Page - 540 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE540 Claim 4: WHO Failed to Inform Other Parties to the IHR (2005) Article 11 – Provision of Information by WHO Subject to Paragraph 2… WHO shall send to States Parties … as soon as possible and by the most efficient means available, in confidence, such public health information which it has received … which is nec- essary to enable States Parties to respond to a public health risk… 2. WHO shall use information received … for verification, assess- ment and assistance purposes under these Regulations and, unless otherwise agreed with the States Parties referred to in those provisions, shall not make this information generally avail- able to other States Parties, until such time as: (a) the event is determined to constitute a public health emer- gency …; or (b) information evidencing the international spread of the infection or contamination has been confirmed …; or (c) there is evidence that: (i) control measures against the international spread are unlikely to succeed …; or (d) the nature and scope of the international movement of travellers … that may be affected by the infection … requires the immediate application of international control measures. 3. WHO shall consult with the State Party in whose territory the event is occurring as to its intent to make information available under this Article… WHO declared a public health emergency of international concern (PHEIC) on January 30, 2020. The criteria for doing so under the IHR (2005) are vague. Based on the existing record, there is little evidence than any party had effectively assessed the controllability of SARS- CoV-2. The legal question, then, is whether WHO had an obligation to alert State Parties earlier than it did. Claim 5: Temporary and Standing Measures Recommended by the WHO Director-General Did Not Comply with the Criteria Set Forth in the IHR (2005) Article 17 – Criteria for Recommendations When issuing … recommendations, the Director-General shall consider: