Call to move ICJ, UNSC & UNHRC for claiming damages from China
Mumbai: A 20 Trillion Dollar law suit has been filed in the United States District Court for the Northern Districts of Texas by Larry Klayman and two other Plaintiffs against the People’s Republic of China (PRC) accusing it of violating the Biological Weapons Convention (BWC) treaties of the United Nations Office of Disarmament Affairs (UNODA), a UN body and Acts passed by the US Congress. Needless to say a similar counter law suit has been filed by a Chinese in China accusing the USA of violating the UNODA’s BWC treaties.
Klayman in his law suit has argued that since biological weapons have been outlawed since at least 1925, including by China’s membership in treaties, these illegal weapons constitute and are in effect terrorist-related weapons of mass destruction of population centers. (20 Trillion Dollars comes to = 1,52,86,00,00,00,000.20 Indian Rupees).
Commenting upon the law suit filed in the District Court in Texas seeking Reparation (Compensation) from China, noted lawyer Advocate Ashish Giri argued that the court has complete jurisdiction to entertain the plea as America is one of the signatory to various treaties referred to in the said Suit filed before the Hon’ble Court. “I must say that India and various other countries are also the signatories to the said treaties referred the said Suit and considering those treaties, it is necessary that all the affected countries come together and should file a petition before the International Court of Justice (ICJ) and also the UNSC and UNHRC”.
The Plaintiff trio – Buzz Photos (event photo shoot company), Freedom Watch Inc (NGO) and Larry Klayman filed the Law Suit in the Northern District Court of Texas on March 17, 2020 seeking damages to the tune of 20 Trillion Dollars from Defendants – PRC – China, Peoples Liberation Army (PLA), The Wuhan Institute of Virology (TWIV), Shi Zhengli of TWIV and Major General Chen Wei of the PLA.
Klayman in his Class Action Complaint (law suit) has contended that massive damage has been caused by the Defendants as a result of COVID19 release from an illegal and internationally outlawed Bio-Weapons Facility in the city of Wuhan of the Peoples Republic of China.
The Plaintiff’s in their complaint have pressed for “damages and equitable relief arising out of the creation and release, accidental or otherwise, of a variation of coronavirus known as COVID-19 by the People’s Republic of China and its agencies and officials as a biological weapon in violation of China’s agreements under international treaties, and recklessly or otherwise allowing its release from the Wuhan Institute of Virology into the city of Wuhan, China, in Hubei Province, by among other acts failing to prevent the Institute’s personnel from becoming infected with the bioweapon and carrying it into the surrounding community and proliferation into the United States”.
Klayman in his complaint has argued that Biological Weapons have been banned in 1925 by the Geneva Weapons Convention (GWC) which was signed on June 17, 1925. He argues that the BWC treaty prohibits the use of asphyxiating, poisonous or other gases, and of bacteriological methods of war.
He further states that “on or about November 15, 1984, China acceded to, ratified and joined the “Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction” (hereinafter – Biological Weapons Convention – BWC)”.
Citing the BWC treaty and laws like the Federal Rules of Civil Procedure, Foreign Sovereign Immunities Act, USA Patriot Act and Justice Against Sponsors of Terrorism Act (JASTA), Klayman argues that the District Court has the jurisdiction in hearing the case. It is interesting to note here that as per provisions of the Foreign Sovereign Immunities Act of 1976, the US District Court has original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state.
Meanwhile, Advocate Ashish Giri further said “considering the pandemic of COVID19 that spread across the world and has its origins from China and has become a threat to the human race, many people across the world are losing their lives which is nothing more than a genocide committed by China deliberately by not intimating other countries well in time about the spread of COVID19 which itself makes the entire conduct of China very suspicious”.
Advocate Giri remarked “it can be well presumed that China had prepared a Biological weapon which it wanted to use it against rival countries but it got leaked in China itself. The Chinese Government at the first hand did not reveal about the disease and when it got reported in media from China where the doctor who worked in the P4 lab situated at Wuhan revealed certain facts. China tried to hush it up and did not reveal the real death toll”.
