(Copy of my letter to the Hon’ble Prime Minister of India, urging the United Nations to set up a Fact-finding/ Inquiry commission to determine the proximate cause of COVID-19)
The Honorable Prime Minister,
The Republic of India,
1. I’m submitting this letter to your good self with utmost reverence on behalf of the 7.8 billion world population and I would like to extend my gratitude in the fight against COVID-19. As a law-abiding citizen of the Republic of India, I am deeply distressed by the ongoing public health crisis and the increasing death toll across the globe. I further, humbly submit to your administrative dexterity in handling the emergency situation and we shall extend our sincere co-operation to you in the fight against COVID-19.
2. During this sincere fight in mitigating COVID-19, I’m sure everyone across the globe is skeptical about deciding the cause of the pandemic. The onus on a state cannot be limited to mitigating the crises but also to determine the cause of the pandemic in the interest of justice and good faith.
3. The Republic of India over the years has left a deep imprint on the dynamic world order. No duty-bound citizen can tolerate any economic turbulence caused due to this ongoing pandemic. Thus, before claiming reparations for the injuries caused in appropriate forums, we are duty-bound to ensure if the People’s Republic of China can be made attributable for the breach of international obligations and entailing international responsibility for the conduct of their State (whether done intentionally or otherwise).
4. In the aforementioned regard, it is an undisputed fact that The People’s Republic of China is a focal point of the COVID-19 pandemic. Hence, bearing in mind United Nations General Assembly Resolution A/RES/46/59- Declaration on Fact-finding by the United Nations in the Field of Maintenance of International Peace and Security. United Nations can extend its powers to ascertain facts with regard to the ongoing crisis by setting up a fact-finding commission and wide open a forum for adjudication based on the findings of the commission report.
5. Therefore, in good faith, I request concerned Ministries to urge United Nations to set up a fact-finding commission and a commission for investigation as enshrined under Article 34 of the United Nations Charter R/w functions and powers of the United Nations envisaged under Article 24 of the United Nations Charter.
6. The people’s Republic of China, one among 5 Permanent Nations of Security council, shall ipso facto exercise the power of Veto as enshrined under Article 27(3) of the UNCharter. However, we can urge for setting up a commission for investigation/Fact-finding by relying upon United Nations General Assembly Resolution 377 (V) A (1950) Uniting for peace to maintain international peace and harmony in compliance with Chapter VII of the UN charter.
7. The UNGA 377 (V) A 1950 resolution opens a flexible window to bypass the requirement of concurrent votes in the security council and take collective measures for prevention of threat to international peace by securing two-third majority votes among United Nations General assembly member States. The resolution in a strict sense reaffirms the primary duty of the Security Council to act in compliance with Chapter VII of the United Nations Charter in conformity with International Law.
8. Based on the aforementioned submissions, with my limited capabilities, I extend my sincere request to urge the United Nations Organisation to set up a fact-finding commission and a commission of inquiry to estimate the proximate cause of the outbreak that has led to loss of lives and complete shattering of the global economy.