Analysis Of The Construction And Implementation Of The Responsibility To Protect

"Responsibility to protect" is produced as a new theory in early twenty-first Century,which is mainly derived from the profound historical background of how the internationalcommunity makes a react in the face of humanitarian disasters. The theory is established onthe basis of the principle of sovereignty and adapted to the new security concept and therequirements of the international protection of human rights. Since it was proposed, thetheory caused a widespread concern of the international community, as frequently seen ininternational documents and reports it constantly enriched and developed its ownconnotations at the theoretical level, and finally determined the specific concept at the2005World Summit Outcome, that is the sovereign state has the responsibility to protect its peoplefrom genocide, war crimes, ethnic cleansing and crimes against humanity, when thesovereign state is unable or unwilling to protect its people from the harm of the four crime,the international community should take the responsibility to protect. However, there are stilldifferences in other respects.The emergence of the responsibility to protect has brought some impact to thetraditional theory of international law and also is distinguished from the early humanitarianintervention. On one hand, it acknowledges the inherent meaning of national sovereignty,agrees that a sovereign state has the highest, exclusive jurisdiction of their internal affairs, onthe other hand it enriched the sovereignty with the new era of development of the concept ofinternalization of responsibility, which means sovereignty implies responsibility, andultimately come to the conclusion that responsibility to protect hasn’t weakened nationalsovereignty as some scholars worried as, but in the new context of the times it establishs aresponsible sovereignty. Some scholars think, responsibility to protect is just a new phrase ofhumanitarian intervention, but we find that it is a wrong idea that the theory has put militaryintervention into the overall framework of the United Nations, which is the mostrepresentative difference compared with humanitarian intervention.This paper summarizes the theoretical framework of the existing responsibility toprotect, sorts out the context, and then analysis it from empirical theory, aiming at puttingforward some academic suggestions in consider of the existing shortcomings and problemswhich need to have attention of, especially talks a lot about the sensitive military intervention.Finally, starting from the position of China,the author analyzed the attitude of China at this stage of the responsibility to protect and disused how to deal with the problem in the processof further development of the framework of the responsibility to protect.The first part of this paper is to proceed from the background of the responsibilityto protect, leading to the formation and development of the theory of the whole process. Thesecond part discusses the legal basis of the theory from the theory building perspective andthe impact of its emergence on the traditional theory of international law, then analysistheoretical framework of itself. The third part, setting the crisis in Libya as an example,discusses the difficulties encountered in the practice of the theory, and puts forwardcomprehensive proposals. Finally the paper settles to China as the ending.