International responsibility for violation of the due diligence obligation to prevent the spread of Coronavirus

Abstract EN

In response to serious consequences resulting from the new type of the coronavirus or COVID-19 disease (the coronavirus), several states have sought to find out the source of the virus and whether there was any state that facilitated intentionally or accidentally the spread of the virus.

In this case, the issue of international responsibility might be invoked against this state.

this article seeks to answer this question: to what extent can a state be held responsible under international law for the spread of the coronavirus? in order to answer this question, this article will examine the legal framework of the due diligence obligation to prevent the spread of the coronavirus and the hypothesis of violation of this obligation in light of rules of state responsibility.

in this article, the researcher argues that determining the responsibility of one state for violating its due diligence obligation to prevent the spread of coronavirus is a challenging process, because of the nature of due diligence obligations generally, as well as the force majeure as one of the grounds precluding state responsibility.