WHO URGENT LEGAL RISK ASSESSMENT: PROCEDURAL INTERVENTION IMPERATIVE
URGENT LEGAL RISK ASSESSMENT: PROCEDURAL INTERVENTION IMPERATIVE
RE: IMMINENT ADOPTION PROCEEDINGS - WHO PANDEMIC AGREEMENT (DOCUMENT A78/10)
DATE: MAY 20, 2025
CLASSIFICATION: DIPLOMATIC COMMUNICATION OF HIGHEST PRIORITY
DIPLOMATIC DISSEMINATION NOTICE: Pursuant to principles of international comity and the obligation of States to act in good faith regarding matters of fundamental international concern (pacta sunt servanda), recipients are respectfully requested to expeditiously transmit this legal risk assessment to all Permanent Mission delegates, INB representatives, and ministerial authorities with jurisdictional competence regarding agenda item 16.2. This communication implicates State responsibility under international law and warrants immediate diplomatic consideration.
URGENT PROCEDURAL INTERVENTION REQUEST
Distinguished Delegates of Member States:
In accordance with established principles of international law governing State responsibility in multilateral treaty proceedings, we, the undersigned legal experts and civil society representatives, hereby submit this formal communication identifying specific ultra vires provisions within the proposed WHO Pandemic Agreement (Document A78/10) scheduled for adoption during today's plenary session.
The following analysis delineates provisions that prima facie exceed jurisdictional parameters established in the WHO Constitution, contravene peremptory norms of general international law (jus cogens), and create irreconcilable normative conflicts with existing treaty obligations. We respectfully submit that these identified legal deficiencies engage the international legal responsibility of States participating in adoption proceedings and necessitate immediate procedural intervention.
PRESCRIBED PROCEDURAL INTERVENTIONS
In fulfillment of obligations under Vienna Convention Article 26 (pacta sunt servanda) and customary principles of good faith participation in multilateral proceedings, Member State delegations are respectfully requested to execute the following procedural interventions during plenary consideration:
- OPPOSITION TO CONSENSUS ADOPTION: "Pursuant to Article 19 of the WHO Constitution, which explicitly mandates a 'two-thirds vote of the Health Assembly' for adoption of conventions or agreements, our delegation formally opposes consensus adoption of document A78/10. We invoke Rule 70 of the Rules of Procedure and request a recorded vote. This opposition is based on the identified ultra vires provisions in Articles 8, 12, and 19 which exceed the constitutional competence of the Organization as established in Article 2 of the WHO Constitution."
- CONSTITUTIONAL VALIDITY POINT OF ORDER: "Point of order, Mr./Madam President. The draft Agreement before us contains provisions that prima facie exceed the constitutional competence of the Organization. Per the principle articulated by the ICJ in the Nuclear Weapons Advisory Opinion, international organizations possess only those powers expressly conferred or necessarily implied. The regulatory harmonization provisions in Article 8 are neither expressly authorized nor necessarily implied by the Constitution. I request a ruling from the Chair on whether constitutional review is required before proceeding."
- POSTPONEMENT MOTION WITH JUSTICIABLE GROUNDS: "Pursuant to Rule 65 of the Rules of Procedure, our delegation moves to postpone debate on agenda item 16.2 until the 79th World Health Assembly, to allow for comprehensive constitutional review by the Office of Legal Counsel regarding Articles 8, 12, and 19."
- PROPOSAL DIVISION REQUEST WITH TEXTUAL SPECIFICITY: "In accordance with Rule 64 of the Rules of Procedure, our delegation moves that the following provisions be voted on separately: a) Article 8, paragraphs 2(a), 4, 5, and 6 regarding regulatory systems; b) Article 12, paragraphs 1, 5(a), and 6 regarding the Pathogen Access system; c) Article 19, paragraphs 2, 4, 5, and 6 regarding the Conference of the Parties."
JURISDICTIONAL AND SUBSTANTIVE LEGAL DEFICIENCIES
The Agreement contains multiple categories of fundamental legal defects that implicate State responsibility under international law and necessitate procedural intervention:
I. Constitutional Ultra Vires Provisions
- REGULATORY SUPRANATIONALITY PROVISIONS: Article 8 establishes extraterritorial regulatory mechanisms including "expedited regulatory review" (Art. 8.2(a)) and "regulatory reliance" (Art. 8.4) that exceed the jurisdictional competence conferred upon the Organization under Article 2 of the WHO Constitution, contravening the principle of attributed competence established in the ICJ Advisory Opinion on Legality of Nuclear Weapons.
- PARALLEL GOVERNANCE ARCHITECTURE: Article 19 establishes a "Conference of the Parties" with autonomous decisional authority that creates a parallel governance structure outside the constitutional architecture delineated in Articles 9-29 of the WHO Constitution, contravening the organizational law doctrine of constitutional integrity.
