Is it a crime against humanity to ignore Covid-19? Brazil wants to know in a Bolsonaro survey.

Brazil has the second highest official Covid-19 death toll in the world after the United States, killing more than 600,000 people. Manaus, the capital of the State of Amazonas, had its first deadly wave. I saw a mass grave, And it’s a dangerous second Lack of oxygen.. Throughout all that, Brazilian President Jail Bolsonaro downplayed what he once called a “small flu.” Rejected public health measuresPromoted unproven treatments such as, and Hydroxychloroquine While undermining the proven approach Like a vaccine..

Currently, some Brazilian lawmakers Make Bolsonaro and his associates accountable.Senate committee will vote on Tuesday Report over 1,000 pages It outlines the outbreak of Covid-19 by the government and the mishandling of vaccination campaigns.Result of Inquiries over several months According to a parliamentary committee, the report recommends Bolsonaro’s accusations of falsification of documents, misuse of public funds, and charlatanism.

And one particular claim stands out.Crimes against humanity.. “

“The crimes against humanity were” pandemic-affected by the entire population with the intention of reaching herd immunity through transmission and saving the economy, “the report said.The report specifically links these “crimes against humanity” to indigenous peoples, and the virus “Allies” of the Bolsonaro government of Its anti-indigenous policy..

The Commission initially recommended that Bolsonaro face mass murder and genocide charges against Covid-19 victims against indigenous peoples. However, those recommendations have been removed from the final version After some senators said their claims were overkill According to the New York Times..

Crimes against humanity charges blame leaders for real misconduct and negligence during public health emergencies such as the Covid-19 pandemic that is still unfolding beyond Bolsonaro and Brazil. Raise questions about how. And does cheating raise the world to a terrible level associated with normal war and oppression? At least is it possible?

This question has rarely been tested, especially in the International Criminal Court, where the Senate Committee meets. May be referenced Crimes against humanity if the senator agrees to it in the final vote. (The legislator is likely to refer other claims to the prosecutor’s chief, but he is an ally of Bolsonaro and is unlikely to pursue criminal accusations against either the president or his associates.) The ICC based in The Hague is sometimes called. “”Court of last resort,Intervene if the nation itself cannot or does not prosecute war crimes, genocide, or crimes against humanity.

It seems unlikely According to many experts, Bolsonaro’s Covid-19 serious mismanagement will be taken up in court, but deliberate mishandling of the disease may fit into the definition of “crimes against humanity.”

If this case is referred to the ICC, it may be the first test of whether leaders can face the criminal consequences of their public health disasters.

Should leaders be held liable for Covid-19 misconduct?

The ICC could theoretically file a proceeding against Bolsonaro. Brazil is a party to Roman law, a treaty that came into force in 2002. In short, the ICC has jurisdiction over crimes against humanity in Brazil, said David Bosco, an associate professor of international studies at Indiana University. ICC. (Not all countries, including the United States, were signatories and were afraid that US troops could be prosecuted for actions abroad. Even the Trump administration. Authorized some top ICC staff.. )

But even if the Senate follows through, that’s the only referral to the ICC prosecutor. Ultimately, it is up to the ICC to pick up, investigate, and pursue the case. Cases are usually referred to by the state itself (or the UN Security Council), but it seems unlikely that the Bolsonaro government will refer to itself. The ICC can initiate its own investigation, but is not obliged to seek referrals from external groups or lawmakers. The ICC has 15 ongoing investigations and 12 preliminary investigations. According to the ICC website, Currently not in Brazil.

The claims against Bolsonaro are as annoying as they are in this big report, but they are not perfect for crimes against humanity.

It’s worth starting with what the law says. Roman law states that crimes against humanity exist “when committed as part of a widespread or systematic attack directed at any civilian with knowledge of the attack.” It is a similar, widespread or systematic murder, enforced disappearance, or, as stated in the last clause, “intentionally causing great distress or serious injury to physical or mental or physical health. It could be “another inhumane act of personality.”

David Scheffer, a senior researcher on the Council on Foreign Relations and a former US ambassador on war crimes who helped lead the US delegation at the ICC talks 20 years ago, said the nature of the last catchall was intentional. Said that. “It’s clear that other types of assaults against your civilians will emerge in the future, and you must provide it by law,” he said. “It’s hard to think of a better example than a deliberate mismanagement of a Covid-19 pandemic or other pathogen, so yes, I argue that it’s a fair game.”

The ICC’s investigations and prosecutions include some of the most brutal crimes, so the standards are very high. To prove crimes against humanity, prosecutors need to prove their knowledge and intent.

“Illness can be a weapon, so we can certainly imagine it constitutes a crime against humanity,” Bosco said. “But negligence and disinformation, it would be a more difficult fit.”

Particular attention should be paid to still evolving events such as the Covid-19 pandemic. Science is changing and changing. The origin of the disease, the various possible treatments, and wearing all of its masks — expert opinion has changed throughout the pandemic. A strong pandemic response also requires resources that leaders may not have, and not all countries have access to life-saving medical interventions such as vaccines.

As experts have pointed out, demonstrating knowledge and intent is a very high standard, which ultimately requires ICC prosecutors to investigate and prove in any case, including crimes against humanity. .. In an evolving pandemic, trying to analyze it with a new pathogen is an extraordinary task. But, as Scheffer said, as scientific consensus coalesces, civil servants “need to be fully responsible for following procedures and policies that can defeat and overcome public health threats to their population. I have”.

The expert I spoke to said that there was really no clear precedent for crimes against humanity in public health. The closest example, Like the destruction of the water system in Darfur, Sudan came in the context of a larger conflict. Covid-19 has killed nearly 5 million people worldwide, and failure in leadership around the world could have exacerbated victims. Other leaders have made mistakes or denied the seriousness of the pandemic at some point, which could have contributed to the Covid-19 epidemic from India. Narendra Modi To England Boris Johnson NS Donald Trump of America..

However, the intentional intent that allows the spread of the disease must be carefully and accurately separated from what was done incorrectly or improperly. The ICC is very difficult and has been investigating for many years, so it is unlikely that such an incident will occur. Rebecca Hamilton, an associate professor at American University Washington College of Law, said:

Bolsonaro has already faced referrals to the ICC, most of them from indigenous peoples and environmental groups. A few weeks ago, a group called Bolsonaro “crimes against humanity.”Extensive attacks on AmazonIts dependents and their advocates are causing persecution, murder and inhumane suffering not only in this region but also in the world’s population. ”

Another ICC referral could certainly raise the profile of those other cases, especially since the Senate report focuses a lot. About Covid-19 Fallout in Indigenous Communities, Shepher said that all cases may look much stronger together. “ICC currently has thick files in Brazil. It’s a very thick file,” he said.

And it is still noteworthy that Brazilian lawmakers claim that Bolsonaro not only failed in the pandemic, but that some of his actions constitute crimes against humanity. This is an attempt to make Bolsonaro accountable and to secure guardrails in case of the next pandemic or public health crisis.When a leader faces the threat of criminal charge They may not pursue those policies at all in order to put their population at serious risk.