GOP lawmakers ask US Gov to bring case against China to the #ICJ over #COVID19 damages - many things to unpack… /n

https://www.foxnews.com/politics/gop-lawmakers-ask-barr-pompeo-to-bring-case-against-china-to-the-international-court-of-justice

#InternationalLaw #DisputeSettlement

We don’t have the full letter, but there seems to be a recognition that jurisdiction would be based on forum prorogatum (“If China fails to submit itself to a fair trial in the ICJ…”). But maybe I’m giving it too much credit…

As discussed in @ejiltalk, there are potentially other ways to find a jurisdiction basis in the WHO Constitution, but it would be a difficult stretch: https://www.ejiltalk.org/taking-china-to-the-international-court-of-justice-over-covid-19/

Perhaps more interesting is to see the letter hinting at the language of countermeasures: “states could suspend their obligations to China as means to induce Beijing to fulfill its responsibility”

But then again the letter is very confusing in its invocation of arts 49-51 UN Charter…does it assume prior SC resolution, does it purport to invoke self-defense? It would have been better to stay on the general issue of countermeasures…

Also worth noting that the #ICJ scenario seems highly improbable in light of US Gov's total disdain for any form of adjudicative form of dispute settlement, including recent non-appearance at the #ICJ /end