comes under IWA, 2001. In this regard it is averred that the Knott govt. has endangered the lives of the people by not issuing prompt health warnings regarding the outbreak of Covid-19 & also hiding the information from the public & the healthcare authorities.
The China also violates Art 8 of GC, 1949. The GC was a series of int. diplomatic meetings that produced a number of agreements, in particular the humanitarian law of armed conflicts, a group of int. laws for the humane treatment of wounded or captured military personnel, medical personnel & non-military civilians during war or armed conflicts. The agreements originated in 1864 & were significantly updated in 1949 after WW II.
The Art 8 of GC, 1949 protects the persons may in no circumstances renounce in part or in entirety the rights secured to them by the present convention & by the special agreement referred to in the foregoing Art if such there be. Being the part of the UN the State of China has to follow certain treaties & convention which has been made for all benefits; but the State of Knott did contravention which is against the humanity. Art 8 of GC is very relatable to the Art 8 of ICC. Art 8 of ICC deals with the War Crimes & Art 8 of GC, 1949 protected persons from such circumstances.

Covid-19 also causes unemployment all over the world which results difficulty to run home in proper way because of financial crises which violates Art.25(1) UDHR. This article says, everyone has the right to standard of living adequate for the health , and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services ; and the right to security in the event of unemployment, sickness, disabilities, widowhood, old age or other lack of livelihood in circumstances beyond his control.

The virus outbreak amounts to death of human beings as well as animals. It destroyed several societies in whole. ICC has the law which stands against Genocide. Art 6 – (Genocide) provides the protection against such acts. It derived from the Greek ‘genos’ means race, tribe or nation & the Latin ‘cide’ mean killing. WHO identifies that there was evidence of spreading the virus from human to human & there is no option to stop this dangerous virus except shutdown whole state which is causing serious mental harm to the people living in society which causing serious bodily or mental harm to members of the group; also violates group of the members life which calculated physical destruction in whole.

The virus Covid-19 virus has also affected animals in certain ways, as lack of veterinary healthcare facility, starvation of street animals who are depend upon feeders, interruption in supply of pet food chain, abandonment of pets by people fearing of this spreading virus, even some animals are dying which is an offence under Art 1 (2) of ICPA – “Life has intrinsic value. No animal should be killed unnecessarily or be subjected to cruel acts or to unnecessary suffering” & Art 8 of ICPA – “commercial animals shall be provided an appropriate environment & the necessary care for their well-being”.

CAP stands for the companion animals in which, Art 1 (1) implies that “no person has any right to give unnecessary pain, suffering or distress to any animals & no person shall abandon a companion animal”. Art 10 (1) states, that “only a veterinarian or another competent person to kill companion animal except in an emergency to terminate an animal’s suffering when veterinary or other competent assistance cannot be quickly obtained or in any other emergency covered by national legislation. All shall be done with minimum of physical & mental suffering appropriate to the circumstances”.

The lab in Wuhan announced discovery of compound in Bats having therapeutic properties and stated about further studies, afterword’s the virus spread worldwide & killed people in large-scale. It would be call as murder and extermination and also intentionally causing great suffering, or serious injury to body or to mental or physical health & much more. All these crimes has done by the China under Art 7 of ICC which deals with Crimes against humanity which refer to specific crimes committed in the context of large-scale attack targeting civilians, regardless of their nationality. These crimes include murder, torture, persecution & so on.
The China gave births the virus Covid-19 cause several deaths, affected economy as well & also disturbed the peace worldwide. Such acts cause War Crimes under Art 8 of the ICC, which defined as unwarranted acts of violence or brutality, violations of treaties or violating customs that govern military conflicts. War crimes can be divided into three categories:

Traditional war crimes – acts that violate customary war time practices
Crimes against peace – acts of hostile military action against a sovereign country that is not in self-defence
Crime against humanity – acts that involve the enslavement, persecution, brutality, or murder of non-combatants or the extermination of certain groups of people
Here, the last two categories are very well performed by the State of China. Art 8 (1) of ICC states that “the court have jurisdiction when war crimes has committed as part of a plan or policy or as part of a large-scale commission of such crimes”. The virus outbreak is fully planned by the China government to destroy the world from the virus outbreak.

The virus firstly found in 1965 with symptom common cold. Later it’s found in 2002 & quickly affected to 28 countries. By July 2003 more than 8,000 people got infected & 774 people died in this SARS epidemic. There was again small outbreak in 2004 of this viruses. According to the same, the invention of this virus Covid-19 is not new or recently discovered by the State of China. Scientist was well aware about this virus & also well known about the side effects of the virus. The act clearly shows the intention of China government & most important thing that the virus did not spread in all the provinces of Knott but the same has spread to all the countries in the world.

The virus Covid-19 pandemic was a conspiracy of the China Government. The China Government has meticulously planned the execution & spread the virus worldwide. The act of China endangered the lives of millions all over the world. It also hampered life & business of the people across the globe. The virus did not spread much in China but the same has spread in large quantity to all the countries in the world, which all causes as Crime of Aggression.
‘Crime of Aggression’ – means planning, preparation, initiation, or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a state, of an act of aggression which, by its character, gravity & scale, constitutes a manifest violation of the Charter of the UN.

CONCLUSION

The China has conspiring biological warfare against the world. The covid-19 pandemic was a conspiracy of the China government. The government has meticulously planned the execution & spread the virus all over the world. In August 2019, Wuhan Institute of Virology claimed to research on a compound in Bats having therapeutic properties & affirmed further studies are going on. In November 2019, just after three months report of a mysterious cold and fever started emerging in the social media accounts of China citizens. The act clearly shows the intention of & most important thing that the virus did not spread in all the provinces of China but the same has spread to all the countries in the world. The China have endangered the lives of millions & also hampered life & business of the people across the globe. China. has endangered the lives of the people by not issuing prompt health warning regarding the outbreak of virus & of hiding the information from the public & the healthcare authorities as well. Thus, International community & member states for such loss & harm to physical, psychological, economic & social harm in respect of International obligations.

REFERENCES:

https://www.worldometers.info/coronavirus/country/china/
http://www.commonlii.org/in/other/treaties/INTSer/1954/5.html
https://www.google.com/url?sa=t&source=web&rct=j&url=https://warontherocks.com/2020/03/china-is-legally-responsible-for-covid-19-damage-and-claims-could-be-in-the-trillions/&ved=2ahUKEwjFuvbF9vXrAhU97XMBHdl0C_sQFjAQegQIBxAB&usg=AOvVaw3dHtKyHm7skY7zoDMccE-b
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.wipo.int/pct/en/texts/articles/a2.html&ved=2ahUKEwjMwLf-mIbrAhUYzTgGHUzpDGYQFjAAegQIBBAC&usg=AOvVaw1p1sWbvaLNDJObGz3EidVL
https://www.inventiva.co.in/trends/inventiva/pil-to-be-filed-in-supreme-court-of-india-for-coronavirus-epidemic-against-china-investigation-already-going-on-the-role-of-who-icj-can-also-be-approached/
https://www.sciencemag.org/news/2020/07/who-led-mission-may-investigate-pandemic-s-origin-here-are-key-questions-ask
https://www.scripps.edu/news-and-events/press-room/2020/20200317-andersen-covid-19-coronavirus.html

AUTHOR:

Name :- Sampada Sunil Patil
College :- BMS College of law, Bangalore.