The Analysis Of International Responsibility To Protect

"Responsibility to protect" is a new kind of theory on protection of human rightswhich is formed on the basis of Humanitarian Intervention. This theory is highlypraised by the International Community for it has abandoned the point of view:"human rights prevail over sovereignty",which is supported by the theory ofHumanitarian Intervention. And because of its direct impact on two basic principles ofinternational law—the principle of Non-Interference in Internal Affairs and theProhibition of the Use of Force, it also raises the doubts of a large number ofcountries. In2011, the first performance of "Responsibility to Protect" in Libya doesnot meet the International Community’s expectations, increasing many countries’ fearand doubts about the abuse of "Responsibility to Protect". At the same time, thistheory has trigged many heated debates in the theory circle because there are manydefects in its own system settings. Two urgent problems need to be solved by theInternational Community: how to define the position of "responsibility to protect" inthe International Community and how to solve the dilemma facing "Responsibility toProtect". This paper is divided into four chapters.The first chapter, the overview of "Responsibility to Protect". This chapterbriefly introduces the relevant five international documents about "Responsibility toProtect", theoretical basis of the "Responsibility to Protect", and the differences andconnections between Humanitarian Intervention and "Responsibility to Protect".Besides, it analyzes the legal nature of "Responsibility to Protect" and its current legalstatus in the International Communities.The second chapter, difficulties facing "Responsibility to Protect". This chapter elaborates difficulties and problems faced by "Responsibility to Protect" from twoaspects in detail. Analyzed from the macro aspect,"Responsibility to Protect" directlycontradicts two basic principles of International Law by broadly explaining the Article39of the Charter of the United Nations; Analyzed from the micro aspect, there are sixcontroversial issues in the performance and implementation of "responsibility toprotect". These issues mainly involves six problems: the main body, the institutionwhich has the power to authorize, means of authorization, range of performance,voting procedures and legal effect of "Responsibility to Protect".The third chapter, the international practice of "responsibility to protect" and itsreview. This chapter presents two latest practices of the "Responsibility to Protect" inthe International Community. Besides, it analyzes reasons that the practices of"Responsibility to Protect" in Libya and Syria have completely differentconsequences. And it will predict the future trend of development of internationalpractice on "Responsibility to Protect".The fourth chapter, the improvement of "Responsibility to Protect" and China’smeasures. Basing on problems of "Responsibility to Protect" in theory and practice,this chapter puts forward some suggestions about how to improve the "responsibilityto protect", including making stricter military interference startup conditions,formulating code of conduct of the military interference carried out by regional andsub-regional organizations, setting up a supervision and accountability mechanism of"responsibility to protect" and eliminating the double standards of "responsibility toprotect". In addition, the chapter also analyzes the China’s attitude towards"responsibility to protect" and points out specific methods China will adopt in thefuture to deal with "responsibility to protect".