International Law ♦ 2006

China and the Laws of War: Patterns of Compliance and Disregard

Jamieson L. Greer

This Note begins with a chronology of Chinese law of war obligations. Regime change and development of the law of war have placed China under varying obligations during different international conflicts. After surveying China’s evolving legal obligations, the Note describes the PRC’s behavior in conflict and analyzes it with respect to the law of war. China’s behavior with respect to jus ad bellum, the law of governing the commencement of hostilities, and jus in bello, the law regulating the means and methods of war and the protection of non-combatants, is analyzed through the lens of the laws binding China at the time of the conflict. Case studies of several international conflicts in which the PRC has participated illustrate its respect for jus ad bellum and jus in bello. This Note looks at three clear instances of international conflict for analysis: the 1950 Korean War, the 1962 Sino-Indian War, and China’s 1979 invasion of Vietnam.