Analysis On Application Of Responsibility To Protect

"Responsibility to protect" has enshrined in the summit communique in the60thanniversary of the United Nations’ establishment，replaced the controversial conceptof humanitarian intervention. Chinese and Western scholars also have very differentview on the nature of responsibility to protect. Through in-depth study of the theoryand practice of the responsibility to protect, propose solutions to optimization of theapplication of responsibility to protect from three respect of legal, institutional andpractice. Combined with China’s attitude and stance on this issue, summarize relatedcoping strategies, which has very important significance.At the practice level, whether the responsibility to protect can be applicable isdepending on basis reason in international law. As the basic theory of internationallaw, the principle of sovereignty is constantly evolving on its meaning."Sovereigntyas responsibility" theory constitutes the basis of international law of theresponsibility to protect. Through historical analysis method, the UN’s fournormative documents about responsibility to protect create the basic conditions onthe applicable to the responsibility to protect in the future. According to " Report ofresponsibility to protect," the responsibility to protect include the responsibility ofprevention, responsibility of reaction and responsibility of reconstruction, its scopeshould be strictly limited within four crimes determined by the "World SummitOutcome".At the practice level, through empirical analysis method, In the situation inDarfur region of Sudan, the responsibility to protect was first formally applied; inapplicable case of Bosnia and Herzegovina v. Serbia “genocide convention” theInternational Court of Justice gave responsibility to protect a positive response; insituation of Libya, it is the first time that responsibility to protect applied a militaryintervention, but the international society is highly controversial to the militaryintervention. Although the corresponding international practice already exists, thereare still corresponding defect. As an emerging theory, the international communityhas some wrong awareness of the responsibility to protect, because responsibility toprotect has not formed a series of rules of international law generally accepted byinternational community. In terms of improving application of the protection of liability, first of allshould raise the legal rank of responsibility to protect through two ways-international legislation and practice-to accelerate the responsibility to protect’sbecoming norms of international law with universally binding force. Meanwhile, weshould establish permanent specialized rating agencies, improve the evaluationcriteria, and promote the correct application of the responsibility to protect. Inpromoting the demilitarization of the responsibility to protect application, firstly asthe main subject of responsibility of prevention, we should emphasize states’ majorrole in promoting the peaceful development. In order to avoid the abuse of militaryintervention, also the six criteria for military intervention should be more refined. Inaddition, give full play to the role of the International Criminal Court in the peacefulsettlement of international disputes, and strengthen cooperation with theInternational Criminal Court.