CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE ATTITUDE OF THE PEOPLE’S REPUBLIC OF CHINA TOWARD INTERNATIONAL LAW is a new development in international law, as the law did not anticipate such non-state actors on the battlefield. China’s use of PMCs indicates a shift in attitude toward the deployment of military force abroad and an opportunity to exploit a loophole in international humanitarian law previously used by the United States and its allies in the wars in Afghanistan and Iraq. 115 There is a general feeling that as China becomes more powerful it will act more responsibly, thereby aligning its policies with international norms and western values. Unfortunately, there is no indication the current regime in Beijing is willing to relax the Chinese Communist Party’s grip on power and its strict control over the everyday lives of its citizens. On the contrary, at the 19 th Chinese Communist Party Congress, President Xi Jinping proclaimed that the CCP will be involved in all aspects of Chinese society. President Xi went to the extreme of including his philosophy in the Chinese Constitution, something only Mao did several decades ago. His goal is to make the Communist Party the dominant voice in Chinese politics indefinitely. 116 Whereas Xi Jinping proclaimed in his Davos speech his determination to preserve the post-war order created by the United States, considering the Trump administration’s retreat from multilateralism, Xi Jinping has been reluctant to make China more multilateral. He consolidated his powers in China and can be considered the most powerful Chinese leader since Chairman Mao. The People’s Congress also approved a measure that allows Xi Jinping to remain in office indefinitely. His domestic and international policies show an increasing appreciation for authoritarianism and intolerance for dissent or challenges to his rule. Although China has not been a model for the rule of law or respect for human rights, since Xi Jinping assumed the leadership of both the Communist Party and the Presidency, China’s human rights record has deteriorated significantly. Xi Jinping has abandoned the “One Country Two System” his predecessor signed with Britain when it relinquished control over Hong Kong. He has hand-picked all the territory’s Chief Administrators and curtailed the power of the National Assembly. Under Xi’s rule, there has been a significant erosion of democratic principles and the rule of law in Hong Kong. China has sought to curtail the civil liberties of Hong Kong residents, which they enjoyed under prior administrations. Xi Jinping has placed restrictions on press freedom, free speech, and freedom of assembly. Several prominent lawyers, booksellers, and human rights advocates have been kidnapped by Chinese secret police. Their whereabouts are usually unknown, and when they do resurface, they are coerced into making false confessions on state television admitting guilt for unspecified crimes, usually for violation of China’s vague national security law. 117 China does not play by the rules as is expected of all states. Its economic policy has allowed it to alleviate poverty and improve the living conditions of over eight hundred million Chinese citizens. However, millions of Chinese remain trapped in abject poverty. President Xi has made poverty eradication one of his top priorities and proposed a “common prosperity” program to close the widening gap between rich and poor, as China’s wealth gap continues to widen. Despite a growing middle class, the political system in China remains closed. Anyone 115 For a detailed analysis of the role Private Military Contractors played in Iraq, see, ELSEA, J. K. Private Security Contractors in Iraq: Background, Legal Status, and Other Issues , Congressional Research Service Report for Congress, (2008). 116 FULDA, A. “ The Chinese Communist Party wants It All ,” at https://foreignpolicy.com/2019/09/17/the-chinese communist-party-wants-it-all/. 117 RACHMAN, G. Why China’s Elite Tread a Perilous Path, Fin. Times , (Nov. 30, 2021), p. 17.

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