Bio-Warfare Weapon: Corona Virus [COVID-19] - Has China violated International Law ??

Himanshu Raj, Advocate
EMAIL : LawOfficeOfHimanshuRaj@Gmail.Com

Date : 27/03/2020

Bio-Warfare Weapon: Corona Virus [COVID-19] - Has China violated International Law ??

We are not the only species surviving over the planet. There are thousands of micro species too, those could not be seen by human eyes but they do play a major role in tuning the life of other species, like us into advancements and even can subject us to immense danger. Bacteria's, viruses, fungi's and many more other microorganisms do exist, those though very small in size but are efficient enough to lead other organisms to a biological menace or intimidation. With the advancement of technology there emerged a new branch of studies and research in sciences i.e. Micro-biology. Louis Pasteur, the father of microbiology began working on yeast by 1855. That was the instance when these micro-organisms were used for the prosperity and as an asset for the humans. But with time the intent and adage behind the usage of such organisms, turned from gaining prosperity to losing humanity and installation of dread. Furthermore the use of these pathogens and viruses began in wars, so as to inflict maximum hardships and impairment to the adversaries of theirs. Earlier, there only the Chemical warfare's and Nuclear warfare's were recognized but by the time when the use of biological entities begun in the same regard, there got coined a new term at international platform i.e. Biological Warfare.

What Is Biological Warfare?

There is a distinction of miles among Chemical or Nuclear Warfare and the Biological Warfare. Still these all warfare's are equivalently destructive to human race and other living entities too. After the era of utilizing these micro-organisms for beneficiary concerns, there began the use of such microorganisms for destruction and for making bio-warfare weapons. The scientists in order to come-up with new inventions in the field of microbiology, instead begun with the discovery of more hazardous and menace ensuing micro-entities. Bio-warfare is also recognized as "Germ Warfare". Thus Bio-warfare refers to the use of biological toxins or agents, for the killing of humans/ animals, in order to inflict maximum damages to the rivals. Moreover in order to curb any such Bio-warfare in near future, it is generally being considered/ recognized as an "Act of War". Use of any offensive bio-weapon is prohibited under the following laws and treaties:

1) Rule 75, Customary International Humanitarian Law

2) Also by an international treaty i.e. Customary Internal humanitarian law, vol. II.

Above-all the use of any bio-logical weapon especially in case of armed conflict is to be considered as a "War Crime". If any nation uses bio-weapon in case of an armed conflict, in order to inflict maximum menace and threat among the rivals, that nation is considered to have committed "War Crime". Also that particular nation is to be held as being in contravention of international laws. With the growth of terrorist groups the threat of use of biological weapons for the means of ensuing terror and menace among mob also arose.

Bio-Warfare Weapons as a Means of Terror

In juxtaposition to Chemical and the Nuclear weapons the Biological weapons are highly immune when concern is of them being detected. The Nuclear weapons could be detected by the radiations of the radioactive material therein used and by such a similar manner the Chemical weapons could also be detected. But the Biological weapons are having a strong shield of immunity that safeguards them from being detected, as both the chemical and nuclear matter used in respective weapons could be seen by naked human eyes, but these micro-organisms and their mutated forms could not be seen and sensed even. Moreover these weapons are economical and easy to access too. The biological weapons are highly cheap as it is of about 0.06%-0.07% of the total cost that's being used for conventional weapons, thus it gets clearly explicated that these biological weapons are highly accessible to the terrorists too. Moreover generating a virus is the very same process which we accord to in making of vaccines and it's very easy to generate a new virus by successive lab tests. Also there is a technique in prevalence that's being used by the scientists of this age in order to deal with such micro-entities i.e. "Clustered, Regularly interspaced Short Palindromic Repeat" (CRISPR). Even scientists have explicated it as to be threat for the humanity as, this technique is very cheap and is easily accessible too. Here in this technique basically a DNA sequence is cut-off and replaced with a new sequence, that codes for particular characteristics. Thus this also leads to emergence of immense terror threat.

