On 26 March 2021 China imposed sanctions on nine United Kingdom (UK) citizens for spreading so-called “lies and disinformation”. The nine persons, including five British parliamentarians, are banned from entering mainland China, Hong Kong, and Macau. 

THE CAUSE OF THE SANCTIONS

The drastic diplomatic move comes in the light of growing tensions between Western states and China over the human rights abuses against the Uyghur population in the Xinjiang Uyghur Autonomous Region (XUAR) in northern China. [Editorial Note: The province name Xinjiang means “new territory” in Mandarin Chinese and is rejected as colonialist by many Uyghurs in favour of East Turkmenistan.] There is credible evidence that Uyghurs are being held in state-run detention camps that regularly engage in torture, forced labour, and sexual abuse. The reported conditions that people are held in are shocking and have led to governments around the world taking steps to address the situation.

In one such response, the UK on 22 March 2021 imposed sanctions on several Chinese officials in line with a coordinated response from the European Union, the United States, and Canada. The sanctions follow the passing of non-binding motions in both the Dutch and Canadian parliaments, which labelled China’s treatment of Uyghurs as genocide. China retaliated by not only sanctioning UK citizens but also 10 European citizens. Among those subject to sanctions in Europe is Reinhard Butikofer, a German politician who chairs the European Parliament’s delegation to China.

The nine British citizens are all vocal critics of China’s treatment of the Uyghurs. Among the group are Helena Kennedy QC and Lord David Alton, two House of Lords peers who pushed for the Genocide Amendment to the UK Trade Bill. The amendment would have allowed survivors and victims of genocide to apply to the High Court for a determination on whether a current or prospective UK trading partner is committing genocide. Unfortunately, the amendment failed to pass, despite wide support in the House of Commons.

RESPONSE TO THE SANCTIONS

The reaction from the persons subjected to these sanctions has been steadfast. They have vowed to double their efforts to shed light on the situation in the XUAR and put an end to these horrifying human rights violations. Nusrat Ghani, one of the sanctioned members of parliament (MP), noted that the role of MPs in British democracy includes speaking up for those without a voice, such as the suppressed Uyghur population. The attempt to silence parliamentary democracy in the UK will clearly not be met with submission. An open debate is needed, and MPs will continue to engage in this conversation.

Beyond the sanctioning of individuals, China has also sanctioned several organisations. This includes the Essex Court Chambers, a leading set of barristers in London. Four barristers from this set recently composed a detailed legal opinion concerning the treatment of Uyghurs in the XUAR. The opinion concluded that “there is a very credible case” to be made that the acts carried out in the XUAR by the Chinese government amount to crimes against humanity and genocide. The decision by China to sanction legal professions is a significant cause for concern. In accordance with the UN Basic Principles on the Role of Lawyers, lawyers should not be threatened with sanctions for their professional work. Schona Jolly QC, Chair of the Bar Human Rights Committee of England and Wales, responded by stating that “China’s attempts to stamp down on those who highlight [the atrocities] demonstrates China’s contempt for universal standards of human rights". Furthermore, barristers work in a self-employed capacity and do not necessarily share the views of their clients. The sanction is therefore a clear attack on the rule of law, conflating personal opinions with professional legal opinions.

INTERNATIONAL ACCOUNTABILITY FOR GENOCIDE

The tit-for-tat behaviour by China on the international stage will not make its problems go away. As more evidence mounts, ranging from satellite imagery to personal accounts, the international community's stance on XUAR will only become stronger. The growing international recognition that China is carrying out a genocide clearly engages the responsibility of states under the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. States must work to prevent genocide and protect those who are suffering.

In the legal realm there is very little which can be done to hold China to account. China has entered reservations on the jurisdiction of the International Court of Justice, and it is not a signatory to the Rome Statute of the International Criminal Court. This means there is no possibility for criminal responsibility before these  international courts.

However, economically and politically, a broader range of actions can be taken. The use of sanctions is ultimately ineffective and does nothing but detract the attention from individuals in China. Coordinated economic measures from states around the globe will pressure China into allowing the UN into the XUAR to investigate. In the UK, a good place to start might be the Genocide Amendment. The economic might of China is a powerful force, but “human rights must come before trade," especially in a situation as urgent as the one at hand.

Mahin is a final year LLB student at the University of Exeter. He is an aspiring human rights lawyer who is interested in bringing attention to human rights abuses. He is looking to practice in public law, international human rights and civil liberties.

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