By Jerome A. Cohen
Here is an interesting, imaginative piece by Professor James Kraska, China is legally responsible for COVID-19 Damage and claims could be in the trillions. Prof. Kraska is an able and somewhat nationalistic scholar of international law and politics. He not only articulates a basis for potentially holding the PRC internationally liable for damages related to China’s cover-ups of the virus but also deals with the broader problem of how to mobilize realpolitik measures to oppose and perhaps terminate other PRC violations of international law, a challenge that keeps popping up re Xinjiang, suppression of human rights lawyers and their clients, kidnappings and other more conventional arbitrary detentions, and other misbehavior. Of course, the PRC can play at this game and seek to mobilize world pressures and sanctions against the US for its invasion of Iraq, its abuse of would-be immigrants and other mischief that might be characterized as international law violations.
Kraska quickly dismisses attempts to sue the PRC in the International Court of Justice for the simple reason that the PRC has not accepted and would not accept ICJ jurisdiction in such a case. Nevertheless a very highly-publicized effort to initiate such a case may be useful in promoting public awareness, for example regarding Xinjiang atrocities. The current suit against Myanmar because of its mistreatment of its Muslim minorities is an example. The case is far from over but the opening phase put Myanmar in the dock including its vaunted Nobel Peace Prize winner.