Historical Foot Prints of Bio-Warfare

First time the use of Chemical Weapons (in large scale) and Biological Weapons (in short scale) got registered in at the time of World War I [1914-1918]. There occurred massive destruction to both nature and lives due to such a cruel deed of utilizing chemical and biological weapons in the armed conflict. Later on by 1925 there emerged a dire need to lay down some regulations and protocols in order to curb the use of both Chemical and Biological weapons. Thus in 1925 itself Geneva Protocols were laid down and thereby prohibited the use of any Chemical or Bio-logical weapon. But it didn't put bar on the research and production of these agents too, which restricted the use of these weapons but countries kept on researching and producing these weapons. Between 1930's and 1940's Japan was indulged in the experiments of its bio-logical weapons. It kept on producing bio-weapons and tested them once the production got completed, thereby used one of its Biological Weapon over China. Furthermore got entrenched The Biological Weapons Convention by 1972 that prohibited the use, research, development and production of Biological Weapons. Still after establishing several conventions there took place outbreak of biological weapon agents numerous times, off which the most cataclysmic was the outbreak of "Anthrax" a biological weapon agent in Soviet Union. Till date Anthrax is the most deadly and pernicious biological agent used for the purpose of biological weapon. Recently there has come-up a virus before the whole of the world, as a challenge to humanity, nature and lives. The virus is being titled as "Novel Corona Virus" or "COVID-19". This virus has spread its arms all over the world and has taken numerous peoples in it infectious ambit. The outbreak of this virus begun from Wuhan, place in China. The World Health Organization has even declared this as a Pandemic, moreover due to this the world economy has shown a prodigious debacle, and is at its least figure of the last three years. Now the issue of concern is whether the outbreak of COVID-19 can't be due to a mishap while working over secret biological weapon project by China.

Is COVID-19 a Bio-Weapon?

There have emerged various theories regarding the COVID-19 including the statements of biological warfare analysts and some literary sketches also. Some of these consider it to be fictional occurrence that was predicted earlier itself by the literary authors, whereas some consider it to be an occurrence akin to the secret biological weapon project of China. Herein would be discussing some of the major theories as follows;

1) Wuhan Institute of Virology:

China has several biological labs and research centers of its, but at the same time has some secret labs too those work upon the development of biological weapons. In regard to same an Israeli biological Warfare analyst, has claimed that animal borne Corona Virus may have its origination from the Chinese labs, also made a statement that the Corona virus could be a result of China's Covert Biological Weapons Program. Danny Shoham a former Israeli Military Intelligence officer has studied the Chinese Biological Warfare and thereby reported to The Washington Times that

"Certain Laboratories in the institute have probably been engaged, in terms of research and development, in Chinese (Biological Weapon), at least collaterally, yet not as a principle facility of the Chinese Bio-Warfare alignment."

Thus there are for sure chances of it being a result of mishap at the Wuhan Institute of Virology, while working over a biological warfare project.

2) Literary records:

There has been a literary paragraph that has been trolling down the pages of every social media handle. It is a literary text written in the same concern that also discussed regarding the very same plot through which we are going.

The literary text is nothing but a narration of one mother that how his son who went for studying to Wuhan, got affected by a highly infectious virus i.e. Wuhan-400. It was also predicted in this literary text that this would be the most infectious viruses of all those came into scenario till now. Thus this literary context also shows resemblance with the current scenario, but obviously can't aid is as to how and due to which reason the outbreak of COVID-19 has occurred.

3) Claims of American President, Sir Donald Trump and Mike Pompeo:

When the outbreak of COVID-19 was just on its emergence the US President Sir. Donald Trump claimed that it's a result of mishap at the biological warfare project of China, especially from its Institute of Virology in Wuhan. Sir. Donald Trump and Pampoe explicated that China has been secretly engaged in the Bio-Warfare projects, and the outbreak of COVID-19 could be the biological agent of it bio-weapon.

4) Carnage of Chinese economic espionage:

Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principle federal; law enforcement agency. Recently FBI has arrested a professor of Harvard University, US for him being lying on his participation in Chinese research program, a Chinese national working as scientific-researcher at Boston University for failing to be under J1 visa application and having connected with people's liberation army and one more Chinese national who used to smuggle files of biological materials from US to China. The Federal Bureau of Investigation (FBI) contends the following in regard to arrest of everyone above, as follows:

(a) Charles, Professor Harvard University, US - FBI arrested Charles for making false statements in regard to his involvement in China's plan and affiliation to Wuhan's University of Technology. By investigation FBI found that Charles signed a contract with Chinese university for aiding with his research experience in their research program. For this Charles got paid $50,000/month and $10,050 as living expenses. Moreover got an amount more than $1.5 million for setting up a research lab in Chinese school, especially to research on Nano-technology.

(b) Mr.Yeh, Chinese National, Scientific Researcher, Boston University, US - FBI took Yeh, a Chinese national under their suspects when recently he lied upon his J1 visa application and thereby making false statements to Custom services there. He was working as scientific researcher there in Boston University, US. FBI found him lying and not maintaining J1 visa, involved in conspiracies and as an unregistered agent of People's Republic of China. Yeh accessed military websites and numerous research documents, which were thereby sent by him to China.

(c) A Chinese National, working as researcher - He is a Chinese National sponsored by Harvard University, US and was involved in research activities. He used to smuggle files of biological material and other research materials stolen from labs of biological sciences. He before boarding to his flight was caught by Custom's Officers with 21 Biological Materials files, to which earlier he made statement that he had no biological file with him.

