CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE ATTITUDE OF THE PEOPLE’S REPUBLIC OF CHINA TOWARD INTERNATIONAL LAW without considering their human rights policies or the nature of the regime. This has given China leverage over these countries and an advantage over western governments and western financial institutions. However, these loans are leaving many of the borrowers unable to pay because their debt-GDP ratio far exceeds their ability to pay. China has consistently opposed Security Council measures to end atrocities or gross violations of human rights in countries, which it deems exceed the jurisdiction of the Security Council. Even in situations such as Darfur, Syria, Yemen, Timor-Leste, Kosovo, Haiti, Rwanda, Bosnia, and Cambodia, China has steadfastly refused to support the United Nations’ intervention on humanitarian grounds. China supported SC Res. 1971 (2011) to refer the situation in Libya to the International Criminal Court (ICC) and abstained on SC Res. 1973 (2011), which authorized NATO to intervene in Libya to prevent the Gaddafi regime from killing large numbers of civilians in Benghazi. 81 However, since the Libyan situation, China has hesitated to support any new Security Council resolutions authorizing military intervention for humanitarian purposes out of concern it may lead to regime change in other countries. China is also concerned about setting a precedent in which the Security Council will make referrals to the ICC against leaders accused of genocide, war crimes, or crimes against humanity, as seen in Sudan against Al Bashir. China is quick to invoke the principles of sovereignty and non-intervention to shield itself and its allies from international scrutiny and to protect itself from international condemnation for its human rights violations in Tibet and Xinjiang Province. China has used its membership in the United Nations Human Right Council (UNHRC) to essentially block attempts by the United Nations to scrutinize its human rights policy or to investigate allegations of rights abuse by Chinese authorities. China aligns itself with some of the most repressive regimes in the Council to sponsor resolutions, amendment resolutions, or to weaken criticisms of its human rights policy and that of its allies. China has also tried to prevent the Council from expanding the human rights system or giving greater protection to human rights defenders or civil society. Finally, China has threatened to cut off funding for the Council and various United Nations peacekeeping operations with human rights units. 82 China uses bribery, coercive measures, and threats to force countries to vote along with it on the Council. China uses its vote in international organizations as diplomatic leverage to get candidates to be sympathetic to its foreign policies and would vote against candidates who did not support its policies. How the head of the World Health Organization (WHO) responded to the outbreak of Covid-19 is a classic example of how candidates who were supported by China must kowtow to China to receive China’s vote. There is a perception that Dr. Tedros Ghebreyesus was not critical of China’s lack of transparency over the severity of the virus to avoid antagonizing China. A visit in March 2021 by a WHO delegation to investigate the origin of the pandemic returned with an inconclusive report. China had to approve the findings before the report was released, and the team was not allowed to conduct an independent investigation. The United States and the EU, and several research scientists expressed concerns about the report and called for further investigation. China uses its veto on the Security Council to vote against countries that criticize its human rights policy or continue to maintain diplomatic relations with Taiwan. China voted

81 See S/RES. 1973 (2011). 82 Ibid.

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