In a landmark ruling for international justice, Argentina’s highest criminal court has authorized the opening of a criminal case into genocide and crimes against humanity committed against the Uyghur people by Chinese officials. The decision, issued on 18 June 2025 by the Federal Court of Criminal Cassation, paves the way for legal proceedings under Argentina’s universal jurisdiction law — offering a rare path to justice for survivors of atrocities in China’s East Turkistan (XUAR in China).
The case was initially filed in August 2022 by the World Uyghur Congress (WUC), the Uyghur Human Rights Project (UHRP), and Lawyers for Uyghur Rights, invoking Article 118 of Argentina’s Constitution, which allows Argentine courts to investigate international crimes regardless of where they occurred. Wednesday’s ruling confirmed there are no legal obstacles to proceeding and ordered the reconstitution of a panel within the Federal Court of Appeal to implement the decision.
“This is a monumental decision,” said Michael Polak, international counsel and chair of Lawyers for Uyghur Rights. “For the first time, a national court outside of China has ruled that a criminal case should move forward concerning the Chinese regime’s crimes against the Uyghur people.”
The case alleges severe abuses by Chinese authorities, including torture, forced abortions and sterilizations, mass internment, sexual violence, and murder — acts widely documented by international bodies but left unpunished due to China’s veto power at the UN Security Council and refusal to submit to the International Criminal Court.
Uyghur leaders and advocates welcomed the decision as a historic step toward accountability. Dolkun Isa, former president of the WUC and a plaintiff in the case, stated: “This gives the entire Uyghur community great hope. Once the Court of Appeal formally opens the case, the courts will hear indisputable evidence of the atrocities committed against our people.”
The court’s ruling also grants Uyghur organizations the right to participate as private prosecutors — a significant recognition of their role in seeking justice.
Argentinian human rights lawyer Juan Nieto, representing the plaintiffs, emphasized the broader significance: “This decision affirms that Argentina’s commitment to universal jurisdiction stands firm. It allows Uyghur victims to seek justice within our judicial system, and we are committed to pursuing a serious, thorough investigation.”
The case has drawn support from international legal experts and human rights defenders. Michael Polak is working with renowned Argentine lawyers Gabriel Cavallo and Juan Nieto, both of whom have experience with international crimes tried in Argentina.
Omer Kanat, Executive Director of the UHRP, praised the court’s courage: “This principled decision strikes at impunity. Democratic states must continue to speak up. This ruling will bring renewed hope not only to Uyghurs, but also to other persecuted groups in China.”
With the case now expected to proceed, plaintiffs and legal advocates are calling for international support to fund the upcoming legal proceedings. The organisations bringing this case are fundraising for the legal proceedings and donations can be made here.
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