"Responsibility To Protect" And Construction Of International Human Rights Norm

Since the end of Cold War, regional turmoil and domestic conflicts have continued. Large-scale and systemic Humanitarian Crises in some countries and areas, like Somalia, Rwanda, Kosovo, Darfur in Sudan, Libya and Syria, shocked the human society. These crises not only pose threats to peace and stability in these areas, but also give a challenge to the current international protection of human right. On the other hand, what concerns us is that international interferences in conflicted countries in the name of human rights protection have been commonly seen in international politics. In this circumstance, promoted by western countries, the theory of humanitarian intervention with the slogan of "Human Rights over Sovereignty" was put into practice, while it was never widely recognized by international society as a philosophy of human rights protection. On the contrary, the dissimilative tendency in human rights protection due to prevalence of humanitarian intervention incurs the suspicion and critics from various quarters. As the internationalization of human rights protection pressed on, "Responsibility to Protect" has become a normative approach in this field in place of humanitarian intervention, which has won the recognition and support from international society, hence normalizing and legalizing the process of human rights protection.In this dissertation, the researcher argues the responsibility undertaken by both sovereign states and international society in protecting human rights and their patterns of interaction with the analysis frame of changes in international norm and construction of international human rights norm. Based on the inspection and critics on humanitarian intervention, the researcher specifies the origin, evolution of "R2P" and its impact on the international norm of human rights, while attaching importance to the approach, mechanism and prospect that human rights norm universally shared was constructed in the system of United Nations.The first chapter sets up the analysis framework and normative foundation for the research and makes the definition for the concepts such as responsibility to protect human rights in international law, international norm and international intervention. The principle and norm on human rights protection established by UN Charter constitute the normative base for the following chapters.In the second chapter the researcher critically analyzes the humanitarian intervention and the alienation of it in the practice of human rights protection. Through the demonstration of theoretical changes and practical controversy about humanitarian intervention, the researcher criticizes its deviating behavior in terms of the practical effect and international law, illustrates the detriment of this theory and loss of responsibility in current international environment, and evaluates its impact on the development of international human rights norm.The third chapter focuses on "Responsibility to Protect". As an emerging idea to normalize human rights protection, R2P exemplifies a normative approach for it in prospective practice. In the discussion of the background, connotation, and evolution process, R2P keeps distinct from humanitarian intervention and plays its role in the development of international human rights norm. As it is, this chapter provides the specific cognitive framework for constructing human rights norm which has a common consensus thereafter.The fourth chapter studies the cases of R2P. Four cases are selected to discuss how "R2P" was utilized by UN, regional organizations and great powers to protect human rights, and elaborate the applicability, range in protecting human rights as well as the attitudes and stances of the states toward this idea. The researcher compares those cases that international society cited R2P to conduct the human rights protection after 2005 World Summit, clarifying the evolutionary logic of the idea and its practical dilemma. The quotation and controversy of R2P in initial practices during 2005-2010, the first military action to interfere Libya crisis on the ground of R2P and the on-going Syria Crisis are all incorporated in this chapter.The fifth chapter examines the approach and the future to construct international human rights norm in the system of UN. With reference to the case studies, the researcher evaluates the role UN plays in international protection of human rights in full respect, and its dilemma in reality, shedding light on the scaled construction of the norm. To improve the norm, three approaches are adopted from topic setting on international human rights protection, mechanism fostering in the system of UN to capacity building in sovereign states and UN. It is pointed out that the norm building of human rights protection in international society is the dual process of interaction and socialization, where the emerging powers will play an increasingly important role.In conclusion, the researcher expresses his innovative view on China’s part in constructing the international human rights norm in the future. This section conveys the positions China holds on this issue, how China is constructively engaged in the settlement of hot spots, as well as how she participates, creates and even dominates the international human rights norm matching China’s national interests, all of which are the rewarding exploration. The argument in the research is that there is the inevitable trend to confirm the responsibility and norm for human rights protection. With the coexistence of accomplishments and challenges, the international society is revising the relationship between sovereignty and human rights in the new system of global governance, gradually optimizing the UN-led system in human rights protection, normatively pushing the norm into practice, for the purpose of the vision that "Everyone will have access to all human rights".