Argentina's top court greenlights Uyghur genocide case against Chinese officials under universal jurisdiction

The Court of Cassation concluded that there are no legal barriers to proceeding with the case, determined that the case should move forward, and instructed that a new panel of judges from the Federal Court of Appeal be assembled to carry out their decision, according to the WUC release.

"This ruling will result in the opening of a criminal case for the Uyghur people, whose plight, which has included forced abortions, torture, incarceration in concentration camps, systematic sexual offences, forced sterilisation, murder, forced disappearances, enslavement, and persecution, has been well documented. Despite this, they have been denied justice due to China's power to veto the creation of any tribunal by the Security Council and China's refusal to join the International Criminal Court," the WUC release stated.

A criminal complaint regarding clear evidence of crimes against humanity and genocide against the Uyghur population by the Chinese government was submitted on 16 August 2022 at the Federal Criminal Court in Buenos Aires, invoking the universal jurisdiction provisions outlined in Article 118 of the Argentinian Constitution, which grants the authority for any court in Argentina to hear cases related to international crimes regardless of where they take place globally. Currently, several cases are open in Argentina, and arrest warrants have been issued for serious human rights violations around the globe, as mentioned in the WUC release.

International counsel Michael Polak, along with Uyghur leaders Dolkun Isa, the former President of the World Uyghur Congress and a plaintiff in the criminal case, and Omer Kanat, the Executive Director of the Uyghur Human Rights Project based in Washington, travelled to Argentina in November to advance the case. Michael is collaborating with respected Argentinian attorneys Gabriel Cavallo and Juan Nieto, who have experience in seeking justice for victims of international crimes in Argentinian courts.

International counsel and Chair of the group Lawyers for Uyghur Rights, Michael Polak, stated the following: "This is a monumental decision of the Court of Cassation which not only holds that a criminal case should be opened into the crimes against humanity and genocide of the Uyghur people but also orders that a reconstituted Court of Appeal panel should implement its decision."

"This brave decision protects the objectivity of the Argentine legal system and its impartiality in the application of the Argentine Constitution."

"The Chinese regime's shameless attacks on the Uyghur people, based on their ethnicity and religion, which amount to the most serious international crimes, are well documented by international organisations, the press, and even the United Nations. Despite this, up until now, no avenue for justice has been open to them. This case, in which the Argentinian Courts can put the perpetrators of crimes against humanity and genocide on trial, will show that the possibility of impunity for atrocities against defenceless people and groups is closing," as quoted by the WUC release.

Dolkun Isa, immediate past president of the World Uyghur Congress and a plaintiff in the case, stated: "This step gives us and the entire Uyghur community great hope that we are one step closer to accountability. Once the Court of Appeal formally opens the case, the Courts will hear indisputable evidence of the atrocities carried out against our people," as quoted by the release. (ANI)