المسؤولية القانونية لمنظمة الصحة العالمية في ظل جائحة فيروس كورونا
Date
2021-06-05
Authors
حنين سميح مصطفى أبو فارة
Hanin Samih Mostafa Abu Farah
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study talked about the topic of the legal responsibility of the World Health Organization in light of the Corona virus pandemic, and the importance of the study appears in that it sheds light on a topic that occupies the world’s talk today, to identify the rules of international law related to the legal responsibility arising from it, which enables it to be held legally accountable towards countries affected by this pandemic. The researcher followed the analytical approach by resorting to laws and decisions related to the subject of the study and analyzing it.
The study was divided into two chapters, the first chapter dealt with the statement of the international legal responsibility of international organizations, and included the conceptual framework of international organizations (first topic), and the legal basis for the responsibility of international organizations for their work (second topic), while the second chapter dealt with the legal responsibility of the World Health Organization, and included On the definition of the World Health Organization and its legal personality (first topic), and the second topic talked about the manifestations of the responsibility of the World Health Organization during the Corona virus pandemic, since the new Corona virus pandemic was declared an international health emergency, leading to its efforts in monitoring the mutation in the Corona virus and continuing work on vaccines, then The responsibility of the World Health Organization for its illegal actions during a virus pandemic, and then we touched on the possibility of material and in-kind compensation for the affected countries.
The study reached several results, the most important of which are: that the basis of the legal responsibility of the Health Organization for the spread of the virus (COVID-19) is in the theory of error, given that the World Health Organization has not fulfilled its specific obligations under the rules of international law; The World Health Organization is also accused of its delay in early detection that the infection of the Corona virus is transmitted between humans, and its delay in declaring it an international pandemic. The inclusion of several articles in it made it avoid direct trial before any national or international judicial body.
The study reached several recommendations, including: that the World Health Organization include a system of sanctions in its constitution for countries that violate its decisions and recommendations, especially if they are related to a pandemic such as the Corona virus pandemic, and reform the legal systems based on the World Health Organization and current standards as they do not meet the purpose for which they were
issued, as recommended The researcher states that have been injured as a result of the spread of the Corona virus, to invoke the responsibility of the World Health Organization, inform it of its shortcomings, and demand compensation for the damages incurred as a result of that and the form that compensation should take.