Analysis Of The Related Terms Of The Charter Of The United Nations Under Practices Of The Responsibility To Protect

After World War II, people of all countries were suffering from war. They had anurgent need for the construction and protection of peace and security. Theinternational law after World War II is based on the demand of antiwar, the pursuit ofpeace and security. However, since the1990s, local conflicts occur frequently aroundthe world, such as large-scale humanitarian violations in Somalia, Rwanda, the formerYugoslavia, Kosovo and other countries and regions. These events shocked theconscience of the international community and human beings. These events not onlybrought great destruction to national and regional development, but also hurtthousands of innocent people’s lives and the right to pursuit a safe and developed life.Besides, they also challenged the United Nations and international law as a whole.Protection and respect for basic human rights, has been implicit in the nationalcultural traditions. When a large-scale humanitarian disaster, the conscience ofmankind is facing tremendous torture, other countries and the internationalcommunities have the right or obligation to intervene? International humanitarian lawsystem construction has been gradually focused on by the whole world, in order tobuild a shared security and development of human society. However, these legal norms simply provides the content of international humanitarian protection, and doesnot provide for a domestic humanitarian against the international community how todispose of. In recent years by the name of humanitarian to disguise commercialinterests, geopolitical interests and motivation to interfere in the internal affairs of thesituation is not uncommon. These circumstances the international community havecalled for the birth of a new maintenance mechanism for humanitarian order.2001byCanada Intervention and State Sovereignty Commission report "responsibility toprotect", first proposed a comprehensive national and international "responsibility toprotect"(the Responsibility to Protect), pointed out that the countries in the absenceof or failure to protect their own people there is a responsibility they can take theappropriate action by the international community to prevent a humanitarian disasterto continue and expand. However, the theory of the responsibility to protect is"neo-interventionism" in international law, there are still quite controversial, Inaddition, the Charter of the United Nations in the practical application of theresponsibility to protect, there is still conflict with problems, this paper on these issuesof the sort and analysis.Under the theoretical framework of this article, the first chapter expounds theresponsibility to protect the validity of the sources, and demonstrate its effectivenessin detail. From the difference of perspective of humanitarian intervention and theresponsibility to protect, we can define the operation mechanism of responsibility toprotect. Chapter ii of this article will discuss the responsibility to protect the operatingmechanism must be within specification at the United Nations charter, therebydemonstrates: in case of charter itself has hysteresis, the charter itself is what is thestatus. It is because the charter has a fundamental and guiding, how therefore in theresponsibility to protect the implementation of case need to follow the charterprovisions in interpretation. This paper also explain to charter the subject and werediscussed the interpretation method should be adopted. In practice, the responsibilityto protect the operation mechanism and the theoretical framework of the UN charter created and there are some conflicts, the third chapter of this paper will elaborate onconflict, and puts forward some solutions to the problems. In the fourth chapter of thisarticle, the author has responsibility to protect the future in the development of Chinaand the United Nations put forward some reform Suggestions. Cherishes peace in ourcountry, has consistently uphold the purposes and principles of the UN charter, withthe general interests of peace and justice countries, for the maintenance of worldpeace and stability and promote common development and cooperation, have madeunremitting efforts. The future of China’s responsibility will be more and more big,how to correctly treat the massive human rights violations of humanitarian disaster,and how to accept the responsibility to protect theory is responsibility for China’sforeign policy and the power of a test.