The treatment of Uighur Muslims in China : a crime against humanity?

Abstract

This dissertation analysed the situation in China consisting of alleged grave violations of human rights against Uighur Muslims. The elements of crimes against humanity which must be satisfied are: there must be an attack directed against a civilian population with the knowledge of the attack. The reports are analysed in conjunction with the mechanisms which are available at international level. These are State Referral, referral of a situation by the UNSC to the ICC jurisdiction, and Proprio motu action by the Prosecutor. It was established that China is not a party to the Rome Statute. Hence it enjoys third party protections such as immunity especially for Heads of State. China is a permanent member of the UNSC which makes Article 13 (b) inefficient because China is most likely not willing to refer itself to the ICC and neither vote in favour of being prosecuted rendering a unanimous vote impossible. Therefore, the essence of this study is findings of other methods by which China's situation can be investigated and prosecuted. Namely, amending the UN Charter to incorporate more countries in permanent seats and veto amendments to partially remove veto. This would give the opportunity for a referral to pass without the need of a unanimous vote will likely succeed in bringing China's situation to the ICC's jurisdiction, even if China votes against. Furthermore, an amendment to the UN Charter can bind States who are UN members but are not State parties to the Rome Statute. As an underlying crime, persecution fits in the same description of the elements of crimes against humanity whilst requiring discriminatory intent. Thus, rape, imprisonment, torture, and destruction of property were discussed in conjunction with particular cases chosen from the millions atrocious acts happening against Uighurs.