This is the first time an NGO has conducted an independent legal analysis of allegations of genocide in Xinjiang, including what Beijing can take responsibility for the alleged crimes. The preliminary copy of the report was seen only by CNN.
Azeem Ibrahim, director of Newlines ’special initiatives and co-author of the new report, says“ overwhelming ”evidence supports his claim of genocide.
“It’s a big global power whose leadership is the builder of genocide,” he said.
Article II of the Convention. Its article states that genocide is an attempt to commit acts aimed at “the total or partial destruction of a national, ethnic, racial or religious group”.
According to the convention, genocide can take place in five ways: by killing members of the group; causes serious bodily or mental injury to members of the group; deliberately creating living conditions that are expected to be completely or partially physically destroyed; the introduction of measures to prevent intra-group births; or forcibly relocating children in a group to another group.
However, the establishment of the International Criminal Court requires the approval of the UN Security Council, of which China is a permanent member with a veto, making it unlikely to hear allegations of genocide in Xinjiang.
Although a violation of a single act of the Genocide Convention would amount to a finding of genocide, the Newlines report said the Chinese government met all criteria with its actions in Xinjiang.
“China’s policies and practices that target Uyghurs in the region must be seen as a whole, which means they want to destroy Uyghurs in groups, in part or in whole,” the report said.
The Convention does not provide for specific penalties or penalties for states or governments that have decided to commit genocide. But Newlines reports that the other 151 signatories are responsible for the action under the convention.
“China’s duties … to prevent, punish and commit genocide erga omnes, or belong to the entire international community,” the report added.
“Clear and convincing”
International human rights lawyer Yonah Diamond, who drafted the report, said public misunderstanding of the definition of genocide required evidence of mass murder or physical destruction of the people.
“The real question is whether there is enough evidence that he intends to destroy the group on its own – and that’s what this report is bare,” he said.
All five definitions of genocide set out in the convention are examined in the report to determine whether the allegations against the Chinese government meet each of the criteria.
“Given the serious nature of the infringements in question … this report applies a clear and convincing standard of proof,” the report said.
The Newlines Institute for Strategy and Politics was founded in 2019 by the American University of Fairfax as an impartial think tank with the goal of “enhancing U.S. foreign policy based on a deep understanding of geopolitics and regions of the world. Value systems.” Formerly known as the Global Political Center. .
Diamond said the testimony of thousands of witnesses of Uyghur exiles and official documents of the Chinese government were among the evidence.
According to the report, between 1 and 2 million people have been detained in 1,400 out-of-court internment institutions across Xinjiang since 2014, when the Chinese government launched a campaign that ostensibly targeted Islamic extremism.
The report details allegations of rape, psychological torture, a cultural brainwashing attempt and an unknown number of deaths in the camps.
“Uyghur prisoners in internment camps … are deprived of their basic human needs, severely humiliated, and subjected to inhuman treatment or punishment, including solitary confinement for a long time,” the report said.
“Suicides are so prevalent that inmates have to wear” suicide-safe “uniforms and do not allow them to use substances that are prone to self-harm.”
The report attributed the dramatic decline in the birth rate of New Gurus in the region – a decrease of about 33% between 2017 and 2018 – to the alleged implementation of the Chinese government’s official sterilization, abortion and birth control program, which in some cases was forced without women’s consent.
During the liquidation, textbooks of Uyghur culture, history and literature were allegedly removed from the classes of Xinchin schoolchildren, the report said. In the camps, detainees were forcibly taught Mandarin and described as being tortured if they refused or could not speak.
Using public documents and speeches by Communist Party officials, the report took the Chinese government’s responsibility for the alleged genocide.
Researchers have recalled official speeches and documents in which Uyghurs and other Muslim minorities are referred to as “weeds” and “tumors.” One government directive allegedly called on local authorities to “break their origins, roots, relationships and origins”.
“In summary, the listed genocide individuals and organizations are government agencies and agents under Chinese law,” the report said. “The commission of these listed acts of genocide … against the Uyghurs is therefore necessarily attributable to the State of China.”
According to Rian Thum, a report collaborator and Uyghur historian at the University of Manchester, 20 years from now, people will look back on retaliation in Xinjiang as “one of the great deeds of the cultural destruction of the last century.”
“I believe many Uyghurs will see this report as a long-overdue recognition of the suffering they, their families, friends and community have experienced,” Thum said.
“The Lies of the Century”
The Chinese government has repeatedly defended its actions in Xinjiang, saying citizens enjoy a high standard of living.
“(But) it is possible to run a counter-terrorism campaign at the same time, which is a genocide,” said John Packer, a fellow in the report, an associate professor at the University of Ottawa and former director of the OSCE High Commissioner on National Minorities.
Rahima Mahmut, the UK director of the Uyghur World Congress who did not take part in the report, said many countries “say they can’t (can’t) do it, but they can”.
“These countries, the countries that have signed the Convention on Genocide, have a duty to prevent and punish … I feel that every country can take action,” he said.
While the report’s working group avoided recommendations to maintain impartiality, co-author Ibrahim said the consequences of his findings were “very serious”.
“This is a (non) advocacy document, we do not support any course of action. There were no campaigners in this report, only legal experts, regional experts and Chinese ethnic experts did it,” he said.
However, according to Packer, in the world’s second-largest economy, “such a serious violation of the international order” raises questions about global governance.
“If that’s not enough to encourage some action or even adopt positions, then what is really necessary?” he said.