By Uyghur Times Staff
June 19, 2025 – Buenos Aires, Argentina
In a historic and precedent-setting decision, Argentina’s highest criminal court has ruled in favor of opening a genocide and crimes against humanity case against members of the Chinese regime for atrocities committed against the Uyghur people. The Federal Court of Criminal Cassation (Cámara Nacional de Casación Penal) ruled on Wednesday, June 18, that there are no legal obstacles preventing the case from proceeding and instructed a reconstituted panel of judges in the Federal Court of Appeal to implement this decision.
The case, brought forward by the World Uyghur Congress (WUC), the Uyghur Human Rights Project (UHRP), and the international legal group Lawyers for Uyghur Rights, seeks justice for egregious human rights violations—including forced abortions, torture, mass internment, systematic rape, forced sterilizations, extrajudicial killings, forced disappearances, and religious and ethnic persecution—committed against the Uyghur population in China’s Uyghur homeland.
On August 16, 2022, a criminal complaint was filed at the Federal Criminal Court in Buenos Aires under Article 118 of the Argentinian Constitution, which allows for universal jurisdiction cases—enabling prosecution of international crimes regardless of where they were committed. Argentina currently hosts several such cases concerning global human rights abuses.
Facts and Legal Progression
This week’s ruling follows a July 11, 2024, decision where the Court of Cassation overruled a prior rejection of the case by the Buenos Aires Court of Appeal and ordered the prosecutor to launch an investigation. However, the lower court refused to follow through, prompting the higher court to reaffirm its mandate with this new and binding decision.
The Court’s ruling confirms the plaintiffs’ right to participate as private prosecutors and affirms that no additional requirements are necessary beyond the provisions of the Argentine Constitution to apply universal jurisdiction.
Victim Stories and Advocacy
The criminal complaint is based on overwhelming evidence of crimes against humanity and genocide, substantiated by reports from international bodies, journalists, and the United Nations. Survivors of the Chinese government’s internment camp system have long demanded accountability. Because China is not a member of the International Criminal Court (ICC) and holds veto power at the UN Security Council, justice through conventional international mechanisms has been blocked.
Key Voices and Reactions:
Michael Polak, chair of Lawyers for Uyghur Rights and lead international counsel in the case, applauded the court’s ruling:
“This is a monumental decision… It protects the objectivity of the Argentinian legal system and its impartiality in the application of the Constitution. The Chinese regime’s shameless attacks on the Uyghur people… are well documented. This case will show that impunity for atrocities is closing.”
Argentinian lawyer Juan Nieto, who is helping lead the case alongside Gabriel Cavallo, emphasized the importance of the decision:
“This ruling recognizes the right of Uyghur organizations to seek justice in our country. We will ask that the Argentine justice system listen directly to the victims and carry out a thorough and serious investigation.”
Dolkun Isa, former president of the World Uyghur Congress and a plaintiff in the case, expressed hope: “This step gives us and the entire Uyghur community great hope that we are one step closer to accountability.”
Omer Kanat, Executive Director of the Uyghur Human Rights Project, added: “The Court of Cassation has taken a brave and principled stand against impunity. This decision brings hope to Uyghurs and other persecuted communities.”
Argentina’s bold application of universal jurisdiction stands in contrast to the inertia of many democratic nations. Legal experts see this case as a model for how domestic courts can serve as platforms for justice when international institutions are obstructed.
The decision marks a turning point for Uyghur victims and survivors who have for years been denied legal recourse. As the case proceeds, it is expected to provide an important space for evidence presentation, survivor testimony, and global attention to one of the gravest human rights crises of the 21st century.
Additional Resources
The organizations behind the case are actively fundraising to support ongoing legal proceedings. Donations and support can be made through the World Uyghur Congress, Uyghur Human Rights Project, and Lawyers for Uyghur Rights.
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