Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the COVID-19 Pandemic

Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is not outlandish to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, in as timely a manner as possible, and in accordance with expert advice. This study addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm.