Archives for posts with tag: World Health Organisation

Sermon at Evensong on 15th October 2023 at All Saints Church, Penarth

Bible readings referred to:

https://bible.oremus.org/?ql=564029064

Writing a sermon this week has been a challenge. In the face of the terrible events in Israel and Palestine, it doesn’t seem right for me just to give you a more or less academic, measured exposition of two Bible lessons, coupled with some observations on the words of the psalm, unless that analysis and exposition in some way bears on how we as Christians should respond to the crisis in the Middle East.

I am not going to add much to the huge number of more or less wise words which have been written or said by commentators, journalists and scholars, who all know far more than I do. 

But starting with our Bible readings; how can a sentence such as the beginning of our new Testament lesson, “See what love the father has given us, that we should be called children of God”, say anything about the bestial violence perpetrated by Hamas and the disproportionate retribution meted out by Israel? I honestly think that the only thing we can say is that two wrongs do not make a right. But that doesn’t take away the wrongness of either of the wrongs.

I suggest that there will be no chance of restoring peace unless the parties understand where the actions being taken are supposed to lead. What is the ultimate objective? Granted, of course, that Israel has the right to defend itself, what should that mean, precisely? Does the objective justify breaking international law? Cutting off fresh water, food and power, and forcing the civilian population of an area to leave, are said, by representatives of the United Nations, of the World Health Organisation and of the EU, to be breaches of that law.

Everybody can trade historical references. Moses leading the Jews into the ‘promised land’. The Balfour Declaration in 1917, according to which there would be created a national home for the Jews in Palestine, on the express understanding that no harm would be done to the indigenous inhabitants, to the Palestinians, by the arrival of the Jews; the creation of the state of Israel, following a revolt against British rule, carried out by what we would regard as a terrorist organisation, the Stern Gang, in which Yitzhak Shamir, who became the prime minister of Israel, figured prominently, in the end of the 1940s; The Six-Day War; the Yom Kippur War; the Camp David agreement; the two state solution; they are all earnestly rehearsed by somebody or other in relation to this crisis.

Not all – not many – Palestinians are terrorists; they don’t all belong to Hamas. Not all Jews are Zionists, supporting the occupation of settlements on the West Bank in contravention of United Nations resolutions. 

But the world stands by. 

What does it mean for a government to say they ‘stand with’ Israel? Does it mean that they turn a blind eye if the international law against making war on civilians is ignored? They are happy to condemn Hamas for exactly the same crime, for that is the nature of Hamas’ terrorism, that they made war on civilians.

So what does St John say in his first letter? He says that ‘everyone who commits sin is guilty of lawlessness’, and that ‘sin is lawlessness’. It’s not specified in the Greek text which law is being referred to, just ‘law’. The New English Bible dares to say that it is the law of God. Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy strength. And thou shalt love thy neighbour as thyself. 

That is the essence of the law of God. But it doesn’t actually say that here. It just says that committing sin is to be lawless, is to break the law. So that could also be the law of man, including international law. So you could say that, according to St John’s first letter, a lot of what is going on in the Middle East, on both sides, is sinful.

But, as the editor of the Church Times, Paul Handley, says in his editorial this week, ‘The conventions of war are fictions. They apply a veneer of civilisation to violence, but they lure people into the confused business of judging relative guilt and innocence. There is, of course, no difference between an infant in Kibbutz Kfar Aza, stabbed to death by a Hamas militant, or an infant in a flat in Gaza City, killed by a retaliatory Israeli missile strike.’

Our psalm today is that wonderful vision of God knowing every bit about us, even before we were made, and saying that we are “fearfully and wonderfully made”. But looking at what’s going on in Gaza, and just outside, that isn’t really the psalm that we would choose.“My God, my God, why have you forsaken me?” – Psalm 22, seems much more apt. But, maybe, there is still ground for hope. 

Recent history has at least two wonderful examples, where people who were mired in conflict, bitterly hating one another, and committing atrocities, found ways to bring about peace; in apartheid South Africa, and in Northern Ireland during the time of the troubles. In Northern Ireland they made the Good Friday agreement, and in South Africa, Nelson Mandela got Archbishop Tutu to run the Truth and Reconciliation Commission.

Just as Saint John says, “What we will be has not yet been revealed“, rather in the way that St Paul said, in his first letter to the Corinthians, that, although today we see ‘as through a glass, darkly’, then we shall see him face-to-face: so John also says, “We must not be like Cain who was from the evil one and murdered his brother…. We know that we have passed from death to life because we love one another”. Can we bring love back to the Middle East?

