Assessing the Possibility of Prosecuting the Uyghur's Genocide before the International Criminal Court

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Law Department, Faculty of Law and Political Science, Shahid Chamran University of Ahvaz, Ahvaz, Iran.

2 Assistant Professor, Law Department, Faculty of Law and Political Science, Shahid Chamran University of Ahvaz, Ahvaz, Iran.

10.48300/jlr.2022.356840.2157

Abstract

Genocide is one the most important International Crimes that has been adopted by the Rome 1998 Statute of the International Criminal Court and set out punishment for it in this international instrument. The crime of genocide has been conceived as mother of crimes in the doctrine. Taking place this crime in China against Uyghur Muslims has been under debate in these years. Recent report of Newlines Institute for Strategy and Policy about the Uyghur genocide allege signifies important of the issue and has attracted attention of the media and global society.This article attempts to investigate the issue through scrutinize the questions bellow: has the Actus Reus of the crime of genocide in events sequence concerned with Uyghurs proven? Does it verify requisite jurisdictional threshold for initiate investigations by the Prosecutor of ICC? What is the responsibility of Chinese authorities for the crimes mentioned above? The method used in this study is analytic-descriptive one specially analysis related international documents and reports in order to evaluate elements of the crime of genocide. The findings demonstrates that the Uyghur genocide is taking place and accordingly emphasize on the appropriate action to be taken by the Prosecutor of International Criminal Court.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 04 September 2022

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