Posts tagged: genocide

Why What We Are Seeing in Xinjiang Is Crimes Against Humanity

By , October 27, 2019

Uighur protester outside of China with a mask with the flag of East Turkestan and a Chinese flag covering her mouth

Last week, the Washington Post published my op-ed where I argued that what is being perpetrated against Uighur and other Turkic Muslim women – rapes, forced sterilization, forced abortion – are all crimes against humanity.  Since publishing that piece, many have asked why I decided to describe these acts as crimes against humanity?  Why am I not calling it genocide?  Or at least cultural genocide?

In the past few months, many have stated that the Chinese government’s actions in Xinjiang are akin to cultural genocide.  The government’s widespread razing of mosques; its destruction of Muslim burial grounds; its prohibition against certain religious baby names; its mass internment of 1.5 million Uighurs and other Turkic Muslims for no crime other than being Muslim; all of these reflect a Chinese government intent on destroying the Uighur culture and “Sinicize” them, making it cultural genocide.  But cultural genocide is not a crime under international law and thus, brings with it no legal duty for the world to stop it nor any punishment for the perpetrators.  In fact, the drafters of the Genocide Convention intentionally rejected the concept.  Instead, genocide under the Convention is limited to the biological or physical destruction of the group coupled with an intent to destroy.  When I spoke with Deborah Mayersen, a lecturer at the University of New South Wales at the Australian Defense Force Academy and an expert in the field of genocide studies, she was clear that she didn’t think that the situation in Xinjiang was genocide. “I do think there are warning signs, but at the moment [China] is not heading toward genocide” she told me.  “There would need to be some sort of disruption – an economic disruption perhaps that can be blamed on the Uighurs – for [China] to be on the trajectory toward genocide.”

“But we do have a fairly clear case of crimes against humanity” Mayersen emphasized.  Unlike genocide, crimes against humanity is not governed by a specific treaty.  Instead, it has developed through international customary law, with its use at Nuremberg, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda among other instances. Crimes against humanity include acts that attack the very soul of a people and its culture: murder, extermination, torture, arbitrary detention, forcible transfer of a population, rape, sexual violence, forced sterilizations, apartheid.  It might sounds a lot like genocide, but unlike genocide, these crimes do not require an intent to biologically destroy, an element we don’t yet have in Xinjiang.  Instead, acts that constitute crimes against humanity merely need to be part of a widespread or systemic attack directed at a group, with the perpetrator’s knowledge that his or her acts are part of this larger attack.

Because crimes against humanity is a legally recognized doctrine, it “brings with it the responsibility to protect” Mayersen told me, citing to a 2005 U.N. Resolution, signed by all 193 UN member states.  Under that Resolution, the international community is required to take quick and decisive action to protect the targeted group.

Protest in Brussels Calling on the EU to Speak Up Against the Internment of Uighurs

The unlawful internment of 1.5 million Uighurs and the removal of Uighur children from their families alone constitute crimes against humanity.  And rape and forced sterilization have been considered crimes against humanity for decades.  Sexual violence against women was a basis for crimes against humanity at the International Criminal Tribunal (ICT) for the Former Yugoslavia and of the ICT for Rwanda.  In 2013, the U.N. Human Rights Council, in its inquiry report on North Korea and after conducting a number of victim interviews, found sufficient evidence for a charge of crimes against humanity for the rape, forced abortions and sexual violence perpetrated against women.

Because there is more than sufficient evidence that what is happening in Xinjiang is crimes against humanity, activists, journalists and others must refer to it as such.  Only then is the world required to act.   To call it anything less gives the world a free pass and permits the Chinese government to continue to engage in its destruction of the Uighur people and their culture.

China’s Attacks on Uighur Women are Crimes Against Humanity

By , October 21, 2019

Originally posted in the Washington Post

Mihrigul Tursun (L), testifying at the CECC hearing

Sitting in a hearing room in Congress, in a gray plaid hijab, her dark blond hair poking out, Mihrigul Tursun begins to cry. She is there to share the plight of her fellow Uighurs in Xinjiang. Her translator reads aloud Tursun’s prepared statement about her three separate detentions by the Chinese government in Xinjiang’s internment camps. As the translator recounts Tursun’s first detention — upon her release, she learned that one of her 4-month-old triplets had died — Tursun struggles to hold back tears. Click here to read the entire op-ed

Book Review: Frank Dikötter’s Mao’s Great Famine

By , April 18, 2011

When teaching about China’s Great Leap Forward (1958-1962), my Chinese history professor would remind students that history is not necessarily written by the victors but rather is written by those with the ability to transcribe and communicate their experiences, namely the educated.  A comparison of our knowledge of China’s Cultural Revolution (1966-1976), a campaign largely against the Communist China’s remaining vestiges of wealth and educational elitism, with our knowledge about the Great Leap Forward proves his point.  A simple search on Amazon reveals 20 memoirs, just in English, about the Cultural Revolution.  The number of memoirs on the Great Leap Forward in English?  Zero.  We don’t even know how many people died as a result of one of the worst famines in modern human history (the traditional estimate is 30 million but many believe this is too low).

But Frank Dikötter, in his new book Mao’s Great Famine: The History of China’s Most Devastating Catastrophe, 1958-1962, seeks to enlighten us on this horrifying period in Chinese history, or as he puts it in his opening sentence when “China descended into hell.”  With access to recently published provincial archives from the time period, Dikötter shows a China when all semblance of a rule of law vanished and society returned to a Hobbesian state of nature.

