Retired Supreme Court associate justice Antonio Carpio says while China is covered by the doctrine of sovereign immunity, its officials may be held legally liable if one can prove the spread of the coronavirus was deliberate.
Though China as a state cannot be sued, Carpio said it may be possible to hold individuals in China liable for negligence or bad faith – if it can be proven.Still, the obstacles to do so would not stop there as Carpio said jurisdiction would then be needed to be acquired over them as individuals supposedly responsible live in China.
In terms of suing China before the International Criminal Court or International Court of Justice , Carpio reiterated parties may again face the same problems as China is not a signatory to the Rome Statute creating the ICC nor has it given its consent to sued at the . While this is the case, Carpio its leaders such as President Xi Jinping can still be sued if they commit crimes against humanity.
Carpio recalled the the case of former foreign secretary Albert Del Rosario and former ombudsman Conchita Carpio Morales who filed a case against Xi at the ICC forIf one were to apply this example to the pandemic, Carpio said “you will have to show that it was the action of President Xi that caused the spread of COVID-19, That’s difficult to prove.”
“It's a virus that came from bats and unless we prove that it was deliberate on their part, it's difficult to sue China and its leaders,” he said.people worldwide, with the death toll topping 209,000 as of Tuesday, April 28.
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