The World Health Organization’s Emergency Powers: Enhancing Its Legal and Institutional Accountability

Abstract

This paper evaluates the powers – both legal and non-legal – which the World Health Organization has at its disposal in an emergency. We demonstrate that the Director-General’s emergency decision-making powers are of concern for the relationship between the organization and Member States. We further question to whom it owes accountability as an international institution, and how to enhance it. Existing literature shows how the legal responsibility of international organizations for wrongful acts constitutes one type of accountability. Internal and external institutional inquiries into the who’s decision-making, though not deriving in legal responsibility, also represent distinct models of accountability. Against this backdrop, the article looks at past and ongoing events where the who Director-General’s emergency decision-making powers gave way to different modes of accountability, both within and beyond the organization. We provide concluding remarks focused on the need for enhanced accountability in the who’s exercise of emergency decision-making powers.