Files
Abstract
The rise of China can impact international humanitarian law (IHL). This thesis examines how China currently engages with IHL and what impacts and implications such engagement may have on IHL. Chinese approaches to IHL are of distinctive features and, for better or worse, have impacts and implications on IHL in various respects. Chinese approaches to IHL have taken shape under an array of factors: traditional Chinese military culture, Chinese Marxist military culture, the Chinese concept of sovereignty, the Chinese pursuit of reputation, and the Chinese doctrine of lawfare. The impacts and implications of Chinese approaches in five selected areas are looked into: the ad bellum/in bello relationship, the principle of distinction, the use of weapons, the protection of prisoners-of-war, and humanitarian assistance. First, China could demolish the conceptual wall between jus ad bellum and jus in bello. Second, China could further blur the line between military and non-military objectives. Third, China could substantially shape the process of outlawing certain controversial weapons. Fourth, China could impinge upon the protection standard of the law protecting prisoners-of-war. Fifth, China could alter the development of the norms governing State consent to humanitarian assistance.