MLI: 'According to Teich, international mechanisms can be used to pressure Beijing, including the International Criminal Court (ICC), the International Court of Justice (ICJ), and the United Nations (UN). Such an approach would include encouraging the Office of the Prosecutor of the ICC to open a preliminary examination of the issue, referring the matter to the ICJ, and engaging with the issue via UN human rights mechanisms.
'China’s reservations under the Genocide Convention and the Convention Against Torture may make referral to the ICJ challenging. Yet Teich posits that any such reservations may be considered invalid as “contrary to the object and purpose of the treaties.” Alternatively, an advisory opinion from the ICJ, though not binding, would also help to provide persuasive weight in discouraging the CCP regime.
'“Seeking an advisory opinion on Chinese culpability for atrocities committed against the Uyghurs may push the CCP to change course and/or take actions that would have a favourable impact on public opinion,” argues Teich.
'Domestic legal and policy initiatives can and should be pursued in tandem. For instance, Canada should impose targeted sanctions under its Sergei Magnitsky Law on officials and entities complicit in atrocities committed against Uyghurs. Canada has already sanctioned four individuals and one entity for crimes committed against Uyghurs under this law, but more needs to be done...'