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A few thoughts in this thread on the #ICC Prosecutor's decision to not pursue further inquiry #China's alleged crimes against the #Uighurs and others.
@MIGSinstitute @JP_Peacemaking https://twitter.com/MIGSinstitute/status/1338996117023969281
@MIGSinstitute @JP_Peacemaking https://twitter.com/MIGSinstitute/status/1338996117023969281
I don't think anyone should be surprised, for a number of reasons. First, I don't think there is any appetite in the #ICC to go confront another major power. That would be three UN Security Council members (almost 4, but UK/Iraq inquiry dropped).
The ICC also can't handle much more. I'm not sure it can handle what *is* on its plate, especially if Bashir is somehow surrendered. Its budget will almost surely be reduced this year and in the years coming, as states seek to recover from massive Covid-related budget deficits.
Proponents used the Myanmar/Bangladesh model to argue for #ICC jurisdiction despite China not being a member-state. I do not think there was/is appetite for doing that. States don't like it and, aside from the Rohingya situation, I don't think it's very popular in ICL circles.
Some states were very unhappy with the Rohingya jurisdiction jiu jitsu creating a precedent. They even worried that a similar attempt might result in #ICC jurisdiction in Syria (via Jordan). I am certain they made their views known.
What is interesting - though probably unconnected - is that Chinese authorities came out this week to say they were opposed to the US sanctions against the Prosecutor. Again, probably unconnected, but interesting timing, nonetheless...
http://www.xinhuanet.com/english/2020-12/11/c_139580494.htm
http://www.xinhuanet.com/english/2020-12/11/c_139580494.htm
The other point to stress is that even if the Prosecutor has declined to investigate, that shouldn't and won't stop proponents from trying harder. The #ICC's Iraq situation was rejected and then put on the Court's map again (and rejected again).
I think proponents should really look at the extent to which major companies are complicit in the crimes against #Uighurs and whether a filing can be made out against them. The evidence is growing: https://www.bbc.com/news/business-55319797
The point is, nothing precludes another filing. The challenge will be to understand whatever hesitations the Prosecutor's office has and ensuing that a new filing fills those gaps. I have no doubt there are folks up to the task.
