People’s Daily Zhong Sheng: The essence of the indiscriminate farce is trampling on the international rule of law

According to the People’s Daily on May 14, the CCP mouthpiece outlets issued a report as follows:

The law is used to uphold fairness and justice, and should never be reduced to a tool of “political blackmail” by some American politicians.

For some time now, some ulterior politicians and organizations in the United States have been fabricating conspiracy theories regarding the source of the corona virus, while using the outbreak of corona pneumonia to launch so-called “claims” against China. On May 12th Graham, chairman of the Senate Judiciary Committee, concocted the so-called “accountability law” on the new corona virus which is insulting to international law.

The sudden emergence of major infectious diseases is a global public health crisis and is legally “force majeure”. In substantive law, there is no provision in the current system of international law on State responsibility in the place where viruses are found. As we all know, the production of the virus is accidental, the outbreak of the affected areas or population, such as indiscriminate prosecution and other “secondary harm” is obviously unfair. Procedural law, in accordance with the principle of sovereign equality and “sovereign immunity”, the courts of any state have no jurisdiction over the sovereign acts taken by other Governments in the prevention and control of outbreaks.

“The Charter of the United Nations” clearly defines the principle of the sovereign equality of States and the “Equal states have no jurisdiction”, a principle of Roman law that has laid the foundation for the historical principle of State immunity and is supported by the judicial practice of contemporary sovereign States. The freedom of sovereign States from the jurisdiction of foreign domestic courts was a right of international law, not a “gift” from other Governments. The principle of “prohibition of counter-statements” in international law requires that the positions of States on international law should be consistent. However, some American politicians do not intend to stop by the law without reason, but instead have the idea of amending the United States Foreign Sovereign Immunity Act. The law, which is a U.S. commitment to “sovereign immunity” and now seeks to amend domestic law to prosecute China indiscriminately, has the effect not only of undermining the logic and operating environment of international law, but also of triggering global “revenge sovereign litigation”, leading to confusion in the international legal system and international tensions.

The international law community has taken the initiative to speak out and break the mask of indiscriminate farce. Lawrence Gostin, a professor of global health law at Georgetown University in the United States, points out that some Politicians in the United States have said the corona virus came from a laboratory, but have been unable to produce any evidence. Von Bodandi, director of the Max Planck Institute for Comparative Public Law and International Law in Germany, said the prosecution should be based on facts, not on the unilateral and unfounded accusations made by some media and individuals, and that “I do not agree that the loss should be put on China’s side”. Peter Hilbold, an Austrian jurist and professor of international law at the University of Innsbruck, warned that unproven US claims damaged China’s reputation and that China could hold the US liable for damage to its reputation.

The law is about evidence, and facts must be spoken. Virus tracing is a serious scientific question, a rational professional question, and needs to listen to and respect scientific and professional opinions. There is a broad consensus in the international scientific community that the corona virus is not man-made or genetically edited. As research into corona viruses continues, the timeline of outbreaks in several countries has been significantly moved forward. WHO experts have made it clear that the source of the corona virus has not yet been determined. Whether it is a joint statement by 27 internationally renowned medical experts from eight countries in the recent medical journals “The Lancet” and “Nature”, or a study published by experts from the United States, Australia and the United Kingdom, it has concluded that the virus “cannot be made manually”. In the face of these facts, some American politicians are laughed at by the world.

Clearly indefensible in law, why do some politicians in the United States refuse to stop the farce of high-profile “claims”? The answer is clear: they seek to achieve “political blackmail” with a “presumption of guilt” offensive. Tom Ginsberg, a professor of international law at the University of Chicago, commented that many right-wing politicians are focusing on “China” to cover up the US government’s own problems. Mr Gerache, a former deputy minister of Economic Development of Italy, made it clear— sue China, they would be asked to sue their government, which is directly responsible for the local outbreak.

Indiscriminate farce is a flagrant violation of the international rule of law. The law is used to uphold fairness and justice,  and should never be reduced to a tool of “political blackmail” by some American politicians. In the face of the global epidemic, some politicians in the United States are advised to clear their minds, to understand the “do not do, seek their own” way, in order to maintain the safety of people’s lives and health as a priority, do not repeatedly harm people. Justice is in people’s hearts world history of civilized societies.

Souce: http://opinion.people.com.cn/n1/2020/0514/c1003-31707979.html

Translation:【Key】

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