How did you come to choose your research topic?

International humanitarian law (IHL) is a branch of international law governing the conduct of armed conflict, with a humble humanitarian goal of alleviating suffering resulting from armed violence. My idea to examine the interaction between IHL and China came to my mind when I was doing an internship with the ICRC in 2017. One of my tasks throughout the internship was to collect and analyse China’s practice of IHL. I got the initial impression that Chinese authorities understand some IHL issues in a manner quite different from the mainstream approach. I became curious about the reasons for and implications of such disparities. It was this experience that prompted me to draft a preliminary research proposal on the present topic. After joining the Institute, I began to discuss my research plan with my supervisor, Professor Paola Gaeta, who was incredibly encouraging and supportive. Benefiting from her insightful feedback, I eventually got a clear idea of how I should proceed.

Can you describe your thesis questions and the methodology you use to approach those questions?

My thesis focuses on three research questions. I start by describing Chinese approaches to IHL. I pinned down several factors that have shaped them into a distinctive system. Having explored Chinese approaches, I then look into the positive and negative impacts and implications they have on various fields of IHL. This is the centrepiece of my thesis. There I select five issues for discussion: the relationship between IHL and the law governing the use of force, the principle of distinction, the use of weapons, the protection of prisoners of war and humanitarian assistance. Finally, I attempt to make certain recommendations in response to the impacts and implications of Chinese approaches. 
To decipher Chinese approaches to IHL, interdisciplinary analysis is the order of the day, because this first research question cannot be properly investigated without integrating knowledge and modes of thinking from non-legal disciplines, including philosophy, history, international relations and military strategy. In contrast, to answer the second research question – the impacts and implications of Chinese approaches –, the traditional legal analysis and the critical method take over, for that part primarily covers critical assessments of the understanding, interpretation and application of existing norms and the understanding and making of future norms.

What are your major findings?

I find that China has demonstrated a clear pattern of behaviour when engaging with IHL. As a departure point, China has subscribed to the principles and spirit of IHL, displaying overall reverence for and open-mindedness towards this body of law. China has also developed its own doctrine of lawfare, whose core is to use IHL as a tool to fulfil certain political and military goals. It has also embraced a sovereignty-centric approach to IHL, resisting the expansion of the scope of the law regulating civil war and downplaying the role of third-party institutions and mechanisms. Of course, partially out of reputational concerns, China has refrained from challenging widely agreed treaty norms of IHL, supported the development of customary IHL, and tried to improve its compliance record.

I show at length that Chinese approaches might have important impacts and implications on certain IHL issues. China could demolish the conceptual wall between IHL and the law governing the use of force, further blur the line between military and non-military objectives, substantially shape the process of outlawing certain controversial weapons, impinge upon the protection standard of the law of prisoners of war, and alter the development of the norms governing State consent to humanitarian assistance. By way of illustration, China has expressed its general understanding about the role IHL can play in regulating “killer robots” on the battlefield: the use of such weapons may not be compatible with some key IHL norms, including the principle of distinction, the principle of proportionality and the Marten Clause. There is no doubt that the legal regulation of “killer robots” is a question that is being heatedly debated among scholars and practitioners. As one of the main stakeholders, China’s attitudes are doomed to affect the shaping of relevant legal norms in this field.

To strengthen the IHL system in view of China’s engagement, I believe that it is always necessary for China and the West to better understand each other’s concerns behind their respective positions. Also, concrete measures for deeply engaging China in the development of IHL should be undertaken. The ICRC, whose regional headquarters are functioning in Beijing, may play a bigger role in this regard. Lastly, concerning key IHL norms in particular, consensus among members of international society on their interpretations should be reached as soon as possible.

What could be the academic and the policy implications of your thesis?

My thesis is expected to make contributions to IHL as a discipline and as a body of law. From the disciplinary angle, this thesis enriches the corpus of IHL. It covers a huge research gap by dealing with an as-yet undeveloped research topic in a comprehensive fashion. This thesis also supplements academia with fresh research materials in Chinese, which could broaden the horizon and stimulate unconventional thinking among scholars. Additionally, by taking China as an example, I also aim to bring to light the cultural bias in IHL under the myth of universality.

From the normative perspective, this thesis helps tackle certain challenges that IHL faces. IHL has faced multiple challenges nowadays, posed by States and non-State actors alike. Studying China’s engagement with this legal regime can be thought-provoking. Concerning Chinese approaches that are more humane or progressive than existing IHL norms or interpretations, this study may directly provide ideas on how to further reform corresponding norms and strengthen their effectiveness; as to Chinese positions that are unreasonable or anachronistic, this study would demonstrate the urgent needs for working out proper solutions to those challenges.

The practical significance of this thesis takes root in China’s growing weight in the global order. All the major military powers of the world have the potential to heavily impact the destiny of IHL. China is no exception. Nowadays, China has commenced an unprecedented campaign of becoming a “norm entrepreneur” in the international community. Thus, studying China’s engagement with IHL can help tackle the threats to the dignity and well-being of victims in the cauldron of war. Also, for decision-makers in IHL-related institutions such as the UN, the ICRC and international tribunals, this thesis may offer insights on how to further engage China in humanitarian affairs, and adjust their policies and strategies accordingly.

What are you doing now?

I have recently joined a Chinese law school as a lecturer, so I will continue researching and lecturing in public international law.

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Zhuo Liang defended his PhD thesis in International Law in September 2022. Professor Andrew Clapham presided the committee, which included Professor Paola Gaeta, Thesis Supervisor, and Professor Bing Bing Jia, School of Law, Tsinghua University, Beijing, China. 

Citation of the PhD thesis:
Liang, Zhuo. “Mercy of the Dragon: China’s Engagement with International Humanitarian Law.” PhD thesis, Graduate Institute of International and Development Studies, Geneva, 2022.
For access, please contact Dr Liang at zhuo.liang@graduateinstitute.ch.

Interview by Nathalie Tanner, Research Office.
Banner picture: excerpt from an illustration by 9comeback/Shutterstock.com.