Guardian of Global Health: Examining the Responsibility of the World Health Organization during Global Health Crises

Objectives – The paper aims to examine the role and responsibilities of the World Health Organization during epidemics and pandemics. The paper further proposes avenues to address the attribution of responsibility when it fails to meet its mandate and navigates the possibility of bringing the matter before the International Court of Justice (ICJ). Approach methods and techniques – The authors have adopted a qualitative analysis methodology to critically analyze various international conventions, treaties, and cases involving the failure of the WHO to meet its mandate. Results – The study highlights the existing gap in the law of responsibility with respect to the conduct of the World Health Organization during global health emergencies. The shortcomings of the organization are evident in previous health crises like the Ebola Virus epidemic and the COVID-19 pandemic. There is need to introduce a framework enhance the responsibility of the Director-General of the WHO as the chief officer of the organization. Moreover, in the absence of an appropriate legal redressal forum to address the responsibility of the WHO, the ICJ can Conclusions – In order to truly become the guardian of global health the WHO needs to introduce responsibility within its framework. This can be achieved by introducing a framework to enhance the responsibility of the Director-General of the WHO. Moreover, in the absence of an appropriate legal redressal forum to address the responsibility of the WHO, the ICJ can be asked to give an advisory opinion on this matter which holds a significant value, thereby paving the way for introducing future norms. Limitations of the research and its implications: The study only evaluates international responsibility with respect to the conduct of the World Health Organization during global health crises. It can navigate future research with respect to other international organizations tasked with important roles. Practical and social implications – The research will particularly benefit in framing norms relating to the WHO by introducing accountability, thereby ensuring a future-ready robust organization to tackle global health crises. Value and originality – The paper identifies an existing gap in the current literature regarding the responsibility of World Health for its failure to meet its mandate during global health crises. The paper will particularly benefit international law researchers, lawyers, and policy framers.