International Humanitarian Law and the US-China Rivalry: National Interests and Human Rights Linkage

Abstract

Abstract:The US government has shifted strategic focus from war on terror to great power contest with China and Russia. But there has not been corresponding thinking about the role of international humanitarian law (IHL) and the law of war (LOW) in the United States or China. Both IHL and human rights law (HRL) originated from Western legal traditions and advantage the United States and the West. China had to adapt and is now challenging the West-dominated international order, a major source of its tension with the United States. Both China and the United States invoked the Geneva Conventions against each other during the Korean War. The war took place seven decades ago, and much has changed since then. But it is the only precedent between the two great powers. LOW provides a structure for managing conflict between the great powers. In turn, a rivalry between the two greatest powers would make IHL narrowly based on national interests and weaken its linkage to human rights.