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MPs will soon be voting on the *revised* #GenocideAmendment.
In the following thread I’ll be posting everything you need to know and some useful resources
[A THREAD]
In the following thread I’ll be posting everything you need to know and some useful resources
[A THREAD]
The Genocide Amendment is an all-party amendment to the Trade Bill. The aim is to ensure the UK does not trade on preferential terms with genocidal states.
The amendment is limited in scope. It only applies to bilateral trade agreements (BTAs).
The amendment is limited in scope. It only applies to bilateral trade agreements (BTAs).
So why is it needed?
Currently, the UK cannot revoke BTAs on the basis the counter-party is committing genocide without first a determination of genocide.
Currently, the UK cannot revoke BTAs on the basis the counter-party is committing genocide without first a determination of genocide.
Importantly, for the UK to fulfil its obligations under the Genocide Convention, to prevent and punish genocide, it must have a preliminary determination of genocide.
This would help identify the serious risk of genocide being committed which the UK could then prevent.
This would help identify the serious risk of genocide being committed which the UK could then prevent.
It has been longstanding policy both both Labour and Conservative Governments that genocide determination is a judicial, not a political, decision.
Genocide has a strict legal definition. Only courts can credibly, competently and impartially make that assessment.
Genocide has a strict legal definition. Only courts can credibly, competently and impartially make that assessment.
Which courts should do this?
International courts may seem most appropriate. However, they have very limited and specific jurisdictions and so are barred from making determinations of genocide in various instances.
The plight of the Uyghurs now being a prime example.
International courts may seem most appropriate. However, they have very limited and specific jurisdictions and so are barred from making determinations of genocide in various instances.
The plight of the Uyghurs now being a prime example.
Neither the ICC nor ICJ have jurisdiction.
China is not a party to the Rome Statute and would use its power on the UN Security Council (‘UNSC’) to veto a UNSC referral.
As such, the ICC cannot make a determination.
China is not a party to the Rome Statute and would use its power on the UN Security Council (‘UNSC’) to veto a UNSC referral.
As such, the ICC cannot make a determination.
A similar story is true for the ICJ. To have jurisdiction in a contentious case, both parties must consent to the jurisdiction of the ICJ.
China will not do this. It has a reservation to Article IX of the Genocide Convention.
Therefore, the ICJ cannot make a determination.
China will not do this. It has a reservation to Article IX of the Genocide Convention.
Therefore, the ICJ cannot make a determination.
If the two major international courts are barred from making this determination, and Government policy is that only courts can do this, it begs the question: which courts?
The only available courts are domestic courts. This is why #GenocideAmendment is necessary.
The only available courts are domestic courts. This is why #GenocideAmendment is necessary.
So what was the original amendment?
1. High Court would assess evidence and make a determination.
2. If a determination was made, the BTA was revoked.
The original amendment *ensured* we ceased trading on preferential terms with genocidal states.
1. High Court would assess evidence and make a determination.
2. If a determination was made, the BTA was revoked.
The original amendment *ensured* we ceased trading on preferential terms with genocidal states.
Some MPs said that this failed to respect the separation of powers and Parliamentary sovereignty.
The revised amendment expressly addresses this concern.
The revised amendment expressly addresses this concern.
So what is the revised amendment?
1. High Court would assess evidence and make a determination.
2. If a determination is made, Parliament and the Government decide what action to take, if any.
A determination is non-binding. The court has no say in trade.
(Amendment 3)
1. High Court would assess evidence and make a determination.
2. If a determination is made, Parliament and the Government decide what action to take, if any.
A determination is non-binding. The court has no say in trade.
(Amendment 3)
So why is the Government still opposed?
The amendment does not require the Government to do anything. However, they would have to justify trading on preferential terms with a genocidal state.
They know this would be extremely difficult and would prefer to ignore genocide. https://twitter.com/lukedepulford/status/1357326583925788675
The amendment does not require the Government to do anything. However, they would have to justify trading on preferential terms with a genocidal state.
They know this would be extremely difficult and would prefer to ignore genocide. https://twitter.com/lukedepulford/status/1357326583925788675
The Government has therefore introduced a wrecking amendment designed to kill off the #GenocideAmendment.
To be clear, the wrecking amendment must first be voted down in order for a vote to occur on the Genocide Amendment.
To be clear, the wrecking amendment must first be voted down in order for a vote to occur on the Genocide Amendment.
So what is the wrecking amendment?
This avoids the High Court and substitutes it with a Parliamentary Committee who may publish a report which states there are reports of genocide.
Two key things to note:
This avoids the High Court and substitutes it with a Parliamentary Committee who may publish a report which states there are reports of genocide.
Two key things to note:
1. Committees can already do this. They have previously taken similar actions on the Yazidi and Rohingya genocides. The Government ignored them then and is could do so again.
If, however, they do engage. They would simply say genocide determination is for the courts, not them.
If, however, they do engage. They would simply say genocide determination is for the courts, not them.
2. The wrecking amendment is so restricted it is meaningless. It only applies to ‘genocide in the territory of a prospective FTA counter-party’.
It has no impact on BTAs we have and therefore would do nothing to stop trading on preferential terms with a genocidal state.
It has no impact on BTAs we have and therefore would do nothing to stop trading on preferential terms with a genocidal state.
