The Theoretical Basis And Practical Investigation Of The Responsibility To Protect

The Responsibility to Protect is a new concept of international law,born in the contradiction between the principle of national sovereignty and the principle of human rights protection,and has been actively applied in events such as the Libyan crisis.In international relations,a state’s protection of its own security and that of its inhabitants is a basic requirement of state sovereignty.However,if a state is unable or unwilling to fulfill its responsibility to protect its own people,the international community has the responsibility to take action to protect its people from harm in accordance with the Charter of the United Nations.This is the connotation of the responsibility to protect.Since the "International Commission on Interference and State Sovereignty" first put forward this concept in 2001 and reaffirmed it at many world conferences,although it is still a political consensus and not yet binding by international law,it has developed into a norm of international customary law.At present,there are many differences in the legitimacy and specific application of the responsibility to protect,and the practical results and theoretical conception differ greatly.The impact of the responsibility to protect on the traditional principles of international law lies in that when a humanitarian disaster occurs in a country,the recognition of the international community’s responsibility to take protective measures against the people of that country without its consent may be contrary to the traditional principle of state sovereignty.If the principle of the responsibility to protect can be developed into a binding international law norm in the international community and fulfill its value at the practical level,it can effectively prevent and deal with the occurrence of humanitarian crisis,so as to protect human rights and the peace and security of the international community.Therefore,it is necessary to further supplement and improve the theoretical basis and practical system of the responsibility to protect.To solve the application dilemma of the principle of responsibility to protect,we should start from two aspects: theory and practice.On the theoretical level,it is necessary to focus on the evolution process of the responsibility to protect,clarify the theoretical differences of the responsibility to protect,sum up the theoretical disputes,discuss the concept of sovereignty and human rights under the responsibility to protect,and take the foothold of the two--human security as the basis of its legitimacy,to clarify the effectiveness of the principle of the responsibility to protect in international law,which is a necessary task to make it effective.On the practical level,through the analysis of the cases of the application of responsibility to protect such as the Libyan crisis and the Syrian war,the application effects,opinions and existing problems of various intervention means are discussed,so as to propose practical coping strategies for the system of responsibility to protect.It is necessary to strengthen the system of responsibility to protect from the two aspects of clarifying the subject responsibility and operation mechanism.The responsibilities of sovereign states and the international community should be clarified,and the operational mechanism should be improved and detailed,focusing on the construction of a responsibility mechanism for prevention and reconstruction.