Ancient China and the Responsibility to Protect: An Under-Studied Topic of Legal History

Abstract

While the Responsibility to Protect (“R2P”) doctrine synergizes modern international law against atrocities, its legal underpinnings formed in Europe much earlier. Scholarship thus attributes R2P’s origin to the Just War traditions as early as the fourth century, which particularly endorsed external interventions against tyranny. The Ancient Chinese had championed similar ideas of Just War, encompassing jus ad bellum recognition of war against unworthy sovereigns and jus in bello. Nevertheless, the Chinese traditions charted a different course. While in Europe, Just War rationalized the interventionist protection of co-religionists during the Reformation and later of oppressed Christians ruled by the Ottomans; the Chinese humanitarian expedition was discontinued by the advent of the Qin Empire. As R2P literature largely ignores ancient Chinese doctrines and practice, this paper investigates how they veered away from the pre-Qin traditions. It particularly illustrates how “tyranny” was perceived differently, and why “atrocity” and “minority protection” appeared alien concepts.