As the debate on the #GenocideAmendment continues, there are certain misconceptions and objections against the amendment that do not stand up to scrutiny.
I’ll consider each in turn.
I’ll consider each in turn.
1. It does not respect Parliamentary sovereignty and gives judges control over trade policy.
As indicated above, the amendment does not give the courts any say on trade. They merely determine whether genocide is occurring. Trade policy is still determined by the Government.
As indicated above, the amendment does not give the courts any say on trade. They merely determine whether genocide is occurring. Trade policy is still determined by the Government.
2. Genocide determination is for international courts or tribunals.
As indicated above there are various instances this is not possible. Crucially, these courts give final determinations. That is to say, after the genocide has occurred.
As indicated above there are various instances this is not possible. Crucially, these courts give final determinations. That is to say, after the genocide has occurred.
Therefore, UK courts can and should be used for domestic genocide determination.
The UK would become a global leader in taking a proactive approach to genocide determination and prevention.
The UK would become a global leader in taking a proactive approach to genocide determination and prevention.
3. The High Court is not competent.
This is a serious devaluation of our courts, which are among the finest in the world.
They already deal with far more factually complex cases than that which is proposed in the amendment.
This is a serious devaluation of our courts, which are among the finest in the world.
They already deal with far more factually complex cases than that which is proposed in the amendment.
Crucially, there are already provisions in legislation for UK courts to make a determination.
Genocide is a crime under UK domestic law. Therefore, the interpretation and application of this crime can already be subject to UK courts.
Genocide is a crime under UK domestic law. Therefore, the interpretation and application of this crime can already be subject to UK courts.
4. This will allow vexatious claims.
The High Court already has various mechanism of dismissing vexatious or unmeritorious claims.
From striking out, imposing costs orders, or issuing civil restraint order, the High Court is well versed in dismissing vexatious claims.
The High Court already has various mechanism of dismissing vexatious or unmeritorious claims.
From striking out, imposing costs orders, or issuing civil restraint order, the High Court is well versed in dismissing vexatious claims.
5. This will not help the Uyghurs.
Although the UK doesn’t have a free trade agreement with China, we have a series of bilateral trade agreements. There are compelling legal arguments these could be challenged under the amendment.
In any event, the amendment is a safety net.
Although the UK doesn’t have a free trade agreement with China, we have a series of bilateral trade agreements. There are compelling legal arguments these could be challenged under the amendment.
In any event, the amendment is a safety net.
The EU recently signed a trade agreement with China, there is no guarantee a future UK Government could not consider doing the same.
The amendment is not about the here and now. It is a safety net for the future.
The amendment is not about the here and now. It is a safety net for the future.
So what can you do?
1. Reach out to your MP. You can email them using @Coalition4GR’s email template ( https://genocideresponse.org ). However, as the vote becomes nearer, calling your MP will be more effective.
1. Reach out to your MP. You can email them using @Coalition4GR’s email template ( https://genocideresponse.org ). However, as the vote becomes nearer, calling your MP will be more effective.
2. Follow prominent accounts that will be sharing updates and resources:
@MahmutRahima @lukedepulford @benedictrogers @Coalition4GR @UyghurStop @YetAgainUK @BoardofDeputies @Rene_Cassin @EwelinaUO @L4UR_UK @MPIainDS @Nus_Ghani @UyghurCongress @DavidAltonHL @BarHumanRights
@MahmutRahima @lukedepulford @benedictrogers @Coalition4GR @UyghurStop @YetAgainUK @BoardofDeputies @Rene_Cassin @EwelinaUO @L4UR_UK @MPIainDS @Nus_Ghani @UyghurCongress @DavidAltonHL @BarHumanRights
3. Post on social media using #GenocideAmendment to raise the profile.
4. Join @UyghurStop to campaign to stop the Uyghur genocide. If you’re a student, you can join students for Uyghurs and make a difference on your campus. DM @EveNavias @jayapathak_ for more info.
4. Join @UyghurStop to campaign to stop the Uyghur genocide. If you’re a student, you can join students for Uyghurs and make a difference on your campus. DM @EveNavias @jayapathak_ for more info.
5. Share useful resources and media covering the amendment.
You can find a briefing on the amendment on the @YetAgainUK website. https://yetagainuk.com/genocide-amendment-to-the-trade-bill-campaign/
You can find a briefing on the amendment on the @YetAgainUK website. https://yetagainuk.com/genocide-amendment-to-the-trade-bill-campaign/
Holocaust survivor @doritoliver has recorded her plea for MPs to back the #GenocideAmendment. https://twitter.com/yetagainuk/status/1357106162773221376
An intervention from @UyghurCongress and @Dolkun_Isa https://www.telegraph.co.uk/news/2021/02/07/uk-accused-spitting-faces-uyghur-survivors-not-allowing-judges/
@JewishNewsUK have today released a powerful message to MPs. https://twitter.com/jewishnewsuk/status/1358713608088207367
@EssexCourtLaw have published a legal opinion that there is a very credible case of genocide and crimes against humanity against the Uyghurs https://essexcourt.com/international-criminal-responsibility-for-crimes-against-humanity-and-genocide-against-the-uyghur-population/
This week, @BBCNews released a harrowing documentary on the systematic rape and torture of Uyghur women https://www.google.co.uk/amp/s/www.bbc.com/news/amp/world-asia-china-55794071
