Tic Toc

New international health accord avoids necessary Senate approval

Epoch Times

The Biden administration is preparing to sign up the United States to a “legally binding” accord with the World Health Organization (WHO) that would give this Geneva-based UN subsidiary the authority to dictate America’s policies during a pandemic.

Despite widespread criticism of the WHO’s response to the COVID pandemic, U.S. Health and Human Services (HHS) Secretary Xavier Becerra joined with WHO Director-General Tedros Adhanom Ghebreyesus in September 2022 to announce “the U.S.-WHO Strategic Dialogue.” Together, they developed a “platform to maximize the longstanding U.S. government-WHO partnership, and to protect and promote the health of all people around the globe, including the American people.”

These discussions and others spawned the “zero draft” (pdf) of a pandemic treaty, published on Feb. 1, which now seeks ratification by all 194 WHO member states. A meeting of the WHO’s Intergovernmental Negotiating Body (INB) is scheduled for Feb. 27 to work out the final terms, which all members will then sign.

Written under the banner of “the world together equitably,” the zero draft grants the WHO the power to declare and manage a global pandemic emergency. Once a health emergency is declared, all signatories, including the United States, would submit to the authority of the WHO regarding treatments, government regulations such as lockdowns and vaccine mandates, global supply chains, and monitoring and surveillance of populations.

Circumventing America’s Constitution

A key question surrounding the accord is whether the Biden administration can bind America to treaties and agreements without the consent of the U.S. Senate, which is required under the Constitution. The zero draft concedes that, per international law, treaties between countries must be ratified by national legislatures, thus respecting the right of their citizens to consent. However, the draft also includes a clause that the accord will go into effect on a “provisional” basis, as soon as it is signed by delegates to the WHO, and therefore it will be legally binding on members without being ratified by legislatures.

“Whoever drafted this clause knew as much about U.S. constitutional law and international law as I did, and deliberately drafted it to circumvent the power of the Senate to give its advice and consent to treaties, to provisionally bring it into force immediately upon signature,” Boyle said. In addition, “the Biden administration will take the position that this is an international executive agreement that the president can conclude of his own accord without approval by Congress, and is binding on the United States of America, including all state and local democratically elected officials, governors, attorney generals and health officials.”

There are several U.S. Supreme Court decisions that may support the Biden administration in this. They include State of Missouri v. Holland, in which the Supreme Court ruled that treaties supersede state laws. Other decisions, such as United States v. Belmont, ruled that executive agreements without Senate consent can be legally binding, with the force of treaties.