The Real Attitude Of The Chinese Communist

Party Towards International Law

| by Lan Wuyou
Affirmation in words, negation in actions
( October 30, 2014, Zeng!ou, "ri Lan#a $uardian% &n today's wor(d, man#ind as de)e(o*ed
a common understanding of )a(ues (i#e freedom and democracy, e)en dictatorsi*s fee(
com*e((ed to ma#e c(aims of being free and democratic, e+ce*t tat tey ma#e u* a different
set of inter*retations to suit temse()es, -is is a(so true in te way tey treat internationa( (aw,
"uc regimes treat bot freedom and democracy as we(( as internationa( (aw in tis way, -e
wor(d as witnessed te conduct of te .inese .ommunist /arty, wic as neiter fu(fi((ed
its commitments and res*onsibi(ities to te internationa( community, nor as it uti(i!ed
internationa( ru(es to safeguard te (egitimate rigts and interests of te country, (et a(one
safeguarding te wor(d *eace and im*ro)ing uman rigts, -e ../'s reference to
internationa( (aw at e)ery turn of s*eec is an insu(t to te term and a umi(iation to te *eo*(e
of .ina,
On 0ebruary 11, 2014, te 2,3, Office of te 4ig .ommissioner for 4uman 5igts issued te
3126*age 75e*ort of te detai(ed findings of te commission of in8uiry on uman rigts in te
9emocratic /eo*(e's 5e*ub(ic of :orea,; detai(ing te atrocities suffered by te 3ort :orean
*eo*(e, raising a((egations of /yongyang's crimes against umanity, and *ro*osing tat te
&nternationa( .rimina( .ourt in)estigate and indict :im <ong6un and oter ig (e)e( officia(s,
"uc actions re*resent rigtfu( internationa( inter)ention in 3ort :orea's uman rigts
situation, 4owe)er, .ina stated tat bringing one country's uman rigts *rob(ems to te
&nternationa( .rimina( .ourt is not e(*fu( in im*ro)ing te uman rigts situation, and tat
7dis*utes witin te s*ere of uman rigts sou(d be managed by means of constructi)e
dia(ogue and coo*eration on te basis of e8ua(ity and mutua( res*ect ,; "uc c(ic=d (anguage
manifests .ina's *rotection of 3ort :orea, 3ort :orea is not a signatory of te 5ome
"tatute of te &nternationa( .rimina( .ourt, meaning tat a crimina( in)estigation into :im
<ong6eun and oters (i#e im wou(d re8uire te su**ort of te 2,3, "ecurity .ounci(, Witout a
doubt, te ../ wou(d twart suc an in)estigation,
.ina's s*ecia( status as a 2,3, "ecurity .ounci( *ermanent member state, >oining te ran#s of
te fi)e greatest countries, is a resu(t of te b(oody batt(e fougt by te army and te *eo*(e of
te 5e*ub(ic of .ina and teir acie)ements in Wor(d War &&, ../ armies were *assi)e
trougout te war, but too# te 23 "ecurity .ounci( seat after it won te ci)i( war and too#
o)er .ina, A *ermanent member state's *ower to )eto on im*ortant affairs of te wor(d is a
*ri)i(ege in terms of internationa( (aw, but e)en more, it is a res*onsibi(ity, Wit tis )eto
*ower, ../ as ard(y made any contribution to te g(oba( fami(y,
&nstead, it often uses it to aid e)i(6doers, (etting umanitarian crises unfo(d witout doing
anyting in te name of non6interference in oter countries' interna( affairs, &f not se(tered by
te .inese go)ernment, te :im dynasty in 3ort :orea wou(d a)e (ong co((a*sed, -e ../
*rotection of tis rogue regime as resu(ted in te e((is suffering of count(ess 3ort :oreans,
for wic te .inese *eo*(e sou(d fee( gui(ty and asamed, -ens of tousands of innocent
