Mike Becker Profile picture
Assistant Professor @TCDLawSchool. Previously International Court of Justice (@CIJ_ICJ). @YaleLawSch, @ENS_ULM, @AmherstCollege. https://t.co/p4LKpMXBH8

Jul 12, 2020, 10 tweets

The @WHO is moving ahead with its #COVID19 panel of inquiry, called the Independent Panel for Pandemic Preparedness and Response (#IPPR)), to be chaired jointly by @HelenClarkNZ and @MaEllenSirleaf. I have a few initial thoughts. 1/10 who.int/news-room/deta…

@DrTedros of the @WHO has said the #IPPR’s terms of reference will be developed in consultation with Member States, so it’s unclear how closely the mandate will track para 10 of the 19 May 2020 resolution by the World Health Assembly, available here: apps.who.int/gb/ebwha/pdf_f… 2/10

Recall that the Assembly called for an evaluation of (i) the effectiveness of the WHO-coordinated int’l response, (ii) the functioning of the International Health Regulations, (iii) WHO’s contribution to UN-wide efforts, and (iv) WHO’s actions & their timeliness re #COVID19. 3/10

The May resolution by @WHO also called for recommendations on future global pandemic prevention, preparedness, and response. This will undoubtedly be a part of the #IPPR’s mandate and report. 4/10

It would not be bad outcome if the IPPR mandate were to end up tracking the May resolution, which strikes a balance between looking back and looking forward, without a focus on legal accountability (wisely, in my view, as discussed here: ejiltalk.org/do-we-need-an-…) 5/10

But even without a legal accountability focus, a mandate tracking the May resolution provides ample room to point out mistakes or questionable calls by @WHO and, crucially, by individual states. How much the #IPPR is willing to push in this direction is a key question. 6/10

And if the #IPPR mandate refers to ‘effectiveness’ of WHO-led response (which could and probably should include effectiveness of country-specific responses), it will also be very important to see how ‘effectiveness’ is defined, whether by the panel or by states in the ToR. 7/10

Also crucial to see who else Clark & Sirleaf decide to appoint to the #IPPR, if this is left to them. Public health experts, scientists, & doctors? Politicians & diplomats? International lawyers? These choices can have a major impact on focus, methodology, and conclusions. 8/10

@WHO is calling for an independent secretariat to support the #IPPR, separate from normal WHO structures. This seems prudent given focus on actions & credibility of WHO itself. It also proposes an interim report by November and final report by May. who.int/dg/speeches/de… 9/10

Finally, the #IPPR’s impact will hinge in part on its ability to induce good faith cooperation by key actors (see here: ejiltalk.org/do-we-need-an-…). Decisions about the mandate & personnel may lay the foundation for this, and one hopes not at the cost of a watered-down exercise. END

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