Legal Status of the Who’s Covid-19 Investigator in International Law Perspective
), Hikmatul Ula(2), Intania Zahra R(3)
(1) Faculty of Law Brawijaya University, Malang, Indonesia
(2) Faculty of Law Brawijaya University, Malang, Indonesia
(3) Faculty of Law Brawijaya University, Malang, Indonesia
Corresponding Author
Abstract
Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory.
Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.
Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.
Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.
Keywords
How To Cite
@article{SASI700,
author = {Herman Suryokumoro and Hikmatul Ula and Intania R},
title = {Legal Status of the Who’s Covid-19 Investigator in International Law Perspective},
journal = {SASI},
volume = {28},
number = {1},
year = {2022},
keywords = {Expert on Mission; Legal Protection; Immunities},
abstract = {Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory.Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.},
issn = {2614-2961}, pages = {12--26} doi = {10.47268/sasi.v28i1.700},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/700}
}
Journal Article
Gibney, Matthew J. "Statelessness and the Right to Citizenship." Forced Migration Review 32 (2009): 50-51.
Kjeldgaard-Pedersen, Astrid. "Global Constitutionalism and the International Legal Personality of the Individual." ICourts Working Paper Series. 168. Copenhagen, 2019.
https://doi.org/10.2139/ssrn.3439329
Nowrot, Karsten. "Legal Consequences of Globalization: The Status of Non-Governmental Organizations Under International Law." Indiana Journal of Global Legal Studies 6, no. 2 (1999): 579-645.
Puspoayu, Elisabeth Septin. "Juridical Review of Legal Personality in Dispute Resolution Between ASEAN Members in the MEA Era." Galuh Yustisi 5, no. 2 (2017): 168-76. https://doi.org/10.25157/jigj.v5i2.794.
https://doi.org/10.25157/jigj.v5i2.794
Putra, Bama Andika, and Abdul Razaq Cangara. "Invoking the Responsibility to Protect: The Derogation of Its Principles and Implementation." Journal of Liberty and International Affairs 4, no. 3 (2018): 56-65.
Rachman, Ferry Eka, Eko Saputro, and Akhirudin Vami K. "The Protection of Foreigners in International." Journal of La Sociale 2, no. 1 (2021): 18-24. https://doi.org/10.37899/journal-la-sociale.v2i1.264.
https://doi.org/10.37899/journal-la-sociale.v2i1.264
Sadiq, Kamal, and Tsorapas Gerasimos. "The Post-Colonial Migration State." European Journal of International Relations 27, no. 3 (2021): 890.
https://doi.org/10.1177/13540661211000114
Stewart, Angus. "Two Conceptions of Citizenship." The British Journal of Sociology 46, no. 1 (1995): 63-78. https://doi.org/10.2307/591623.
https://doi.org/10.2307/591623
Wang, Yanping. "Three Legal Questions Arising from the Outbreak of the Coronavirus in China." Michigan International Lawyer 31, no. 1 (2020): 9-13.
Book
Ardhiwisastra, Yudha Bhakti. International Law: Bunga Rampai. Bandung: Alumni, 2003.
Hadjon, Philipus M. A Study of Legal Protection in Indonesia. Jakarta: Bina Ilmu, 1987.
Kusumaatmadja, Mochtar, and Etty R Agoes. Introduction to International Law. Bandung: Alumni, 2003.
Mandalangi, J Pareira. Legal Aspects of International Organizations. Jakarta: Bina Cipta, 1986.
Mauna, Boer. International Law's Role, Function in the Era of Global Dynamics. Bandung: Alumni, 2001.
Soeroso, R. Introduction to Legal Studies. Jakarta: Sinar Grafika, 2015.
Suryokusumo, Sumaryo. Case Study of International Organization Law. Bandung: Alumni, 1997.
Regulation and Decision
Convention on The Privileges and Immunities of the United Nations
Health General Assembly, WHO, OP7.12 WHA73.1
International Court of Justice. 1949. Advisory Opinion. Reparation for Injuries Suffered in the Service of The United Nations Case. p. 10
Joint Report, WHO-Convened Global Study of Origins of SARS-CoV-2: China Part. p. 13
Regulations Governing the Status, Basic Rights, and Duties of Officials other than Secretariat officials, and Experts on Mission
Summaries of Judgments, Advisory Opinion and Orders of the International Court of Justice, Reparation for Injuries Suffered in the Service of The United Nations, April 11, 1949
The 1933 Montevideo Convention
The World Health Organization, Convention on The Privileges and Immunities of Specialized Agencies
World Health Organization, WHO-convened global study of origins of SARS-CoV- 2: China Part, Joint WHO-China Study Team Report, 14 January-10 February 2021.
Thesis, Web Page, and Others
Anonymous. 2021. UK Criticizes China About Corona Virus Data for WHO Team, accessed from:
https://www.cnnindonesia.com/internasional/20210215142849-134-606394/enggris-kritik-china-jual-data-virus-corona-untuk-tim-who, accessed on 22 July 2021
BBC News, Covid-19: Had 'rejected', the WHO 'original coronavirus' investigation team arrived in China, https://www.bbc.com/indonesia/dunia- 55534396 , accessed on 10 June 2021
Civid-19 statistics, accessed from https://www.google.com/search?q=statistik+virus+corona+ the world & ei = Odf3YJWPF9mvyAOfi7iIBQ & oq = statistical + + corona virus + world & gs_lcp = Cgdnd3Mtd2l6EANKBAhBGABQl44CWOepAmDRsAJoAHAAeACAAQCIAQCSAQCYAQ2gAQGqAQdnd3Mtd2l6wAEB & sclient = GWS-wiz & ved = 0ahUKEwjVj73-2_PxAhXZF3IKHZ8FDlEQ4dUDCA0 & uact = 5, on July 21, 2021
Farid Assifa (ed). 2021. The US Unveils Evidence of China's Production of Biological Weapons Ahead of the Potential for World War III. Accessed from: https://www.kompas.com/tren/read/2021/06/13/070000065/as-beberkan-unjuk-china-production-weapon-biologis-jelang-potensi-war?page=all. accessed on July 22, 2021]
Holi Kartika (ed). 2021. A Year of the Covid-19 Pandemic, Here Are 6 Misleading Conspiracy Theories in the World Accessed from: https://www.kompas.com/sains/read/2021/03/02/170300723/setahun-pandemi-covid-19-ini- 6-misleading-conspiracy-theories-in-the-world?page=all. accessed on 22 July 2021]
Joint WHO-China study: 14 January - 10 February 2021, WHO Overview -convened global study of origins of SARS-CoV-2: China Part, https://www.who.int/publications/i/item/who-convened-global-study-of-origins-of-sars-cov- 2-china-part, accessed on May 6, 2021
World Health Organization, 2021, Origins of the SARS-CoV-2 virus
https://www.who.int/health-topics/coronavirus/origins-of-the-virus, on July 22, 2021
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DOI: 10.47268/sasi.v28i1.700
Copyright (c) 2022 Herman Suryokumoro, Hikmatul Ula, Intania Zahra R
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