*eo*(e a)e been sacrificed because .ina and 5ussia )etoed sanctions im*osed on "yria by
te 2,3, "ecurity .ounci(, Wen 5ussia f(agrant(y in)aded .rimea, .ina turned a b(ind eye,
-e ../ as emb(a!oned many infamous dictators as 7o(d friends,; wi(e ma#ing enemies of
ci)i(i!ed nations,
4iding 9isonorab(e ?ea)iors beind O**ortunism
-e ../'s so6ca((ed res*ect for nationa( so)ereignty and noninterference in oters' interna(
affairs is a sam,
@odern internationa( (aw as (ong sifted from em*asi!ing nationa( so)ereignty abo)e a(( e(se
in te *ast to onoring and *rotecting uman rigts on a g(oba( sca(e, 4uman rigts (aw is an
im*ortant com*onent of internationa( (aw, -e 7&nternationa( .on)ention on Aconomic, "ocia(
and .u(tura( 5igts; (&.A".5% and te 7&nternationa( .on)ention on .i)i( and /o(itica(
5igts,; *assed by te 2,3, $enera( Assemb(y in 1BCC, com*rise te bac#bone of internationa(
uman rigts (aw, &n 1BBD, .ina's "tate .ounci( signed te &.A".5E owe)er, to tis day, it
as not been ratified by te 3ationa( /eo*(e's .ongress, effecti)e(y sta((ing im*(ementation of
te .on)ention, A)en toug te &.A".5 as com*(eted te ratification *rocess, its
im*(ementation as fa((en far sort of te re8uirements of te .on)ention,
-a#ing *art as a member state in 2,3, 4uman 5igts .ounci('s 7uni)ersa( *eriodic re)iew;
system, .ina on te one and *roduces fa(sified, )acuous nationa( uman rigts re*orts to foo(
te internationa( community, and on te oter, su**resses acti)ists wo are tru(y wor#ing to
defend uman rigts, -is is an im*ortant indication of ow .ina fai(s to abide by
internationa( (aw and fu(fi(( its commitments,
0or one to *rofess to be (aw abiding, yet to refuse to abide (ega( >urisdiction in fa)or of one's
own >udgment and o*erate so(e(y based on one's own 7inter*retations; 6 can we rea((y concede
tat suc an indi)idua( is (aw abidingF ?ut tis is e+act(y ow te ../ o*erates, 9ee* down,
te ../ ne)er trusts internationa( (aw, and re>ects te enforcement of internationa( >udicia(
institutions wit te e+cuse tat 7negotiation and consu(tation as a means of sett(ing
internationa( dis*utes; is better, -o date, te ../ as yet to submit a sing(e dis*ute to te
internationa( court, .ina signed te 72,3, .on)ention on te Law of te "ea; (23.LO"%, yet
refused to acce*t >udicia( and arbitration >urisdiction regarding maritime boundary and
territoria( dis*utes, Wen te /i(i**ines fi(ed a com*(aint against .ina in te &nternationa(
-ribuna( for te Law of te "ea, .ina duc#ed its ead and refuses to get in)o()ed, -oug
.ina *artici*ated in te estab(isment of te &nternationa( .rimina( .ourt, it )oted against te
7&nternationa( .rimina( .ourt 5ome "tatute; and refused to become a signatory because it is
(eery of uni)ersa( >urisdiction, crimes committed during ci)i( wars, *eacetime crimes against
umanity, and te *rosecutors' rigts to conduct inde*endent in)estigations,
A(( for te 3eed to @aintain a $ri* on /ower
Wy does te ../ re>ect uni)ersa( >urisdictionF 2ni)ersa( >urisdiction is an im*ortant *rinci*(e
of internationa( (aw, under wic any country as te rigt to e+ercise crimina( >urisdiction
o)er serious offenses tat arm te common interests of man#ind, inc(uding genocide, torture,
war crimes and crimes against umanity, regard(ess of te (ocation of te offense or nationa(ity
of te offender, .ountries may a(so estab(is s*ecia( internationa( mecanisms to *rosecute and