The research lab set-up, research contracts, smuggling of files of biological material from US to China and existence of an unregistered agent of People's Republic of China as a scientific researcher in Boston University of

US are not the matter of coincidence and it seems to be a well-planned long term campaign run by China, in order to affiliate all researchers and researches of US to itself and make its own gain realize. According to FBI Officials the major target of this campaign of China are the research universities and labs of US.

5) Speculations from Chinese Scientists:

The Chinese scientists believe that this virus i.e. COVID-19 could have evolved from the lab/ Facility not too far from the Wuhan's market. They too expressed that COVID-19 could have been originated from WHCDC or Wuhan Institute of Virology (i.e. 280 meters far from Wuhan's market). The Chinese scientists believe that this virus could have leaked at time when it was undergoing testing procedure. The Chinese scientists have also stated that COVID-19 outbreak could be the accidental result of biological weapons research. Above-all a renowned Chinese professor is missing after his condemning the President of China Xi Jinping, on his failure to control the spread of virus at early stage.

6) Suit filed at United States District Court, seeking relief of $20 trillion US dollar:

Dated 17th March, 2020 a suit has been filed by Lary Kalyman, a natural person and others, with People's Republic of China, People's Liberation Army and others as defendants. The crux of what the suit revolves around and what are the contentions made, is as follow:

(a) Factual matrix: China acceded, ratified and joined Biological weapons Conventions on 15th November, 1984, also did the same in case of "Geneva Weapons Convention, 17th June, 1925". COVID-19 was actually developed by China under its secret Bio-Weapon Program, for catastrophic and effective effects on its rival/ enemy countries. Many reputed peoples, organizations and experts have declared that COVID-19 is the result of an accident at Chinese Biological Weapons Facility. Dr. Li Wenaling of Wuhan violated the Chinese censorship and alarmed the outside world about the virus. Thereafter he was summoned, reprimanded and government there silenced him. Thereby on 6th February, 2020 not coincidently he died of the virus he was fighting against. Studies of Princenton University stated that COVID-19 stays alive in air for 3 hours and on inanimate substance for about 3 days.

(b) Cause of Action: The causes behind this action are enlisted in crux as follows:-

  • China's Aiding, Abetting, Conspiring to help commission of acts of international terrorism.

  • All the defendants acted severally and as joint tortfeasors in providing material support to bring in effect this international terror, thereby subjected plaintiffs to imminent threat and danger.

  • Violated Laws of Nations, International Laws, Treaties and Norms, apart from Biological Weapons Conventions and Geneva Weapons Convention.

  • As China (Public's Republican of China) agreed internationally not to indulge in such deeds and to outlaw such weapons, but such a deed of theirs was planned to harm the citizens of its perceived enemies.

  • Once they indulged in such a bio-weapon program, they were to take due care and diligence, but they failed to keep so and thus subjected the plaintiffs to imminent threat and loss.

  • Every defendant is severally and is joint tortfeasor and they are responsible for death of at least 41 US citizens.

  • Subjected plaintiffs to assault by inflicting imminent threat upon them (as by the study reports of Princenton University) and to Battery also by causing harm/ death of US citizens.

    (c) Reliefs Claimed: The following are the reliefs claimed by the plaintiffs;

  • A Jury Trial, and;

  • Award of attorney's fees, cost and an award of $20 trillion US Dollar.

    This was all about the suit initiated at United States District Court. There are for sure some high chances that as and when the trial begins or proceeds further some new knots or un-resolved degrees over this issue would get sorted.

    These were some classified theories running around the outbreak of COVID-19. But there has come up no certain evidence or proof that establishes China's Bio-logical Warfare intents behind the same. Rather after this an inclusion could be made to the international laws that there should be established ban on virological research's and development of bio-warfare weapons on secret terms also. For this a committee could be set-up that could be given discrete jurisdiction to seizure and search of any lab or biological institutes in case have a black and white proof of development of Biological warfare weapon. The mystery of actual culprit behind such an outbreak and the theories behind it would also get sorted with advent of time, but the major concern of now should be to develop vaccine of this virus as early as possible. The whole of the international network and linkage has broken, and the economy of International markets is at its lowest figures of the last three years. Strict initiatives should be taken by authorities of every country to prevent the spread of the virus ahead. Economy does matter only when the economy raisers are safe and sound.

    Himanshu Raj, Advocate
    (Author is a lawyer in Punjab and Haryana High Court & has also been awarded "National Law Day Award by The President of India")
    The President of India")
    Ligamine, Solicitors & Consultants (A Unit of Law Office of Himanshu Raj)
    Advocates & Legal Consultants

    Mobile :- +91-99882-00001, +91-86220-00001
    EMAIL : LawOfficeOfHimanshuRaj@Gmail.Com

    © Chawla Publications (P) Ltd.