III. Rule of Law, Human Rights and Democracy

    1. Responsibility to Protect

    - Each state shoulders the primary responsibility to protect its own population. However, internal unrest in a country is often caused by complex factors. Prudence is called for in judging a government's ability and will to protect its citizens. No reckless intervention should be allowed.

    - When a massive humanitarian crisis occurs, It is the legitimate concern of the international community to ease and defuse the crisis. Any response to such a crisis should strictly conform to the UN Charter and the opinions of the country and the regional organization concerned should be respected. It falls on the Security Council to make the decision in the frame of UN in light of specific circumstances which should lead to a peaceful solution as far as possible. Wherever it involves enforcement actions, there should be more prudence in the consideration of each case.

    2. International Criminal Court

    - China supports the establishment of an International Criminal Court characterized by its independence, impartiality, effectiveness and universality, capable of punishing the gravest international crimes.

    - In view of some deficiencies in the Rome Statute of the International Criminal Court which may hinder the just and effective functioning of the Court, China has not yet acceded to the Statute. But we still hope that the Court will win the confidence of non-Contracting Parties and wide acceptance of the international community through its work.

    -The Security Council should act with prudence as to whether to refer a certain situation to the International Criminal Court.

    3. The International Court of Justice

    - China is in favor of strengthening the role of the International Court of Justice, improving its working methods and enhancing its efficiency. The right of each country to choose freely peaceful means to settle disputes should be respected.

    4. Human rights

    - China is in favor of and supports the reform of UN human rights bodies. The essence of the reform is depoliticizing human rights issues, rejecting double standards, reducing and avoiding confrontation and promoting cooperation, so as to gear more resources to human rights technical cooperation projects and countries' human rights capacity building.

    - Equal importance should be given to the economic, social and cultural rights on the one hand and the civil and political rights on the other. Emphasis on one category of human rights to the neglect of the other should be redressed.

    - The UN Commission on Human Rights has played an important role in the area of international human rights. Its role and contribution should not be denied.

    - The UN human rights bodies must abide by the principle of equitable geographical distribution in their composition to ensure broad representation. To have a small "Human Rights Council" to replace the Commission may not possibly overturn the serious "credit deficit" in the human rights area. It is necessary to conduct serious discussions on ways to improve the work of UN human rights agencies.

    - China agrees to the global program to equip United Nations inter-agency country teams to work with Member States to bolster their national human rights promotion. The "country teams" should respect the sovereignty and laws of Member States, give full consideration to the actual needs of Member States in the human rights area and take the capacity building of Member States as the objective. An annual report on the work of the "country teams" should be submitted for the deliberations of Member States.

    - China supports the High Commissioner for Human Rights in playing a more active role in the UN system within his/her term of reference. The Security Council and the proposed Peacebuilding Commission can invite, if needed, the High Commissioner to participate in relevant deliberations.

    - The Office of the High Commissioner for Human Rights should be granted adequate resources to strengthen its capability to perform its functions. Meanwhile, its funds should be used more efficiently. The composition of the Office of High Commissioner for Human Rights should better reflect the principle of geographical equality so as to win broader support of Member States.

    - China is in favor of reforming the current reporting and reviewing system so as to avoid redundancy of various treaty bodies' work and lighten the burden on Contracting Parties. A working code should be formulated for treaty bodies to strengthen communication and dialogue with Contracting Parties.

    5. The proposed "Democracy Fund"

    - The Secretary-General should first give explanations of the source, rules of use, and assessment procedure of the proposed "Democracy Fund" for the benefit of further discussions.

    - China disagrees with the classification of countries into "democratic" and "non-democratic" nations.

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