Lawyers call on intl court to investigate Uyghur treatment

Headline Legal News

Lawyers on Monday renewed calls for the International Criminal Court to open an investigation into China’s treatment of Uyghurs and other predominantly Muslim groups in China’s Xinjiang region as they presented a dossier of evidence to prosecutors.

Activists and lawyers accuse Beijing of crimes against humanity and genocide against the groups. China’s ruling Communist Party has vehemently denied all reports of human rights violations and genocide in Xinjiang.

Monday’s filing is the latest attempt to have the global court open an investigation into widespread allegations of abuse against Uyghurs by Chinese authorities.

The group that submitted the evidence said it includes testimony from a witness who escaped from a camp in 2018 and alleges that he and others were tortured and forced to undergo medical procedures including “being injected with unknown substances.”

The latest dossier also seeks to support their assertion that ICC prosecutors have jurisdiction despite China not being a member of the court by arguing that Uyghurs and others are being rounded up on the territory of an ICC member state and transferred to China.

That assertion seeks to use a precedent set when the court’s judges ruled that the ICC has jurisdiction to investigate abuses against Myanmar’s Rohingya minority, despite Myanmar not being a member of the court, because thousands of Rohingyas were force to flee to Bangladesh, which is an ICC member.

British lawyer Rodney Dixon said evidence presented to the court’s prosecutor’s office uncovers “a pervasive plan to round up Uyghurs in neighboring countries, including an ICC member State, and elsewhere, to force them back into China.”

“The ICC has jurisdiction over these crimes that commence on ICC territory and continue into China, and is urged to act immediately to open an investigation,” the group filing the dossier Monday said in a statement.

The filing comes a year after lawyers called on the ICC to open an investigation.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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