Dikötter goes deeper than just explaining the misery; instead he seeks to refute many common-held beliefs regarding the Great Leap Forward and hold the Chinese Communist Party, in particular Mao Zedong and Zhou Enlai, directly responsible for the tens of millions of peasants who unnecessarily perished.  For Dikötter the Great Leap Forward is not a famine but rather a genocide on par with the Holocaust and Stalin’s gulags.

Parts one and two of the book – which are perhaps the most interesting – convincingly argues that the highest echelons of power knew exactly what was happening on the ground during the Great Leap Forward and largely didn’t care.  For the leadership, proving to the rest of the world that China had already made the successful “great leap” to an industrialized, rich, Utopian communist society became paramount, even at the expense of Chinese lives.  Mao’s Great Leap Forward began with the complete collectivization of farms, village duties, factories, and most of society.  Dikköter shows that although some in the leadership, most notably Peng Dehui, criticized the rapid drive to collectivization as early as 1959, others like Zhou Enlai who was desperate to return to Mao’s good graces vigorously supported the Great Leap Forward, even with its half-baked ideas of digging crops deeper, smelting steel in backyard furnaces, and building useless irrigation projects that took farmers away from farming the land.

For Dikötter, the leadership’s stupidity was augmented by its arrogance.  To prove to the world that China had

French Photographer Henri Cartier-Bresson visited China during the start of the Great Leap Forward (1958) for Life Magazine. Here is a backyard furnance.

successfully made the transition to communism, Mao didn’t just pressure local leaders to meet agricultural and industrial targets, but to surpass them.  The excess grain and goods were sold, below market value even, abroad.  But in reality, as Dikötter makes clear, there was no excess grain – local cadres lied about the numbers, causing the central government to take what was viewed as excess, but which was largely the sum total of all that a particular village produced.

Dikötter disproves the notion that the central leadership was unaware of the mass starvation.  Instead, Dikötter portrays a leadership that made a choice: instead of returning the grain that it knew would keep people alive, the leadership, at the behest of Zhou Enlai, needlessly sought to pay off China’s international debts through grain’s export.  What is perhaps one of the more shocking aspects of the book, Dikötter goes on to explain that although most of China’s treaties provided 18 years for China to repay its debt, the leadership was intent on paying off all debt by 1965.  Because China did not have cash or bullion, the only commodity it could use to pay off its debt in only 5 years was grain.  For Mao, the choice was simple – “when there is not enough to eat people starve to death.  It is better to let half of the people die so that the other half can eat their fill”  – the image of China that Mao wanted to portray to the rest of the world trumped any local needs.

Mao’s Great Famine, with access to the provincial archives, focuses on the systems in place that allowed the famine to continue as well as the callousness of China’s leadership.  At times, one is left wondering what vestiges of the Great Leap Forward still remain; what is not unique to the time period but instead applicable to the modern-day CCP?  Today, the Chinese government still maintains targets for local cadres, and local officials are desperate to meet these targets, even at the expense of the law.  Prof. Carl Minzner has analyzed the current “cadre responsibility system” especially in terms of forced abortions to meet local one-child policy targets.  See Carl Minzner, Riots and Cover-Ups: Counterproductive Control of Local Agents in China (November 9, 2009). University of Pennsylvania Journal of International Law, Vol. 31, 2009; Washington U. School of Law Working Paper No. 09-11-01. Available at SSRN: http://ssrn.com/abstract=1502943.

Dikötter also describes the increasing politicization of the legal system, or what was left of it after the Ministry of Justice was disbanded in 1959.  “Every one of our party resolutions is a law.  When we have a conference it becomes the law….The great majority of rules and regulations are drafted by the judicial administration.  We should not rely on these….”  Epitomizing this politicalization of the legal system, Dikötter points to the creation of re-education through labor (laojiao), an extra-judicial proceeding where prisoners could be held indefinitely.  Interestingly, China today, even on its alleged quest for a rule of law, has maintained re-education through labor and has largely kept it an extra-judicial, politicized process.

Cartier-Bresson photographs children paving the road after school.

Dikötter’s book is a necessary read to understand the misery that the Chinese people, especially in the rural areas, suffered during the Great Leap Forward.  Its description of the idiocy of the central leadership in caring more about China’s image abroad than the suffering of its own people makes Mao’s Great Famine an important read, especially parts one and two, in any Chinese history class.  But the book itself isn’t a particularly enjoyable read; certainly not a good subway ride book.  The story of the Great Leap Forward is not told in a lineal way; instead, Dikötter breaks up the story by topics, making it difficult to follow the progression of certain events.  Additionally, Dikötter has a large amount of data to share which is impressive indeed.  But at times the constant recitation of numbers is overwhelming and largely causes the reader’s eyes to glaze over.  Dikötter would have done better to add more charts to the book to reflect these numbers.

Finally, Dikötter cites often to two books about Mao Zedong – The Private Life of Chairman Mao: The Memoirs of Mao’s Personal Physician by Li Zhisui and Mao Zedong by Jung Chang and John Halliday.  The veracity of these books, particularly the latter, has been called into question by some academics.  Dikötter’s reliance on these books, particularly when it comes to quoting Mao, is slightly problematic.

But this is a small issue in what is otherwise an important addition to the understanding of the Great Leap Forward and today’s China.  As Dikötter notes throughout the book, the publication of the provincial archives is only the beginning; we will only know the truth when Beijing finally releases the central government’s archives from the time period.  Dikötter implies that this is an inevitably, but given the current political environment, we will likely be waiting a long time.

Rating: ★★★½☆

Mao’s Great Famine: The History of China’s Most Devastating Catastrophe, 1958-1962, by Frank Dikötter (Walker & Company 2010), 448 pages.
 

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