- ECONOMIC GOVERNANCE ULTRA VIRES: Article 13 establishes a "Global Supply Chain and Logistics Network" with extraterritorial economic management functions that exceed the health mandate of the Organization, violating the principle of functional speciality in international institutional law.
II. Jus Cogens Contraventions
- NON-CONSENSUAL MEDICAL EXPERIMENTATION FACILITATION: The Agreement's regulatory provisions facilitate expedited approval of inadequately tested medical countermeasures without fundamental safeguards against non-consensual experimentation, contravening the absolute prohibition recognized as jus cogens through its codification in the Nuremberg Code and ICCPR Article 7.
- NON-DEROGABLE RIGHTS INFRINGEMENT: The emergency powers framework omits essential safeguards against derogation from non-derogable rights, contravening ICCPR Article 4(2) as interpreted in Human Rights Committee General Comment No. 29.
III. Treaty Conflicts Creating State Responsibility
- BIOLOGICAL SOVEREIGNTY TREATY CONFLICT: Article 12's Pathogen Access system directly conflicts with sovereign rights over biological resources established under the Convention on Biological Diversity, creating irreconcilable normative conflicts under Vienna Convention Article 30.
- INTELLECTUAL PROPERTY TREATY INCOMPATIBILITY: Article 11's mandatory technology transfer provisions exceed TRIPS flexibilities, creating irreconcilable conflicts with existing intellectual property obligations.
- INDIGENOUS RIGHTS INCOMPATIBILITY: Article 12 omits free, prior, and informed consent requirements for indigenous genetic resources established in UNDRIP, creating normative conflicts with customary international law on indigenous rights.
CONCLUSION: STATE RESPONSIBILITY IMPLICATIONS
The procedural posture of today's plenary session represents the final opportunity for Member States to fulfill their responsibility to ensure that multilateral instruments remain within established jurisdictional parameters and conform to peremptory norms of international law. The procedural mechanisms identified herein constitute the minimum necessary measures to discharge this responsibility.
We respectfully submit that failure to register procedural opposition to the identified ultra vires provisions may engage State responsibility under international law for the facilitation of an instrument that prima facie contains provisions exceeding constitutional authority and contravening established legal norms.
With highest consideration and respect for the international legal order,
[YOUR NAME] On behalf of concerned legal experts and civil society representatives worldwide
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56 Comments
This Treaty must be stopped.
Because this has nothing to do with health, it is only about control aided by massive public ignorance.
I don’t want the scamdemic treaty lockdowns or poison vaccinations to exist ever again. Another tool of Jews to depopulate us.
I AM TOTALLY AGAINST THE TOTALITARIAN PANDEMIC TREATY.
Nations should remain sovereign. This is about global control and power grab, not about health.
I am signing because I want to stop the Pandemic Treaty.
I own my body not anyone else.
This is anti-democratic, anti-soverign and violates the Nurembourg Code 1947, no-one should have any right to decide what happens in another’s body. This is complete over reach by governments and is completely insane to allow these people who have mass murdered millions with their evil vaccines to have this power.
MRNA is proven to be dangerous…
I want Australia to maintain its sovereignty
This is a dictator declaration that against human rights!!!!
I don’t want their wet dream to come to being. Freedom!
The WHO don’t care about any human being on the planet. They care only about total power and complete corruption. The visible presence of evil from an evil irresponsible group. God’s justice will fall on them.
Nobody elected the WHO. No countries participating in this shame have asked the members of the publics they are working for because its a business and we, the people are the ones they want to suffer. Plus the whole fiasco is built upon lies, lies and more lies!!!!
We must maintain our sovereignty to stay free.
I want to exercise my right in choosing what I want for my health.
… I DO NOT WANT TO LIVE IN FEAR FOR THE REST OF MY LIFE… I WANT TO BE FREE!!! EVEN TEDROS’ DAUGHTER WANTS TO BE FREE OF IT!!!
Because I believe in sovereignty and freedom of choice! These corrupt organizations should not have a say in the people’s decisions. These corrupt organizations people of all countries should!!!
NEM Kell A WHO
An agreement that favours chemical companies above the health and survival of our people and planet is a commercial sales contract not a Treaty.
I am signing because WHO is made up of unelected opportunists who want to control the World and cull population. Nothing to do with health!
I’m not enthusiastic about the nightmare Orwellian world that will be created if the WHO gains the potential level of control over our health that the treaty threatens. They are mendacious, sociopathic criminals, funded by more sociopaths.
Ingen ska bestämma över min kropp Släng skiten
I want my sovernty
I don’t agree to any support for the criminal organization (who), which is not interested in completely health of the population !!!! BUT ONLY A CRIMINAL TERRORIST CHARGE OF POWER IN THE WORLD.!!!!!! the un and who is the faces that have been created with the intention of developing organised criminal and terrorist activities and so they should be immediately de-escalated , settle and judge the court of Justice of the Nations..!!!!!!!!!!
