The Study On Dissemination And Practice Of The International Humanitarian Law In China (1874-1949)

Before1949, The international humanitarian law mainly comprised by the Genevaand Hague law system.1864Geneva Convention mainly focus on rescue injured soldiersduring the war. With time pass by, the Hague law system appear, it focused on thetreatment of prisoners, limiting excessive lethal weapons during the war.In the late Qing Dynasty, the Geneva law system had been introduced into China.During the Russo-Japanese War, Shanghai Cosmopolitan Red Cross organized by fivecountries.Soon after, China created China Red Cross independently. Since found, ChinaRed Cross actively engaged in various humanitarian operations,and spread the spirit ofGeneva Convention. The three principles of the Geneva law system, the Red Crossneutrality, the Red Cross logo unauthorized use prohibition,and relieve the injuredsoldiers,were spread in modern china by China red cross. Though there were no clearprovisions about the role of the red cross in the civil war, China red cross still activelyrescue the wounded in the battlefield.After the World War I was broken out, German andJapan fired in Qindao. China red cross taken positive action to rescue the woundedcompatriots, though it was restricted by financial. Meanwhile, China red cross also aid theoverseas Chinese. During the anti-Japan war, China Red Cross organize resource inShanghai frontline to rescue wounded soldiers. During the war,the Ambulance CorpsHeadquarters of China red cross was created to improve efficiency. The Ambulance CorpsHeadquarters of China red cross trained thousands medical and health person, seekassistance from international community, deliver injured soldiers from frontline,contributed significantly to the anti-Japan war.The Qing government has participated twice Hague Peace conference and signedseries conventions of the international humanitarian law, since then,the Geneva lawsystem was introduced in modern China. Though Beiyang Government had to deal withthe warlord, it still better comply with the Hague law system. In the Anti-Japan War,Nanjing National Government take variety of means of to spread the humanitarian treatment to the Japanese prisoners. During the war, the Japanese prisoners were jailed inBaoji and Zhenyua. After the war, the Nanjing National Government repatriated threemillion Japanese overseas and prisoners.Within a year most of the Japanese prisoners andnationals were transported to the Coastal ports and back to Japan. After the victory ofWorld War II, the Allies decided to commit Japanese war criminals on trial. Japanese warcriminals were divided into three levels. Class-A war criminals were put to trial in Tokyo,Class-B and C war criminals were trialed in the country where the war crimes happened.For the trial of war criminals in China, a series of law were made.The practice ofinternational humanitarian in modern China had great positive significance. It improvedChina ’s diplomatic environment,promoted the development of domestic military lawsystem, and limited military misuse in the war time. It also contributed to the growth anddevelopment of the China Red Cross, provide assistance to people threatened by illnessand war in modern China.