COVID-19 and International Law: The Continuing Importance of International Law Obligations during Public Emergencies

Abstract

The current COVID-19 pandemic has brought with it a number of growing global concerns, apart from its more apparent impact on human lives, economies and health systems across the world. Particularly concerning is an increase in military response to the pandemic, employed by countries as a means of enforcing lockdown regulations and curbing the spread of the virus. This increase in state power, through countries’ armed forces, has seen alarming reports of alleged state abuses during both declared and de facto public emergencies, with alleged abuses ranging from more palpable assaults on human rights to the less obvious. In light of this complexity, this comment reflects on the importance of local responses to COVID-19 in upholding global human rights and humanitarian standards, as a guide to state responses to the pandemic. It does so by highlighting prominent examples from current global affairs, with at least two from South Africa, and extrapolating critical lessons using an international law perspective. The comment aims to serve as a reminder of the importance of human rights in times of crisis, both for South Africa and the world at large.