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Study On International Law Related To The Implementation Of Chemical Weapons Attacks Study On International Law Related To The Implementation Of Chemical Weapons Attacks

Posted on:2020-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Q BaiFull Text:PDF
GTID:2416330572494125Subject:legal
Abstract/Summary:PDF Full Text Request
In the international law,the use of chemical weapons of a means of attack is strictly prohibited.Otherwise,this kind of weapon of massive destruction,known as “the poor man's nuclear bomb”,has been active for a quite long period in the stage of history.As a special method of attack,the use of chemical weapon remains incessant.Compared to conventional means of warfare,the chemical attack has its own special characteristics,which makes chemical weapons attacks harm deeper and wider than conventional forms of warfare.Although there exist so many rules of international law restricting the use of chemical weapons,the constant occurrence of chemical weapons attacks has people start to discuss what legal responsibilities should be borne by those who are responsible for the attacks,so as to make the prohibition more effective and more deterrent.Taking the recent chemical weapons attacks in Syria as an example,this thesis,by combining the theory with the practice,discusses international rules violated by different subjects in their implementations of chemical weapons attack,thus leading to possible legal consequences for the responsible party.Therefore,it is of great practical significance to study the international responsibility for the implementation of chemical weapons attacks.To be specific,apart from Introduction,this dissertation is divided into the following four parts:Part ?,“an overview of the use of chemical weapons”.In this part,the concept of chemical weapons and chemical weapon attack is firstly introduced.Secondly,by reviewing several serious chemical weapons attacks in human history,those harms brought by chemical weapons to mankind,environment and society are disclosed.The next passage makes a specific analysis of the "chemical weapons attack" in Syria.Through the investigation reports of the OPCW and the UN investigation team on facts and responsible parties,the suspected responsible parties of chemical weapons attacks in Syria are analyzed.Part ?,“an analysis of the rules of international law been broken by taking chemical weapons attacks”.Considering that the perpetrators of chemical weapons attacks are dividedinto states(governments)and non-state actors,this part of the paper respectively explores the rules of international law violated by states and the international law violated by non-state actors.The two subjects violate some common rules of relevant international law,but also violate some other laws separately.After analysis,both subjects have violated the relevant conventions in the field of international humanitarian law.The different parts will be elaborated in the text.Part ?,“the possible legal consequences of carrying out a chemical weapon attack”.This part is also divided into two main directions,the state subject and the non-state subject,respectively exploring the legal responsibilities they may assume.There are several possible consequences for a state(government)to carry out a chemical weapons attack.One is to take measures against a state party's conduct of a chemical weapons attack under the Chemical weapons Convention.Another one is sanctions imposed by the UN security council;In addition,there may be unilateral actions by third party states against the chemical weapon attacks.In the case of chemical attacks by non-state actors,officials of a state may accept the jurisdiction of the international criminal court and assume personal responsibility for their actions.In this part,by comparing the exploration of the Bashir case with those chemical weapons incidents in Syria,it is concluded whether the international criminal court has jurisdiction over the Syrian leader Assad at present.In addition,other non-state actors also take responsibility for their own actions.Part ?,“elaborating China's position on the chemical weapons attack”.This part first shows China's attitude towards chemical weapons attacks,that is,China opposes the use of chemical weapons by any country,organization or individual for any purpose under any circumstances.In accordance with the purposes and spirit of the charter of the United Nations,we always advocate the peaceful settlement of international disputes.China has made active efforts to resolve the chemical weapons crisis and made its own contribution to the world peace process.
Keywords/Search Tags:chemical weapon attack, Syria, responsibility of state
PDF Full Text Request
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