try suc offenders, 2ni)ersa( >urisdiction *roibits offenders from using so)ereignty as an
e+cuse to a)oid *ersecution, &n recent years, .inese officia(s a)e been tried outside of .ina
for crimes suc as *ersecution of 0a(un $ong *ractitioners and etnic minorities, On 0ebruary
10, "*ain's 3ationa( .ourt issued an internationa( order of arrest for <iang Zemin and Li /eng,
among oters,
A(toug tis #ind of in)estigation is un(i#e(y to resu(t in *unisment for te offender due to
../ interference, it sti(( confronts te arrogance of tese e)i(6doers and ser)es as a #ind of
deterrent,
&n te face of internationa( conf(ict or e)ents tat a)e been internationa(i!ed, te ../ wi(( not
uti(i!e internationa( ru(es and regu(ations to figt for fair rigts and benefits of .ina as a
country, wi(( not direct(y face *rob(ems, and wi(( on(y act of its own accord, -e "out .ina
"ea issue as undoubted(y become internationa(i!ed since ear(y on, but te ../ insisted on
se(f6dece*tion wi(e decei)ing oters, *utting .ina in a difficu(t *osition, -is i((ustrates ow
te ../ doesn't rea((y a)e te interest of te country in mind, Weter it's te 7setting aside
of territoria( dis*utes for te time being; of 9eng's era, or Gi <in*ing's e+treme(y *ro)ocati)e
*osturing, neiter is out of consideration for .ina's nationa( interest, 5ater, tey ser)e te
*o(itica( needs of te *arty, and te needs to *rotect its reign, -e ../'s refusa( to act in
accordance wit internationa( norms in fa)or of rec#(ess abandon not on(y gi)es te
internationa( community a )i(e im*ression of .ina tat cou(d (ead to furter iso(ation, but a(so
causes .ina to forfeit so)ereignty and umi(iate itse(f at te same time, &n te /arty's )iew,
internationa( (aw is noting more tan a too( for *ub(ici!ing and demonstrating te officia(
*osition, -e /arty does not *ermit te e+istence of oter *oints of )iew, sco(ars ard(y a)e
any inde*endence, and te *ub(ic is ard *ressed to find com*(ete and neutra( ana(ysis from te
*ers*ecti)e of internationa( (aw to understand wat te cru+ of te issue is,
"ome be(ie)e tat today's .ina is simi(ar to $ermany 100 years ago, and tere is some trut in
tis assessment, &n <anuary of tis year, .ina and <a*an cursed eac oter as 7Lord
Ho(demort,; &t seems to me tat, toug <a*an's mi(itarism once inf(icted catastro*es on its
neigbors, its *ost6war constitutiona( system sea(ed it away and *re)ents it from reoccurring,
?ut te .inese .ommunist /arty, ru(er of te *resent6day .ina, is a current crimina( wic is
not cec#ed domestica((y by te wi(( of te .inese *eo*(e and wic does not onor te ru(es
of te internationa( (aw, "ti(( sort on rea( strengt, it as not been engaging in aggressi)e
e+*ansion, but trougout, dictatorsi* not on(y arms te .inese *eo*(e, it is a(so a treat to
te region and te wor(d,
&nternationa( (aw is 7soft; on strengt, and te >ob of defeating 7Ho(demort; wi(( a)e to re(y
on te *eo*(e of .ina, ?ut internationa( society cannot continue to subscribe to te *o(icy of
a**easement, -e 23 as to be reformed to rea((y *(ay its ro(e in *romoting *eace and
de)e(o*ment in te wor(d witout being mani*u(ated by a few rouge states, .ina wi(( not be
an accountab(e and res*ected country in te wor(d unti( it becomes a free and democratic
country,
Lan Wuyou (% is a (ega( *rofessiona( (i)ing in Zeng!ou,