Commentary / Coronavirus

China Must be Held Accountable – Now


How does the world hold China accountable?  That question might be asked about China’s international law violations, human rights abuses, space and maritime aggression, oppression of Hong Kong and Taiwan, which lies on the big stage.  Right now, it is being asked – by a growing chorus – about COVID-19.

After 17 months of denying China’s Wuhan virology lab enhanced (via “gain-of-function” research), leaked, and denied originating what killed 3.54 million people, sickened 170 million, caused tens of trillions in damages across 222 countries, experts are coming to one conclusion: “Overwhelming circumstantial evidence” points to China.  The question is – what is to be done?

Answers are several.  One stands out.  For starters, China’s denials of wrongdoing are hollow.  So real is evidence – including military involvement – that the Biden Administration, after deferring investigation, reversed course and ordered an intelligence probe.  Congress is demanding declassification.

Next question:  How does the United States, or any country, hold Communist China accountable for a devastating pandemic blow to national economies as China roars?  What are 3.65 million lives worth?

The answers given by most international observers – from private litigators and State Attorneys General to members of Congress and former diplomats – are unsatisfying.  Use lawsuits or sanctions. 

Some say lawsuits for money damages – foreign sovereign immunity notwithstanding – are the right answer.  They argue that China’s actions are so egregious they warrant an exception (just like terrorism) to sovereign immunity, and China can be held liable.

Others say, while sovereign immunity bars lawsuits against China, the pandemic event calls for a legislative exception.  Much like terrorism, China should be made liable – by law – to pandemic suits.

Finally, those who think more in terms of government sanctions and tariffs suggest the right answer is US trade penalties against China, in effect tariffs to fund compensation. 

While these ideas are tenable, they have problems.  They contain a combination of workability issues, trade-offs, and unintended consequences.  For example, while state and private class actions are worth filing, the slope is steep.  Exceptions to sovereign immunity are hard to establish unless commercial terrorism or a tort started on US soil, even if China’s leak and cover-up are felt globally.

Likewise, a statutory push to lift foreign sovereign immunity, legislating an exception to the Foreign Sovereign Immunity Act, remains worth exploring – but steep slope.  Unintended consequences, including blow-back, are likely.   China could invent collateral suits, expropriate US property, abrogate longstanding obligations, and hit the US economy.  

Collecting on US judgments against an unwilling, obstinate communist country would be complex, fraught with extended costs, contested, probably unsuccessful.  Similarly unsuccessful would be attempted litigation before international tribunals, as China has not consented.

Unilateral sanctions, an idea with appeal – founders on reality.   The US purchases 4.5 times as much from China as we sell to them. China holds a considerable US debt, leverage.  China has rare earths.

So, where does that leave us?  We have an international offense of enormous proportions committed by an indifferent, immoral, untruthful, economically powerful, communist state.  We have 122 countries suffering profound health and economic impact.  We have a Chinese economy rebounding, Communist Party gloating, lingering downstream effects of the pandemic. 

Nor is this a first.  This is the third major disease to escape China, a country notoriously poor with research precautions, opaque when leaks occur.  Their practices are a palpable danger to the world.

The answer:  Blessings are sometimes well-disguised – this is one.  The time is right for an all-out US-led diplomatic push to call out Communist China, highlight cross-cutting immorality, endangerment of the global community, push maximum accountability – not to one country but to the world. 

This is a moment for unity, for collectively delegitimizing Chinese Communism at the source, for unifying the world in opposition to China’s human rights abuses.  Letting COVID-19 rip is one. 

The US should seize the moment, carpe diem.  Bipartisan leadership should highlight China’s systemic immorality, not here and there but everywhere – as Ronald Reagan did the Soviet Union’s immorality – on the world stage.  This is the moment to call a spade a spade, seek global buy-in for condemnation of China’s victimization of humanity, hundreds of millions of unwitting, innocent citizens in 122 nations.

In short, just as Winston Churchill and Ronald Reagan fingered Soviet Communism as illegitimate, dangerous, and unaccountable – urging free nations and their own people to see stakes, options, and consequences, this is a rare moment for world leaders, led by the United States, to unite in condemning Communist China’s victimization of the world. 

If this sounds too much to undertake, wrong time to hold China accountable for such egregious indifference to humanity, human rights, and civilized norms – when is the right time? Churchill and Reagan – before hailed as epic – were deemed far too worried about pre-war Germany and Cold War Soviet intentions.  They spoke truth – because it was the truth.  We should too.

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Bill on the Hill
1 year ago

The very 1st paragraph of this article speaks volumes & followed by the 2nd. Up until the NC Republican convention last Saturday I’ve heard very little discussion on what if any monetary accountability China should be held to with respect to the ” Gift Felt Round The World “, compliments of the Communist Party of China through their Institute of Virology lab in Wuhan, China…We now know about the ( 18 ) month lie by Dr. Fauci, i.e. Frankenstein concerning the US involvement in ” Gain of Function ” experiments in Wuhan China & the US funded grants through Dr. Fauci making it possible, those are the regrettable facts…
Trump came out, both barrels blazing on this & the only one in the room with a real set of balls.
I think a good starting point was the 100% tariffs on all things China was a good place to begin.
I also believe ( 10 ) trillion dollars to each nation is going to too easy on them, but then again I’m not an economist…It is important to realize, the current WOKE administration in DC will do NOTHING about the CCP of China situation because China owns Biden…I say nothing because it equates to the US Southern border as in NOTHING has been done other than leaving it WIDE OPEN whilst sleepy Joe vacations in Europe & Camel Toe laughs it off in Guatemala.
I personally believe all of the nations of earth indebted to China should cancel that debt.
The CCP of China is a nation that potentially could lash out in any number of ways & caution would be advised before any MOAB’s are considered to take out all of the virology labs as well as the illegally occupied islands that are now militarized with air strips with Taiwan at the doorstep…
I can’t put into words on how much I miss my president at this moment in US history as well as that of the world…
Bill on the Hill… :~)

