CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE ATTITUDE OF THE PEOPLE’S REPUBLIC OF CHINA TOWARD INTERNATIONAL LAW relations with Taiwan. China has withheld diplomatic recognition or financial support to countries that continue to maintain diplomatic relations with the government in Taipei. It vetoed resolutions in the Security Council that sought to condemn the practices and policies of its allies or itself. China has used its financial power to win the backing of developing countries to vote against resolutions before the United Human Rights Council condemning China’s human rights record. China has also sought and secured seats on several key agencies in the United Nations or other international institutions. Chinese nationals now head three UN Specialized Agencies (ICAO, FAO, UNIDO), and the Department of Economic and Social Affairs. China has supported Security Council resolutions against terrorism, specifically Security Council resolutions 1368 (2001) and 1373 (2001). However, China did not support the United States-led invasion of Afghanistan. As a major investor in U.S. treasury bonds, China is indirectly financing the U.S. wars in Afghanistan, Iraq, and Syria. China opposed the NATO led invasion of Serbia in 1999, which was intended to stop Serbian atrocities against ethnic Albanians in Kosovo. It shifted its stance on the conflict after U.S. warplanes inadvertently bombed its embassy in Belgrade. China did not veto Security Council resolution 1244 (1999) which authorized the deployment of the United Nations Mission in Kosovo (UNMIK) as the governance and security regime for Kosovo. Notwithstanding the ICJ Advisory Opinion upholding Kosovo’s unilateral declaration of independence as legal under international law, and Kosovo being recognized by over one hundred nations, including the United States and most EU member states, China has refused to recognize Kosovo’s independence and has joined Russia in blocking Kosovo’s admission to the United Nations. 100 China has strongly opposed Security Council initiatives to end the war in Syria. It initially supported limited sanctions against the Assad regime but vetoed all future resolutions to impose more stringent sanctions or to refer the Assad regime to the International Criminal Court. For China, the conflict in Syria is an internal matter for which the Security Council lacks jurisdiction. Twice China and Russia joined to veto Security Council resolutions that would have authorized the Council to impose stronger measures against the Assad regime. 101 China is a strong supporter and long-time ally of President Assad and sees any attempt to bring about regime change in Syria as detrimental to its geopolitical influence in the region. Hence, China is in part helping Assad prolong his tenure in office and is complicit in his brutal campaign against his people. China felt betrayed by the U.S. and the EU after they used the Security Council resolution 1973 (2011) to bring about regime change in Libya. China reluctantly voted in favor of sanctions against North Korea for violating United Nations Security Council resolutions, but it has not exerted the necessary pressure on the North Korean regime to force it to adhere to its international obligations under the Non Proliferation Treaty (NPT), requiring it to dismantle or halt its nuclear weapons program, and to allow for on-site inspection. Nor has China pushed North Korea to comply with Security Council demands. North Korea continues to defy the international community with limited or no repercussions. China’s failure to discipline the North Korean regime can 100 KULISH, N., CHIVERS, C. J. Kosovo is Recognized by Some but Rebuked by Others , at https://www.nytimes. com/2008/02/19/world/asia/19asia.html. 101 See “ The Veto,” Security Council Working Methods , at https://www.securitycouncilreport.or/un-security-council working-methods/ (Dec. 16, 2020); Syrian Network for Human Rights Report: Russia and China’s Arbitrary Veto Use 16 Times Contributed to Killing Nearly a Quarter of a Million Syrians, the Arrest of Nearly 150,000 Others, and the Spread of Impunity, at https://www.sn4hr.org/blog/2020/07/17/55263/.

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