The former Israeli ambassador in London, Mark Regev, was interviewed on Newsnight by Mark Urban. When asked how he would justify invading Gaza and killing civilians as well as Hamas fighters, he said, ‘What else would you do? If the world sees that Hamas can attack Israel and Israel does nothing, Israel will no longer be safe’.

But what if there was truth and reconciliation? What if Israel made Gaza something other than a giant prison camp; what if the Palestinians were able to travel freely and engage in economic activity without restraint? Then surely Israel need no longer feel threatened by what the editor of the Church Times describes as ‘a young Gazan man, brutalised from childhood by the deprivations inflicted by Israel and infected by the murderous ideology of the Hamas organisation’.

Then I believe we could have sure and certain hope, that we will see the present things as sinful as they are; hope that we will see ourselves as the Lord sees us, and that peace will come again through the lawfulness of love. 

Let it be so: Lord, hear our prayer.

29th January 2021

A dispute has arisen between the UK and the EU concerning the distribution of Covid vaccines made by AstraZeneca. For what it’s worth I offer the following thoughts, as a long-retired English solicitor who once specialised in shipping and international trade.

There are two contracts involved: an ‘advance purchase agreement’ (the APA) between AstraZeneca (AZ) and the European Commission, (EC), acting as agent for the 27 states who are members of the European Union (EU), a redacted copy of which is available at https://ec.europa.eu/commission/presscorner/api/files/attachment/867990/APA%20-%20AstraZeneca.pdf; and a presumably similar contract between AZ and the British Government (UK govt). The terms of this second contact have not been disclosed.

UK govt are said to have ‘bought’ a certain quantity of Covid vaccine from AZ. Perhaps it is more accurate to say they have ‘agreed to buy’ a certain number of doses, when available. UK govt have bought and used some vaccines already.

In the recitals to the APA, AZ ‘has committed to use its Best Reasonable Efforts (as defined …) to build capacity to manufacture 300 million Doses of the Vaccine [defined terms], …. for distribution within the EU … with an option for .. [EC] .. to order an additional 100 million Doses …’

‘Best Reasonable Efforts’ is defined at clause 1.9.

The contract is subject to Belgian law.

Clause 5.4 specifies that AZ will use Best Reasonable Efforts to manufacture in the EU. This clause is to be understood so as to include the UK temporarily within the EU.

Clause 8.3(b) ‘In the event that … the number of Doses set forth in the Binding Allocation [as defined in 8.3(a)] does not equal 300 million, then … the .. allocation of the Initial Europe Doses shall be made on a pro-rata basis to reflect the respective populations of each of the Participating Member States …’

AZ’s obligations under the contract are to make ‘Best Reasonable Efforts’ to make and supply vaccines.

In the English law of contracts a distinction is made between an undertaking (a contractual promise) to do something, and an offer to ‘use best endeavours’ to do something, which is not an undertaking, or contractual promise – it is merely a promise to try.

What does Belgian law say about this? Is ‘Best Reasonable Efforts’ a legally-defined phrase, in the way that to ‘use best endeavours’ is in English law?

The reason why, in English law, a party may contract only to use best endeavours is because in the particular circumstances, they cannot control or guarantee the outcome. They will try to bring it about, but they cannot guarantee it.

I do not know whether there is a similar distinction in Belgian law.

Given the extraordinary circumstances of the Covid-19 epidemic and the very rapid development of vaccines, it is understandable that any supplier of vaccines would not guarantee a particular level of supply, and indeed cl 8.3(b) sets out a mechanism for distribution in the event that targets are not met, despite ‘Best Reasonable Efforts’.

In cl 13, Representations and Warranties, AZ says, (e), ‘.. it is not under any obligation, contractual or otherwise, to any Person or third party in respect of the Initial Europe Doses or that conflicts with or is inconsistent… with the terms … or would impede the complete fulfilment of its obligations ….’

Cl 13 gives some assurance that the operation of the second contract, with the UK, does not interfere. Supplies of vaccine which would otherwise have gone to the EU are unaffected.

Vaccine nationalism does not help the human race. Dr Mike Ryan of the World Health Organisation has said that squabbles among the rich nations about how the cake should be divided are particularly repugnant to people who do not have even the crumbs.

Hugh Bryant

29th January 2021