Richard West
1 year ago

china needs us more than we need them. If we all stopped buying anything made in china what would that do to their cash cow? Our interest debt to them + principal is a result of a congress full of “useful idiots”. Elections coming up…if you care…

1 year ago
Reply to  Richard West

Couldn’t agree more. However, we American’s are spoiled and will find it too hard to accept life with less. China has the world in a very difficult place and too many people are unwilling to sacrifice their “lifestyle” to make China squirm. We have let China grow far too long. Now we are seeing the direct result of our desire for cheaper products. If you truly care about AMERICA’S future buy anything OTHER than Chinese made products.

1 year ago

Uh huh…..And you really think demented, patsy joe will do this? Or maybe America-hating barack the jihadi?
Get real!
Bar ALL trading with them. Write several trillion off their debt and tell them it’s a ‘fine’ for their egregious bio warfare.
Then, have Britain or some country with guts tell the Commies to stop their aggression! Or we blow them off the earth.

1 year ago
Reply to  Becky

May sound good, but remember, China OWNS much of the U.S.. And as far as going to war with China, we never want to get over confident. This could lead to OUR demise. Also, really, what other country has the fortitude to confront China much less go to war, not to mention our own administration.

T Lowe
1 year ago

China has now made a deal with Iran, the largest terrorist group in the world. They have paid them 400 billion Yuan to partner with them. The only stipulation is that Iran has to spend that money in China only. I can see China supplying them with WMD’s and anything else they want as long as they “play ball”. The only thing that is going to hurt China is to cut off all trade with them and kick them out of our countries. All of their assets should be confiscated, not allowing them to take anything out of any country. All of their assets would belong to the country in which they are held. CUT THEM OFF. Their Confusius Institutes in the US and elsewhere would be shut down. Treat them as if they are nothing.

Bill on the Hill
1 year ago
Reply to  T Lowe

Spot on the money T Lowe & much more needs to be done too… As long as we are stuck with this WOKE administration we as a nation are hamstrung, not forgetting the entire Federal gov’t has to go WOKE along with the US military & not forgetting our children. All of this has to change before we can address the CCP of China… By change I mean REMOVAL of all of them with indictments, tribunals in GITMO & off to jail with the lot of them… Once released, hang ’em all…John Brennan is my 1st choice, followed by Comey & Peter Strozk & his bimbo Lisa Page, lest we forget HRC & Free Willy, John Ratcliff is another one, not to forget Christopher Wray & we don’t want to forget Justice Roberts of Epstein Island fame… I almost forgot, Adam Schiff, aka shifty Schiff & so many others, my mind is getting tired…
Bill on the Hill… :~)

1 year ago

So, where are the rest of the countries. Haven’t heard a word from them. Just because Biden has no interest in taking steps to hold China responsible for taking so many lives, everyone else should! You don’t need this administration, which by the way is being led by the Devil, because they are kissing the asses of the Communists.

Stephen Russell
1 year ago

China should be charged with war crimes for letting virus envelope the world in 2020.
Along with Fauci, WHO NAID NIH CDC

1 year ago

Yep, it is absolutely time for the world to hold China accountable! The Biden administration will not do that, however, because the are in bed with China. Their family is receiving very much money from China to keep them from doing exactly that, so the Biden administration has to be held accountable at the same time. Our current government hasn’t the spine for that, so I guess we have to wait for our government to swing right.????????

1 year ago

NOTHING will happen to China so long as the current administration stays in power…in fact I’d go as far as saying that we should all learn to speak Chinese.

1 year ago

Others are posting similar comments stating the US should have all the borrowed monies from China wiped clean but that would make too much sense.

1 year ago

No one listens to us as we are considered too stupid. By us I mean those of us who are now in our 80’s+ and have tried to live the good life working hard for what we have. These communists have no idea what will come for them in the future, By COMMUNISTSI mean also those in this country who are trying to destroy this country as well as the communist regimes I have worked under in the soviet union and the middle east and also in China. Why are they so trying to destroy what we who are older have given our health and our dreams to assist those in other countries. Yes China needs to be held totally accountable but also each person who voted in the current regime in our own country need to also answer to those of us who are not the “useful idiots” they think we are. My information when I knew where the virus came from over a year ago has fallen on DEAF ears but I know what I know and I knew what I knew back then. I wish I had known I would be the first to write a comment. I am too angry at this moment to think straight and gather my thoughts in a cohesive manner. Thank you for letting me sound off. And I am just finishing the book by Mike Lindell “What Are the Odds” and I would ask anyone to read about his life and his redemption and then not see where this country has allowed him to start over. I have watched people so often where ever I have worked overseas in health care but in the countries I have volunteered or worked there were no second chances. Carol PS: I want to thank Mr. Charles again for his excellent article. We out here are really listening and hearing what you say.

1 year ago
Reply to  Carol

Thank you Carol for your service. I can’t agree more with your comments. Have you seen how the liberal left is (has been) trying to destroy Mike Lindell AND his company just because he brought credible information to the American people about the election fiasco? This whole thing is painful to watch in real time.

Kevin S
1 year ago

Unfortunately, we currently have a fully co-opted popsicle occupying the WH, with the base of the stick in Beijing. Had the prior administration continued, I suspect your proposal would have been well under way. Ergo the oppositions desperate “win at any cost” both in 11/20 and 1/21.

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