Can action be taken against China under international law over Covid-19?

Updated 4 years ago · Published on 25 Mar 2020 6:45PM · 9 Comments

THE world is now at war with an invisible enemy deadly to the human race. The Wuhan Virus, or SARS-CoV-2 causes Covid-19 that has killed more than 16,000 across the globe.

The virus originated from the Chinese city of Wuhan and was believed to have been transmitted to humans from the exotic traditions of the locals who consumed bats and snakes.

The wildlife market in Wuhan, where it all began, has been closed down since January 1 to contain the spread of the virus.

The virus has caused repercussions on the global economy, paralysing Europe, creating chaos in mainly first world nations that possess superior health and medical facilities.

Italy, the United States and Spain are now the nations most affected by Covid-19 outside of China.

As one of the most visited nations on Earth, Malaysia is also badly affected by virus’ wrath. In order to ensure Malaysia does not suffer Italy’s fate, the movement-control order (MCO) has been enforced by the Malaysian government from March 18 to 31 to break the chain of transmission.

US President Donald Trump recently named it the “Chinese virus”. He was then lambasted for being a racist. Trump justified the name by saying the virus originated from China.

The question is, could actions be taken against China under international law for, one way or another, causing this virus to spread across the globe?

Municipal law governs the relations between individuals within a state whilst international law regulates interactions between states or international organisations.

Whilst municipal law is vertical in nature, international law is horizontal. In other words, individuals may be charged and prosecuted if he or she violates any laws of a nation.

However, this does not apply to nations as sovereign states are equal under international law and can not be forced into doing anything against their will.

For instance, Malaysia and Singapore resolved the Batu Puteh dispute via the International Court of Justice (ICJ) more than a decade ago.

Nevertheless, had Malaysia or Singapore objected or refused to it, the Batu Puteh dispute would not have been brought to the ICJ in the first place.

In 2016, the Philippines initiated unilateral arbitration proceedings against China on the overlapping maritime claims in the South China Sea at the Permanent Court of International Arbitration (PCIA).

As a result, the Chinese government rejected any awards issued by the PCIA as the arbitration was convened without the involvement of China.

The German and the Japanese armies were ruthless and brutalised many during World War II, more than 70 years ago.

However, when the Axis lost the war and surrendered, the Nuremberg and Tokyo War Crimes Tribunals were established to prosecute the German Nazis and the leaders of the Japanese Empire respectively that were involved in war crimes and crimes against humanity.

In short, legal actions could not be taken against the nation itself but against its leaders that have committed war crimes and brutality.

Nevertheless, the Covid-19 pandemic is neither a war crime committed by China nor its leaders, although the virus itself originated from China.

In addition, it is almost impossible for any nations to drag Beijing to the ICJ for instance, as this particularly requires consent from the Chinese government.

Although there are draft articles or provisions on international law that place responsibilities on states that have failed to comply with their international obligations, these provisions have yet to take force.

Even if these draft articles have entered into force, there must be other provisions from any international treaties that have been breached by China for them to take responsibility.

Nonetheless, cordial relationships with China may be severed if this happens, affecting geopolitical stability and relative global peace.

With Covid-19 spreading across the world at an alarming rate, this is not the time to point blame but rather the time for people across the globe to show solidarity.

At the moment, the most affected nations are influential first world nations. Who would have thought that nations with superior healthcare services would succumb to this deadly microscopic virus.

China has made efforts in assisting nations like Malaysia, Italy and others in overcoming the wrath of Covid-19. Russia and Cuba have also sent medical experts to assist Italy to fight the virus. This is the solidarity that all nations should emulate.

As for civilians, stay at home and restrict movements so that the chain of transmission could be disconnected. – March 25, 2020.

* Associate Prof Mohd Hazmi Mohd Rusli and Fareed Mohd Hassan are lecturers at the Faculty of Shariah and Law, Universiti Sains Islam Malaysia.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.

Sign up or sign in here to comment.

Comments

  • What is the purpose of this article? Research so far as not determined the origins of the Covid-19 virus. Therefore, it is presumptuous to assume that it originated from bats or snakes. The article seeks to apportion blame on China and reeks of subtle racism. The authors should perhaps write an article on systemic discrimination in this country premised on Malay/Muslim supremacy and whether that is permitted under Islam?

    Posted 4 years ago by Gerard Lourdesamy · Reply

  • How are u going to charge anybody without true evidence of substance and witness? Perhaps u should take action against God for acting without telling humans the real problem? Professor Blame!!!

    Posted 4 years ago by James Wong · Reply

    • Hey, virus is the creation of God, as many believed and said, so they should feel very blessed if God wishes to meet them much much earlier!

      Posted 4 years ago by Malaysian First · Reply

  • The RAKYAT should charge the government for NOT CREMATING ALL casualties of CoVID-19 to kill the virus but allowed many to be buried in flimsy and leaky coffins which enabled the virus to be airborne and spread further!

    Posted 4 years ago by Malaysian First · Reply

  • People in Thailand, Cambodia, Vietnam also eat bats & snakes. If the virus came from these wild animals the infection could have started there too. And why only now and why specifically only Wuhan ?

    Posted 4 years ago by Loh Ah Mee · Reply

  • These gentlemen are echoing the talking point of America, blaming China. You two are supposed to be highly literate gentlemen, but sadly not very educated,for you to accuse China is totally unacceptable. Why don't you also accuse Americans who brought the Virus into China! American soldiers were in Wuhan months before the outbreak,and the Senate knew that the Virus was going to break, that was why they sold their stock before the Virus broke! Please read CNN and MSNBC to know more about it! What is your agenda gentlemen?

    Posted 4 years ago by Alex Liew · Reply

  • These gentlemen are echoing the talking point of America, blaming China. You two are supposed to be highly literate gentlemen, but sadly not very educated,for you to accuse China is totally unacceptable. Why don't you also accuse Americans who brought the Virus into China! American soldiers were in Wuhan months before the outbreak,and the Senate knew that the Virus was going to break, that was why they sold their stock before the Virus broke! Please read CNN and MSNBC to know more about it! What is your agenda gentlemen?

    Posted 4 years ago by Alex Liew · Reply

    • I dont think these two guys are well versed with international law and fully understand the doctrine of state responsibility. Buat malu saja kalau ini standard yang ditunjukkan. I dread to think what they taught their students.

      Posted 4 years ago by No Gostan · Reply

  • I would advise Prof. Mohd Hazmi to STFP. Do not place your Professorship to shame on your unfounded write up piece. Emulating Trump in expression shows the lack of world wide curriculum knowledge.. The recent admission of circumstancial guilt by US spokeman for CDC is now a talk within the two countries on who is liable and Malaysia as a tiny country stay out please. Do not act like Mahatir who think he is mister know all and created hardship in international affairs and trades at the expense of the rakyat . You are just a professor by virtue of being in Malaysia and not an international acclaim academician. China is now the only countries that have extended arms all over the world to combat the Covid . Don't you as an ignorant fool, juiced up an unwelcoming environment and ends up we in Malaysia suffering further without any aids and support from China. Stop your stupid ketuanankind of act.

    Posted 4 years ago by Lee Lee · Reply