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Can the CCP Be Made to Pay Damages for This Pandemic?
The image from a transmission electron microscope showing the spikes that "crown" the coronavirus. Photo: NIAID-RML/sciencealert.com

he recent documentary "Tracking Down the Origin of Wuhan Coronavirus" [watch] notes that lawsuits are being brought against the Chinese Communist Party (CCP), demanding that it be held liable for the coronavirus pandemic.

For example, in the United States, on March 24, Freedom Watch and Texas lawyer, Larry Klayman "filed a complaint in the Texas federal court seeking at least $20 trillion USD from the Chinese government." The lawsuit notes that "the Chinese people are a good people, but their government is not and it must be made to pay dearly. The Chinese government and its officials are not immune from suit, as biological weapons are not just outlawed by international conventions, but are in effect a terrorist weapon, that are developed to destroy civilian populations."

In the United Kingdom, on April 4, "The British think tank, Henry Jackson Society (HJS), advocated for compensation of £351 billion from the CCP." HJS also notes that "Global lawsuits against China for "patent breaches" of the International Health Regulations over its handling of COVID-19 could run to at least 3.2 trillion pounds from just the nations of the G7, according to a newly released report."

That report claims that "the Chinese government's early handling of the disease and failure to adequately report information to the WHO breached Articles Six and Seven of the International Health Regulations [IHRs], a Treaty to which China is a signatory and legally obliged to uphold. These breaches allowed the outbreak to rapidly spread outside Wuhan, its place of origin."

In particular, HJS research discovered that the Chinese government:

  • "Failed to disclose data that would have revealed evidence of human-to-human transmission for a period of up to three weeks from being aware of it, in breach of Articles six and seven of the IHRs."

  • "Provided the WHO with erroneous information about the number of infections between January 2, 2020, and January 11, 2020, in breach of Articles Six and Seven of the IHRs."

  • "Failed to proscribe avoidable vectors of lethal zoonotic (animal-originated) viral infection, instead actively promoting the massive proliferation of dangerous viral host species for human consumption in breach of Article 12 of the International Covenant on Economic, Social, and Cultural Rights."

  • "Allowed 5 million people (roughly equivalent to the size of The San Francisco Metropolitan Area, CA or Greater Boston, MA in the USA, and roughly five times the size of a city the size of Birmingham, UK) to leave Wuhan before imposing the lockdown on January 23, 2020, despite knowledge of human-to-human transmission."

Also, on April 4, Business Today reported that "the International Council of Jurists (ICJ) and All India Bar Association (AIBA) filed a complaint in the United Nations Human Rights Council seeking [an] unspecified amount as reparations from China over the global spread of coronavirus."

"The petition was penned by a senior advocate - All India Bar Association chairman and ICJ president - Adish C. Aggarwala, for China's legal liability on committing "grave offences against the humanity" under the 'Responsibility Of States For Internationally Wrongful Acts, 2001'. The petition accused China of inaction and negligence on spreading the virus worldwide and alleged that the country had violated International Health Regulations (IHR), and International Human Rights and as also International Humanitarian Laws and UDHR clauses."

And according to a Jerusalem Post article dated April 19, 2020, "the Israeli NGO Shurat HaDin plans to file a class-action lawsuit against China in the coming days over its alleged negligence in treating and containing the coronavirus, N12 reported on Sunday. The Israeli lawsuit, once filed, will join at least four on-going lawsuits submitted to U.S. courts against Chinese authorities over the pandemic, according to Newsweek."

"Shurat HaDin usually focuses on terror groups, yet according to Aviel Letiner, husband of Shurat Hadin director Nitsana Darshan-Leitner, just as states cannot commit acts of terror and claim immunity due to their being sovereign agents, China should not be able to avoid its own alleged failure in containing the virus. The lawsuit is submitted in the U.S. due to the fact that "most other countries are scared of the implications of China's economic might," he added. In recent years China made huge investments in Israeli infrastructure, winning billions of dollars of tenders for projects like the Tel Aviv lightrail and Haifa's new harbor."

The Jerusalem Post article asks, "how much compensation would China be forced to pay if and when such lawsuits are ruled upon? According to the Daily Examiner, the figure might be as high as six trillion U.S. Dollars." One can rest assured that more lawsuits are in the works. Given how this pandemic is devastating economies across the globe, how can there not be.

Of course, the CCP will most certainly claim sovereign immunity from any lawsuit. But in a recent article in Bloomberg.com, Stephen L. Carter, a law professor at Yale University, notes that although difficult, in the United States at least, there is a slim possibility that "a handful of U.S. judges might insist that some special aspect of the pandemic means that the Chinese regime is liable." For the billions of people around the globe whose lives have been turned upside-down, the tens of thousands who have died, and the hundreds of countries whose economies have been devastated, it is only fair that the CCP be held accountable for this pandemic. Published 4/21/2020






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