Mike Becker Profile picture
Jul 12, 2020 10 tweets 7 min read Read on X
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

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Mike Becker

Mike Becker Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @mabecker17

May 16
This @BBCNews piece addresses recent confusion about the term ‘plausibility’ in ICJ decisions: . It mostly gets this right; the ICJ refers formally to plausibility of 'rights’ rather than ‘claims’. But there is some lingering confusion here. 1/8bbc.com/news/articles/…
The article discusses a debate within the UK about whether the ICJ's January order—in which the ICJ found the rights at issue to be plausible AND a real & imminent risk of irreparable prejudice to those rights—meant it was incorrect to refer to a ‘plausible risk of genocide’. 2/8
The article describes this as a debate about whether the ICJ ‘was convinced there was a risk of that happening’. But is THAT really what the debate was about? The January order made it very clear that the ICJ saw a real risk of Genocide Convention violations *going forward*. 3/8
Read 8 tweets
May 10
South Africa returns to the #ICJ once again seeking urgent provisional measures against #Israel. The request asks the ICJ to order Israel to immediately withdraw and cease the offensive in Rafah and relinquish control of the Rafah & Kerem Shalom crossings to allow in aid. 1/14
Very strong language: SA describes the #Rafah assault as ‘killing the Palestinian people of Gaza, while Israel is simultaneously starving them, and deliberately denying them humanitarian aid and the basic necessities of life’ (¶19). 2/14
The focus of the request is on how new facts (namely the Rafah assault & shutting down humanitarian aid entry points) amounts to a new urgent risk of irreparable prejudice harm to the rights at issue in the case. 3/14
Read 14 tweets
Apr 26
Re Judge Donoghue's @BBCHARDtalk interview: I realize this won't satisfy many people, but there is a difference between saying (1) that the ICJ did not decide that claims of genocide are plausible (what she said) and (2) that the Court decided that such claims are NOT plausible.
The ICJ did NOT reject South Africa's genocide claims or declare than implausible (this is consistent with Judge Donoghue's remarks). One could instead think about this (i.e., plausibility of the *claim*) as a question the Court did not need to decide in granting interim relief.
What gets lost is that the ICJ found a real & imminent risk of irreparable prejudice to the plausible rights of Palestinians in Gaza. This is forward looking. This can be reasonably construed as a finding that S. Africa established a plausible risk of genocide *going forward*.
Read 5 tweets
Apr 9
Having now had the chance to read the Day 2 transcript in #Nicaragua v #Germany, I think Nicaragua may come up empty at the #ICJ. Not because the law means that Nicaragua’s claims are fundamentally flawed or inadmissible, but because the facts, it appears, are on Germany’s side.
Germany’s argument on prima facie jurisdiction (plus Monetary Gold) was not wholly convincing. The key difference b/w claims based on existence of a serious risk of IHL violations/genocide versus claims requiring prior establishment of violations was too easily brushed aside.
That said, I would not discount Germany’s arguments about Nicaragua’s alleged failure to have established the existence of a dispute prior to bringing the case. This case may (unhelpfully?) demonstrate why the dispute requirement (which I strongly dislike) has some merit.
Read 7 tweets
Mar 28
In response to #SouthAfrica’s request of 6 March 2024 & the deteriorating situation in #Gaza, the #ICJ has modified the provisional measures that it indicated against #Israel on 26 January. Here are some key points and observations on the decision and the separate opinions.🧵1/20
What has the ICJ ordered Israel to do? By unanimous vote, the Court directed Israel to take all necessary and effective measures to ensure unhindered provision at scale of urgently needed aid and basic services, including by increasing the number of land crossing points. 2/20
By 15-1, the Court ordered Israel to ensure that its military does not commit acts which violate the rights of Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing delivery of humanitarian aid. 3/20
Read 20 tweets
Jan 26
The #ICJ will issue its decision on #SouthAfrica’s request for provisional measures against #Israel starting at 1 pm today in The Hague. If you are watching the live feed at UN Web TV (), here are some key points to look out for. 🧵tinyurl.com/5n6m94px
Preliminary point: The ICJ will not make any determination today about whether Israel’s actions in #Gaza amount to genocide. This is a question for the merits phase. This decision is about protecting the rights at issue while the case is pending.
First, has SA met the threshold test for the ICJ to issue provisional measures (PMs)? Points of interest: 1. Has South Africa established that a bilateral dispute about the Genocide Convention existed between it and Israel prior to filing the case? This goes to jurisdiction.
Read 11 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(