Lecture Notes in Education Psychology and Public Media
- The Open Access Proceedings Series for Conferences
Lecture Notes in Education Psychology and Public Media
Vol. 46, 19 April 2024
Open
Access | Article
Analysis of the Application of the Responsibility to Protect in International Law
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Abstract
Since the establishment of international organizations, international humanitarian intervention has been widely used in dealing with international disputes, until it was first introduced in written form in the World Summit Outcome in 2005, which emphasized the need to establish broader collective security and was endorsed by heads of State. However, in the process of applying the responsibility to protect, many problems have been shown, such as the problem of "inhumane" consequences caused by forceful intervention; the problem of deficiencies in the application procedure; the problem of ambiguity in the interpretation of the responsibility to protect, etc. This paper is based on the practice of the international community, and analyzes the solutions to the problems of the current situation in the light of typical cases. In the application of the responsibility to protect, the basic principles of international law should be taken into account, and in the process of interpretation, the concept of "three pillars" should be followed when the concept of the responsibility to protect was put forward, so as to prevent the expansion of interpretation. The procedure of the responsibility to protect should be optimized, with the establishment of a professional assessment body "ex-ante" to strike a balance between legitimacy and efficiency, the improvement of the monitoring mechanism "in the middle of the process" to ensure the smooth implementation of interference, and the improvement of the accountability mechanism "ex-post" to prevent interference from occurring. "Improve accountability mechanisms to prevent abuse of the right to intervene and ensure that all peaceful means have been exhausted before intervening by force, so as to promote the better application and development of the responsibility to protect in today's world.
Keywords
Responsibility to protect, Humanitarian intervention, Military intervention, International Humanitarian
References
1. Li, B. J. (2005). Study on the Principle of Non-interference in Internal Affairs (Doctoral dissertation, WuhanUniversity).https://epub1.yyttgd.top/KCMS/detail/detail.aspx?dbname=CDFD9908&filename=2006035283.nh
2. Yu, J.X. (2020). Study on the "Responsibility to Protect" in International Law (Master's thesis, Qingdao University).https://epub1.yyttgd.top/KCMS/detail/detail.aspx?dbname=CMFD202101&filename= 1020385239.nh
3. Cao, W. W. (2018). Responsibility to Protect in the Perspective of International Law (Master's thesis, Nanjing University of Finance and Economics). https://epub1.yyttgd.top/KCMS/detail/detail.aspx?dbname=CMFD201901&filename=1019010646.nh
4. Wang, G.Q & Li, S.Y. (2016). On the International Law Attributes of the Responsibility to Protect. Journal of China Institute of Labor Relations(01),96-103.
5. Gao, R. (2015). On the New Challenges to the Principle of Non-Interference in Internal Affairs in International Law. Journal of Jiangnan University (Humanities and Social Sciences Edition)(05),41-46.
6. Zhang Y. (2014). On the status of "responsibility to protect" in international law (Master's thesis, East China University of Political Science and Law). https://epub1.yyttgd.top/KCMS/detail/detail.aspx?dbname=CMFD201501&filename =1015553800.nh
7. Zhu, Y. N. (2020). The responsibility to protect: evolutionary logic, legal nature and China's position. Shenzhen Social Science (01), 136-150.
8. Yi, Q & Wang, L. (2017). The responsibility to protect in the rules of international law. Shanxi Youth (07),128.
9. Wang, W. (2020). Study on exceptions to the principle of prohibition of the use of force in international law. Journal of Henan Normal University (Philosophy and Social Science Edition) (03), 78-84. doi:10.16366/j.cnki.1000-2359.2020.03.012.
10. Wang, Y. P. & Zhang, M. H.. (2020). A study on the legitimacy of humanitarian intervention. China economic and trade guide (in Chinese) (05), 153-155.
11. Wang, Y. P. (2020). Research on the legitimacy of humanitarian intervention. Journal of Shanxi Police Academy (01),21-25.
12. Huang, Z. Y. (2022). Research on the international humanitarian law regime of cross-border counter-terrorism (Master's thesis, East China University of Political Science and law) https://epub1.yyttgd.top/KCMS/detail/detail.aspx?dbname=CMFD202302&filename=1023454798.nh
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-361-6
- ISBN (Online)
- 978-1-83558-362-3
- Published Date
- 19 April 2024
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/46/20230583
- Copyright
- 19 April 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited