China needs to be held accountable for Covid-19’s destruction
Had China been forthcoming and transparent about the scope and spread of Covid-19, tens of thousands of lives could have been saved, as the US and other countries would have been able to act on information about the virus sooner and may well have taken valuable precautionary steps or implemented policies to stop Covid-19 from spreading and causing so much death. This much seems clear, though we’re still trying to figure out what Chinese officials knew and when they knew it — and how much blame lies with officials in China’s central government or with local and provincial authorities.
The US has already spent trillions of dollars in an attempt to head off a total economic collapse, and it will take years before the final bill is totaled. If the global catastrophe of Covid-19 was abetted by intentional wrongdoing or reckless indifference on the part of the Chinese government and its senior officials, it should not be left to American corporations, business owners and taxpayers to bear the brunt of the resulting harm.
China must be held accountable. There are options that policymakers, the business community, and the American people should consider, and all reasonable measures should be on the table.
China has a long history of harmful actions toward the US, and it’s important to remember that China often does not act in America’s best interests.
All of this happened before “Covid-19” ever became part of our daily lexicon.
Several members of Congress have introduced or are working on legislation that would eliminate China’s sovereign immunity — the immunity afforded to nation-states from prosecution in other countries’ courts — for potential wrongdoing leading to the spread of Covid-19, and these proposals warrant serious bipartisan consideration. Congress should consider expanding these measures to deal not only with possible Chinese abetting of the coronavirus crisis, but to hold China accountable for its state-sponsored cybercrimes as well.
Members of both the Senate and House have introduced legislation to strip China and other foreign governments of immunity if they intentionally misled other countries about Covid-19.
Several of these bills are modeled after the Justice Against Sponsors of Terrorism Act. We advocated for JASTA on behalf of the 9/11 community to ensure that families and victims would have full access to US courts to pursue claims against the Kingdom of Saudi Arabia. JASTA has allowed the lawsuits against Saudi Arabia to proceed to discovery, and the 9/11 families, along with the American public, are now much closer to learning the facts about the Saudi government’s alleged involvement in the attacks. Meanwhile, alarmist warnings that JASTA would expose the US to “reciprocal” claims abroad, which ignored JASTA’s narrow framing and dishonestly analogized our legitimate activities with intentional and illegal wrongdoing, have proven totally unfounded. No such risk has materialized.
The creation of a similar exception to sovereign immunity for China, based on its role in the coronavirus crisis, warrants serious and careful consideration. This should be a bipartisan pursuit.
Compensation for harm to US interests for any Chinese wrongdoing surrounding Covid-19 must be included in the portfolio of issues being discussed as part of diplomatic engagements between the US and China moving forward. And there’s another option: The president, under the doctrine of espousal, has the authority to formally present a claim on behalf of injured US citizens to a foreign government for reparations. Throughout its history, the US used this power to secure compensation on behalf of Americans for a wide range of foreign government wrongdoing — piracy of US ships, world wars, terrorism. But unfortunately, today, foreign governments have learned that they are unlikely to be held accountable by the US.
Hopefully, as we assess how to investigate what China did and didn’t do as Covid-19 began to spread, and hold its government accountable for any willful decisions or gross negligence that caused harm to the rest of the world, we will keep in mind that if China took shortcuts at home, those decisions had consequences for the rest of the world.