This must be stopped
I cannot understand why we need a non governmental agency over riding our country’s sovereignty.
Stop the killing field shots to all and to those like myself who can`t take it due to antibiotics put in have antifalactic shock
Canadian citizens have never been consulted and have not agreed to this.
This treaty is the most nefarious intervention in world history so far. Has to be thrashed.
I value my country’s sovereignty as well as other country’s. This is nothing short of an attempt by these globalist to continue their attempt to take over the world.
I do not consent to any man made authoritarian body over my rights under Common Law, and hold that Common Law is Prima Force above all other dictates. I challenge that W.H.O. participants are fraudulently misrepresenting Canadians and acting unlawfully to cause damage to persons and property.
It’s a bad deal based on sloppy science, and a fundamental infringement on the most precious human rights.
We will not tolerated this centralized authoritarian control. We see your New World Order and your depopulation goals and desire to surveil and control us and we reject you and we reject it. We reject your use of health emergencies to scare us.
In my opinion, no organisation should oversede countries on any matter. This look like a power grab and has nothing to do with health. People are sicker than ever, there seems to be more epidemics than ever. Something seems to be very wrong. Things should get better and it is not the case. It is getting worse and worse. why? Things should improve and they are not. It seems that the way WHO organisation takes care of the “problems” is simply not working
The WHO are a criminal organisation and hold no official power over we the people.
I am my own doctor and my medicines are healthy fruits and veggies food, water, sunshine, fresh air, rest, temperance ( no liquor no drugs ), exercise, trust in God.
I am signing because we need to take back our sovereignty. I have had enough of having private corporations deciding what’s best for our health and so-called “well-being”. These people have been allowed to enact, implement and control the health and political sectors of our world for far too long – not even having been VOTED on in the public realm. This treaty needs to be stopped. These enigmatic entities need to be stopped.
Stop the WHO Pandemic Treaty adoption. Countries must maintain their sovereignty and not be dictated to by unelected bureaucrats runnng the WHO. The Who’s role in the Covid pandemic was an absolute disaster. We need to exit the WHO.
People need freedom, lives are at stake.
WOAH/WHO/WEF/UN – ALL MUST BE CULLED! FIRST THEY CAME FOR THE OSTRICHES…………………… OH HELL NO TO THE INSANITY OF ‘ONE HEALTH’! As if every unique being were interchangeable parts of a soulless AI machine of total slavery! If only every country exited the WHO! KEEP UP THE STRUGGLE! BE VIGILANT! NO RESTING ON LAURELS! MERS! MONEYPOX! All those WHO/WEF/UN control freaks, BUGGER OFF AND LEAVE US ALONE! NO TO YOUR CORRUPT MONEY-MAKING RACKETS! SCREW THE HYPOCHONDRIA GERMAPHOBIC FEAR HYSTERIA! DO NOT CONSENT! Avian flu is for the birds! RESIST! Can’t say this often enough! The Military/Industrial Complex and the Biowarfare/industrial Complex, WEF agenda and the evils assaulting humanity are from one and the same source – it is the 99% against the diabolical GREED of the 0.01% who should not be in charge of anything! And BIG pHARMa is an arsenal making permanently sickly addicted slaves dependent on their products – the complete opposite of actual health. SERIOUSLY FOLKS! KEEP FIGHTING! Can’t say this often enough! The WHO/UN/WEF are totally criminal entities that must be litigated and dismantled off the face of the earth and its upper level employees tried and jailed. Nothing THE WORLD HELL ORGANIZATION does has any legitimacy.
To Stop this perversion, that will have horrible consequences to the world.
WHO is evil.
I am signing this petition because I wish to stop its adoption via “The Rules of Procedure of the World Health Assembly provide multiple mechanisms through which Member States may prevent consensus adoption.”
WOAH/WHO/WEF/UN – ALL MUST BE CULLED! FIRST THEY CAME FOR THE OSTRICHES…………………… OH HELL NO TO THE INSANITY OF ‘ONE HEALTH’! As if every unique being were interchangeable parts of a soulless AI machine of total slavery! If only every country exited the WHO!
We the people of Canada don’t want our sovereignty and everything else taken from us. That’s making us prisoners and slaves to the WHO. And then can lock us down for good over the tiniest sniffle or cough. It’s for depopulation and being able to give us deadly vaccines.
The WHO cannot be trusted!!!
THIS IS A CRIME AGAINST HUMANITY AND I CANNOT CONDONE IT!!!!!!!
My body my chouce
STOP THE PANDEMIC TREATY, I WAS NOT INFORMED AND DO NOT CONSENT. I WANT EXIT FROM THE WHO.
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