Public Health Crisis Management and Criminal Liability of Governments : A Comparative Study of the COVID-19 Pandemic

Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is not outlandish to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, in as timely a manner as possible, and in accordance with expert advice. This study addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. Preface Table of Contents List of Contributors Abbreviations 1. Introduction 2. The Emergence and Global Spread of SARS-CoV-2, and Clinical and Virological Features I. Timeline of the COVID-19 Pandemic II. Virology III. Clinical Features and Testing IV. Non-pharmaceutical Interventions (NPIs) to Limit the Spread of SAR-CoV-2 V. Successful Early Responses to the SARS-CoV-2 Pandemic VI. Immunisation and 'Herd Immunity' VII. Conclusion 3. Brazil I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 4. England I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 5. France I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 6. Germany I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 7. India I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 8. Indonesia I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 9. Iran I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 10. People's Republic of China I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 11. South Africa I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 12. Spain I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 13. Sweden I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 14. Turkey I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 15. United States of America I. Background and Contextual Introduction II. Constitutional, Legal and Policy Overview III. Causation IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences V. Defences, Justifications and Excuses VI. Corporate Criminal Liability VII. Forms of Participation VIII. Attempt IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice 16. COVID-19 and Crimes against Humanity I. Problem Statement II. The Normative Context III. The Structure of Crimes Against Humanity Index "This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice"-- Provided by publisher