The world watched in horror when Israeli forces attacked Al-Shifa hospital in Gaza, another atrocity committed by a barbaric icon terrified patients at the hospital, endangering the lives of people, including thousands of civilians sheltering there. Similarly, in the history of mankind, 2020 will be remembered as the year of the COVID-19 pandemic, an ordeal that the whole of humanity experienced. A long-drawn battle against the pandemic continues. Many have lost their lives while others have recovered after a long illness. All countries have suffered due to prolonged lockdowns. Almost every country’s economy has been shattered, and the disease has impacted every segment of society. Though we can find similar circumstances in history, this health crisis is global and its exponential spread is extraordinary. The rising number of Covid-19 cases across the world is creating a sense of panic among the masses. The second wave of the pandemic has arrived; thus, observance of SOPs and continuous vigilance is the need of the hour. It is said that every challenge bears the seeds of opportunity, and so the pandemic also bears the seeds of opportunity in disguise. The Holy Quran mentions that “Verily, with the hardship, there is relief.” Similarly, let us see what kind of opportunities it presents. Firstly, it gives us a chance to review and reset our lifestyles. There is a solid connection between our health and lifestyle. Therefore, the subject of maintaining, protecting, and strengthening physical, mental, and emotional health and wellness has acquired more importance during this pandemic, and people have become very health conscious. In the future, governments at both national and local levels have to earmark sufficient resources in the health sector, especially in educating the masses on how to maintain their health. Environmental law and the control of toxic pollutants, arms control and the banning of weapons of mass destruction, human rights law, nuclear safety and radiation protection, international drug control, customs law, and occupational health and safety are increasingly recognized as inextricably connected to public health.
Internationally, both the UN’s relief chief Martin Griffiths and head of the World Health Organisation, Tedros Adhanom Ghebreyesus, said, “Hospitals are not battlegrounds”, and that “protection of newborns, patients, medical staff, and all civilians must override all other concerns”. As global criticism mounted, the White House denied it gave Israel a green light for the military raid. Similarly, global health security gained policy salience after the Ebola outbreak. It led to the adoption of the Global Health Security Agenda (GHSA) in 2014, with the initial involvement of 40 countries. With more than 70 countries now signing up for the GHSA 2024, it is expanding its footprint and reach to the rest of the globe. The key elements of the GHSA involve developing sustainable financing mechanisms, promoting multisector collaboration, improving information sharing across countries, and strengthening the accountability of member states to their country commitments. Disease outbreaks and other acute public health risks are often unpredictable and require a range of responses. The International Health Regulations 2005 (IHR) provides an overarching legal framework that defines countries have individual rights and obligations in handling public health events and emergencies that have the potential to cross borders.
The IHR is an instrument of international law that is legally binding on 196 countries, including the 194 WHO member states. The IHR grew out of the response to deadly epidemics that once overran Europe. They create rights and obligations for countries, including the requirement to report public health events. The regulations also outline the criteria to determine whether or not a particular event constitutes a “public health emergency of international concern”. At the same time, the IHR requires countries to designate a National IHR Focal Point for communications with WHO, to establish and maintain core capacities for surveillance and response, including at designated points of entry. Additional provisions address the areas of international travel and transport such as the health documents required for international traffic.
The role of two international organizations, the World Health Organization (WHO) and the World Trade Organization (WTO), in the contemporary development of international law is considered in connection with examples of lawmaking with important public health and public health policy implications. Globalization has increased the need for new, formalized frameworks for international cooperation, including international law, to address emerging global health threats. For example, the dynamics of globalization have created fertile global breeding conditions for the cross-border spread of emerging threats to health, such as weapons of mass destruction, including bioterrorism; emerging and reemerging infectious diseases; and the vectors of non-communicable diseases including tobacco, alcohol, and obesity. The implementation of international law overcome the surrounding issues.
