URAP supports legal action in Argentinian court and urges Canada to expand universal jurisdiction

August 18, 2022

URAP extends its support for legal action taken yesterday, after the Argentinian court accepted a complaint filed by lawyers representing the World Uyghur Congress (WUC) and the Uyghur Human Rights Project (UHRP) against China under the principle of universal jurisdiction set out in the Argentinian Constitution.

This principle allows the Argentinian criminal court to investigate serious crimes (e.g. crimes against humanity, war crimes, genocide and torture) regardless of where they take place. Thus, it is an avenue for Uyghur groups to seek justice against those responsible for international crimes being committed against them and other Turkic people in the Uyghur Region outside of the International Criminal Court (ICC). The ICC, which has strict jurisdiction requirements to investigate only when crimes “were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court,” has limited jurisdiction to investigate crimes against Uyghurs in East Turkistan, as China is not signatory to the ICC.       

The submission of this complaint is the first stage of a process where the appointed judge will consider the complaint and may open an investigation and send the case to trial where the defendants may be prosecuted. If this occurs, it would be the first time that evidence of the atrocities being committed against the Uyghurs is presented in a court.

The submission of this complaint warrants celebration from the Uyghur community worldwide, but it is also cause for us to look critically at our own national courts, and ask why these same principles are not applied here. Argentina’s progressiveness highlights Canada’s weakness in human rights.

We at URAP urge Canada to expand its universal jurisdiction under the Crimes Against Humanity and War Crimes Act to include jurisdiction over cases beyond those in which an individual to be prosecuted is a Canadian citizen, resident, or visitor. The Nevsun Resources Ltd. v. Araya case, in which a British Columbia court prosecuted a Canadian mining company for exploiting workers overseas in 2020, sets a precedent for action in Canada. However, the submission of a complaint on behalf of Uyghurs in Argentinian court should serve as a reminder that Canada needs a more comprehensive universal jurisdiction procedure.

In our increasingly globalized world, prosecution of atrocity crimes should not be impeded by limits on geographic jurisdiction. It is our responsibility as a democratic, rights-protecting nation to take action against these crimes wherever they occur. It is also our responsibility to follow our words with meaningful action; after the Canadian parliament’s recognition of the Uyghur genocide eighteen months ago, on February 22, 2021, the time has come for Canada to act.

For further information please contact:

Miri Teich

miri@urap.ca