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Seeing The Responsibility Of Protection In International Law From The Syrian Crisis

Posted on:2018-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ChenFull Text:PDF
GTID:2356330515491398Subject:legal
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Since the end of the cold war,every corner of the world and struggle has not stopped,people in many countries are still living in dire straits.In the case of unilateral humanitarian intervention under legalization has not been recognized,in Canada,western countries first proposed the "The Responsibility to Protect" the new humanitarian ideas and policies.In the sixtieth session of the general assembly,"the results of the world summit in 2005" affirmed the concept of "The Responsibility to Protect" in the form of documents.Since then,"The Responsibility to Protect" more and more appear in people's field of vision.It is stressed that the international community through the United Nations has the responsibility to help protect people from genocide,ethnic cleansing,war crimes and crimes against humanity under the Charter of the United Nations "sixth chapter" and "the eighth chapter",using the appropriate diplomatic,humanitarian and other peaceful means.The first part of the article said that the crisis in Syria is not only a large-scale and systematic violations of human rights caused by the outbreak of the accumulation of contradictions at home,but also full of complex factors of external intervention.The United Nations as the representative of the international community has been taking the initiative to actively coordinate the peace talks between the government and the rebels in Syria,but has not made substantial progress.The second part is about the concept and practice of the protection of the responsibility in the international law.The "results" of the "responsibility to protect" are to make people from from genocide,war crimes,ethnic cleansing and crimes against humanity four crimes,and military intervention is strictly limited to the "UN Charter" framework,authorized by the security council.This shows that "the responsibility of protection" breaks through the limitation of the principle of non-intervention."The responsibility to protect" has a total of the three stages of development,different period,and with international practice,that are the crisis in Rwanda,Serbia,Sultan and the Libya crisis.The crisis in Libya is the first practice of international law,but the result is just passable,people begain to think more of "The responsibility to protect".In the third part,the passage talks the international law basis and the dilemma of the protection of the responsibility for the protection of all countries are told.Theprotection of the responsibility is not only a better form of humanitarian intervention,to avoid civilians from harm,but also the practice of collective security system.However,due to the lack of development,the protection of the responsibility is still in trouble.The last part of the article describes the improvement of the protection of the responsibility of the recommendations from the legislative and law enforcement aspects of the proposal to accelerate the process of legislation to protect the responsibility of the United Nations to solve the crisis in Syria.At the same time,with the analysis of the China proposal,respect for national sovereignty and non-interference principle should be the basis of the responsibility to protect,and as far as possible to use of peaceful means,be caution,and a case by a case.After the development of practice,"The responsibility to protect" has become a big country "belief consensus",with a more solid foundation.However,from the solution of the crisis in Syria,we can see that the protection of the responsibility in the practice of human rights protection is still faced with many practical problems,and will have an important impact to the future of international human rights norms.
Keywords/Search Tags:The responsibility to protect, human rights, The United Nations
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