China: Genocide — House of Lords, 2021-11-25
Topic: International Affairs
David Anderson (Crossbench, Unknown): My Lords, this is the first time that I have presumed to speak on the atrocities in Xinjiang, although I have followed previous debates with nothing short of admiration. I came to the subject by two slightly unorthodox routes: a professional interest in surveillance techniques, and an invitation to British experts in late 2015, backed by our respective Governments, to talk to the Chinese about counterterrorism. We were politely received, but I cannot claim that the presentation that I gave with the defence attaché on lessons learned from the excessive use of internment in early 1970s Northern Ireland had the slightest impact. Indeed, it later transpired that, as we were speaking, plans were being made elsewhere in Beijing for brutal mass internment on a scale unimagined since the Second World War. I declined the invitation to participate in the return leg of the dialogue To read accounts of so-called de-extremification in Xinjiang is to recall the torturer near the end of Nineteen Eighty-Four explaining Big Brother’s ability to strip Winston of his humanity: "You will be hollow. We shall squeeze you empty, and then we shall fill you with ourselves." But the claim of genocide requires more than that—indeed, more even than proof of one or more of the terrible acts specified in the genocide convention. The perpetrator must be shown to have acted with the aim or desire of destroying a protected group, as a whole or in substantial part—a question which needs to be answered on the facts as they apply to each specific act and each specific defendant To see how demanding this test can be, let us take the horrendous human and logistical evidence of organ harvesting from healthy young Uighurs that was detailed this summer in Ethan Gutmann’s shocking interim report, The Killing of Innocents for their Organs. The author characterises what he believes to be taking place as "maintenance genocide". However, if, for the sake of argument, it could be shown that such practices were intended only to ensure a source of supply for China’s notorious transplant industry, however murderous and inhuman the practice, the purpose of group destruction would not have been made out. To establish the responsibility of China itself, as the international law expert Alison Macdonald QC explained in her published legal opinion of January this year, would require either the genocidal intent of specified senior officials to be attributed to the state, or for genocidal intent to be "the only possible inference available from the pattern of persecutory conduct." She described that threshold as a high one. Regardless of what the Foreign Secretary is reported to have said in a private conversation, I have some sympathy with the Government’s view that such intricate and fact-dependent questions are more appropriately resolved by judicial or quasi-judicial bodies than by the assertions of Ministers Although China has so far been able to ensure that the competent international courts cannot entertain these claims, we are fortunate to have other bodies which, although not courts, are at least equipped to take the necessary forensic approach. The Newlines Institute published in March this year its clear and fully referenced analysis of what it considered to be China’s breaches of the genocide convention. Meanwhile, here in London, the Uighur tribunal will hand down judgment on 9 December. Its president, Sir Geoffrey Nice, was the chief prosecutor of Slobodan Milošević in The Hague and was knighted for services to international criminal justice. The Chinese Government think the tribunal significant enough to have imposed what were described as sanctions on Sir Geoffrey back in March, as they did on the first two speakers in this debate. I hope that our own Government will afford equal attention to its findings, whatever they may be My last point is this: whatever the Uighur tribunal may conclude about genocide should not obscure the broader picture of international criminal responsibility, including for crimes of the highest seriousness that are easier to establish than genocide because they concentrate on the individual victims and no group-destructive purpose must be proved. I have in mind in particular the seven crimes against humanity, ranging from torture and rape to enforced sterilisation and disappearance, for which the Macdonald opinion considered there to be evidence. The badge of genocide is one that its victims are fully entitled to wear, but it has been argued that, in the long term, that badge could, in some circumstances at least, perpetuate fruitless outrage rather than contribute to reconciliation or the resolution of historic disputes—a point made thoughtfully by Philippe Sands QC in his book East West Street In short, legal labels matter, particularly when they are written by courts, and genocide is the most arresting label of them all. I support all those who are investigating whether it can be justified—but, if the product is sufficiently visible, the label becomes secondary. The fact that the Nuremberg tribunal convicted senior Nazis of crimes against humanity rather than genocide, as it had been invited to do, does not, I hope, diminish anyone’s opinion of the Holocaust as the ultimate evil I join other noble Lords in saluting all those who have brought the horrendous situation in Xinjiang to the attention of the world, often at great personal risk, and thank my noble friend Lord Alton for stimulating once again the conscience of the House.