Study On The Legal Issues Of Suspension Of Membership Of The United Nations Human Rights Counci

As an independent body replacing the CHR,the HRC is mainly responsible for dealing with international human rights issues within the UN system and deliberating the human rights situation of various countries.It has a unique legal status in the international community.Countries actively seek membership in the HRC,which not only recognizes a country’s ability to govern human rights,but also plays an important role in elevating its international status.The question of membership of the HRC should be handled more carefully.Libya,the first country to be suspended from the HRC,has gone through an important example,but Russia is far different from Libya in its decision to suspend its membership.In the first chapter,this paper introduces the HRC as a whole,discusses the process of suspending the membership of Libya and Russia,and explains the different attitudes of China on the issue of suspending the membership of the HRC twice.In the second chapter,by comparing the procedures of Libya and Russia in the suspension of the membership of the HRC,this paper summarizes the procedural and substantive flaws in the suspension of the membership of the HRC,and discusses and proposes the reflection on these issues.The procedural defects of the HRC on the question of suspending the membership include: the procedure of convening the special session of the HRC,the recommendation of the HRC and the resolution procedure of the emergency special session of the General Assembly;The substantive defects of the HRC on the issue of the suspension of membership mainly include:the flaw in the identification of facts in the working mechanism of the HRC,the difference in the standards applied to human rights issues,and the lack of remedies after the suspension of the membership of the country concerned.Through the discussion of procedural and substantive defects,this paper argues that the reason for the above problems in the HRC is that political antagonism gradually affects the operation of the HRC and aggravates its institutional instability.At the same time,the internal working mechanism of the HRC is not efficient and needs to be improved.On this basis,in the third chapter,this paper puts forward corresponding suggestions from the two aspects of improving the internal working mechanism and promoting the external status of the HRC.It is believed that the HRC can give full play to the synergistic effect of special procedures and the Advisory Committee in its internal working mechanism,and at the same time establish a hierarchical evaluation system,cooperate with other human rights institutions to solve emergent human rights problems,and provide the States concerned with additional means of relief such as investigation period,complaint system or the possibility of bringing a lawsuit to the International Court of Justice.Finally,combined with the current international environment,the paper summarizes the enlightenment for China to develop its own human rights cause and avoid human rights accusations from other countries.This paper holds that China can combine the principle of universality of human rights with reality on the basis of its own traditional harmonious thought,take the road of human rights development with Chinese characteristics,promote the development of global human rights governance,and enhance China’s position in the human rights governance mechanism.