Study Of International Human Rights Protection Under Humanitarian Intervention

Humanitarian intervention is the international community today is a the larger controversial theory, traditional humanitarian intervention is divided into narrow and broad sense only. The narrowly humanitarian intervention is the one country, multi-country or international organization made without lawful authority under the premise of the humanitarian crisis in his country, by force or threat of interference, force interference country to stop human rights violations; while the broad humanitarian intervention is interference country on the basis of the use of force or threat of force, can also provide a variety of assistance and relief, help interference country to solve the humanitarian crisis. View from the current practice of the international community, acts of humanitarian intervention is mostly interference narrowly. Despite the narrow sense of humanitarian intervention, there is considerable controversy, but also legitimate illegal divided. Legitimate humanitarian intervention, under the auspices of the United Nations should be adhered to, and Chapter7of the Charter of the United Nations forced recovery of the threats to the peace, recognition is also a United Nations-led humanitarian intervention. Illegal humanitarian intervention by the "protection of human rights" on the cover, in fact, to find an excuse to invade other countries. This not only trample on the basic principles of international law, and also have a negative impact on legitimate acts of interference of the United Nations.This paper introduces concepts and theories of humanitarian intervention, and international human rights protection, to analyze the nature of humanitarian intervention, a clear humanitarian intervention in the specific circumstances, legal and illegal points. Analysis of existing principles of international law on the basis of perfect legitimate humanitarian intervention; proposed legislative proposal to prevent illegal humanitarian intervention. Finally, drawing on the spirit of the International Convention on the Protection of Human Rights and proposed improvement and innovation of China’s human rights protection legislation,and should be firmly resisted Western "New-interventioni sm".