ASIA PACIFIC CENTRE - RESPONSIBILITY TO PROTECT GENOCIDE AND CRIMES AGAINST HUMANITY IN XINJIANG? APPLYING THE LEGAL TESTS Acknowledgements This report was prepared by Asia Pacific Centre for the Responsibility to Protect which is located at the School of Political Science and International Studies at the University of Queensland. First Published November 2020 Photo credit: Baijiahao Baidu Asia Pacific Centre for the Responsibility to Protect School of Political Science and International Studies The University of Queensland St Lucia Brisbane QLD 4072 Australia Email:
[email protected] http://www.r2pasiapacific.org/index.html Genocide and crimes against humanity in Xinjiang? Applying the legal tests Introduction Since early 2017, numerous reports have emerged of large-scale arbitrary detention and mass surveillance, forced political indoctrination, severe restrictions on movement and religious practice, torture and inhu- mane treatment, forced sterilisation, forced separation of children from parents, forced labour and killings of persons in detention in the Xinjiang Uighur Autonomous Region (‘XUAR’ or ‘Xinjiang’) of China. The alleged victims are predominantly Uighur and other Turkic Muslim minorities. This Report provides a summary of the tests applicable to establishing genocide and crimes against humanity under international law and prelimi- nary analysis of the extent to which the situation in Xinjiang, as evidenced in publicly available information, may currently be said to satisfy those tests.1 The legal tests of genocide and crimes against humanity under international law are complex, and the ev- idential standards applicable to establishing these crimes robust. The legal difficulties associated with es- tablishing these crimes reinforces the importance of the key conclusion of this Report—namely, that inter- national crimes have occurred and are likely continuing to occur in Xinjiang.