CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE ATTITUDE OF THE PEOPLE’S REPUBLIC OF CHINA TOWARD INTERNATIONAL LAW peace and security. 54 As a Permanent Member of the Security Council, China can influence what measures the Security Council can and cannot take. China can exercise its veto to block resolutions of the Security Council to maintain international peace and security. Given China’s staunch defense of state sovereignty, it seldom comprises internal situations that may pose a threat to international peace and security. China has vehemently opposed attempts by the Security Council to condemn the situation in Myanmar following the military coup in February. 55 China has sought to prevent the emergence or implementation of new norms such as the “Responsibility to Protect (R2P)”, which recognizes humanitarian crises as a threat to international peace and security. 56 China has blocked Kosovo Albanians’ right to self-determination through secession. China does not support free and fair elections as a fundamental human right. Under its new national security law, China imposed strict measures on the rights of Hong Kong citizens to exercise their democratic rights to elect candidates of their choice to the National Assembly, and who can run for office in the territory. China conducts arbitrary arrest and detention without charge and holds detainees for an extended period before informing them of why they are being detained or allowing them access to a lawyer. There is no right to due process in China, and everyone charged with a crime is convicted. Under Xi Jinping’s leadership, China has established a mass surveillance state in which all aspects of Chinese life are monitored. The CCP has established absolute control over all internet activities and determines what content to authorize and what not to. 57 Chinese citizens have no civil liberties unless approved by the CCP. China opposed efforts by the United Nations to intervene in the humanitarian crisis in Myanmar, following the mass expulsion of Rohingyas from their home state in Rakhine. China deemed the crisis an internal matter for which the United Nations has no jurisdiction. 58 After the February 1 st , 2021 coup in Myanmar, China issued a mild statement in which it neither condemned nor condoned the coup. Instead, it said this was an internal matter for the people of Myanmar to settle themselves and that external powers should stay out. China and Russia have both blocked the Security Council from adopting a resolution to condemn the coup and impose sanctions on the regime. 59 However, China supported the Presidential Statement which called for the regime to respect the right to peaceful protest, the need for dialogue, and for all sides to refrain from violence. 60 China refused to recognize Kosovo’s declaration of independence, and along with Russia, has blocked Kosovo’s application for membership in the United Nations. 61 China has opposed Kosovo’s application for membership in the United Nations and believes a vote in favor of Kosovo’s membership in the United Nations could 54 JOHNSTONE, I. “Legislation and Adjudication in the UN Security Council: Bringing Down the Deliberative Deficit,” 102 AJIL (2008), p. 275. 55 FELTMAN, J. China’s Expanding Influence in the United Nations, and How Should the United States React, at https://brookings.edu/research/chinas-expanding-influence-in-the-united-nations-how-should-the-united-states react/ (Sept. 21, 2020). 56 WU, Chenggiu. “Sovereignty, Human Rights, and Responsibility: Changes in China’s Response to International Humanitarian Crises,” 15 Journal of Chines Political Science (2010), p. 71. 57 OLCOTT, E. China Censor Extends Influence Over Creators, Fin. Times, (Dec. 31, 2021), p. 8. 58 China’s Role in Myanmar’s International Conflicts , @ https://www.usip.org/publications/2018/09/chinas-role myanmars-internal-conflicts. 59 China and Russia voted against Security Council resolution to condemn the military junta in Myanmar. 60 Security Council Presidential Statement (S/PRST/2021/5). 61 See China’s Written Statement on Advisory Opinion on Kosovo Unilateral Declaration of Independence, @ https://www.icj-cij.org/files/case-related/141/15611.pdf, (Apr.16, 2009).

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