War and humanitarian responsibilities are a contradiction. However, wars have the international humanitarian law, or the law of armed conflict. The IHL is based on humanitarian principles rooted in our basic human senses and emotions that have evolved and developed in every culture around the world.
Chinese culture is no exception. Traditional Chinese culture has upheld that spirit, making a deep foundation for China’s armed forces to understand and abide by the IHL.
Historic tradition
In Chinese history, the benevolence of Confucius, universal love proposed by Motse, the benevolent governance of Mencius all embody Chinese respect for life. Since the founding of the People’s Republic of China, the People’s Liberation Army has inherited and developed the essence of China’s traditional humanitarian spirit, and included awareness and teaching of the IHL in the armed forces construction.
In the early stage of army building, China had the “three rules of principles and eight items of attention” that regulated the conduct of the armed forces. These are still maintained.
On the international stage, China’s armed forces have always upheld high standards. During the Korean War, Chinese troops gained a reputation for excellent treatment of foreign POWs. Also in the Sino-Indian border war in 1962 and the Sino-Vietnamese war, Chinese forces strictly abided by the Geneva conventions.
Practice
The Chinese government attaches great importance to the IHL, providing foundations for the armed forces to communicate and practice it.
China has acceded to the most important IHL treaties, and has actively promoted the process of treaty making, such as the Convention on Biological Weapons and the Comprehensive Nuclear Test Ban Treaty.
China has also actively participated in international war crimes tribunals. China voted to set up the International Criminal Tribunal for the former Yugoslavia in 1993, the International Criminal Tribunal for Rwanda in 1994, and the Special Court for Sierra Leone in 2000. China also supported UN resolutions to establish the International Criminal Court.
At home, China has been actively transferring the content and spirit of the IHL to domestic regulations. According to the 67th item of the National Defense Laws, “The People’s Republic of China complies with relevant treaties and agreements that China has concluded, acceded to, accepted in foreign military relations.” The National Criminal Law has strict penalties for wartime crimes of murder, robbery and maltreatment.
In November 2007, China set up the International Humanitarian Law National Commission to assist and advise the government, military and Chinese Red Cross on the communication and practice of the IHL. The 2008 China Defense White Book noted clearly that “related departments in the army will communicate and practice the IHL in the PLA under the organization and coordination of the IHL National Commission.”
Communication and promotion
The military is the platform for IHL education and training, as well as the executive body to promote IHL communication and practice.
The IHL is included in training outlines and official evaluation systems, with the translation and publication of books and articles and other training materials and brochures to ensure it is taught and evaluated scientifically. Some large-scale drills, including international joint exercises, include operations to protect civilian life and property. As China has been at peace for a significant time, IHL-related drills mainly focus on tasks such as courses before UN peacekeeping missions or escort operations in the Gulf of Aden and Somalian waters.
Organizations have been set up and legal counsel equipped according to the first additional protocols of the Geneva Conventions on recruiting legal counsels into the armed forces. China’s military has a special organization to manage legal counsels and services. One of their duties is to explain and promote the IHL and advise leaders on international humanitarian law, including providing legal counsel in wartime, and supervising IHL implementation in the army. As of 2010, the army had 1,342 lawyers and legal consultants.
The army has trained personnel to join international communication and cooperation. In 1989, Chinese military personnel were posted to the Geneva headquarters of International Committee of the Red Cross, and joined an IHL training course held at Sanremo International Humanitarian Law School in Italy. Many training courses have been held for both military and civilian personnel. The army’s academic research on IHL has also advanced.
The IHL has been widely communicated and observed in China’s military and civil society for decades. In future, China’s army will step up its responsibilities to communicate and abide by the IHL.
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