Argentina’s Highest Criminal Court Rules in Favor of Proceeding With Uyghur Universal Jurisdiction Case
June 23, 2025 | 9:00 a.m. EDT
For Immediate Release
Contact: Peter Irwin +1 (646) 906-7722, Omer Kanat +1 (202) 790-1795
On Wednesday, June 18, 2025, Argentina’s highest criminal court, the Federal Court of Criminal Cassation (Cámara Nacional de Casación Penal), ruled in favor of the universal jurisdiction case brought by the Uyghur Human Rights Project, the World Uyghur Congress, and Lawyers for Uyghur Rights for crimes against humanity and genocide committed against the Uyghur people by members of the Chinese regime.
The Court of Cassation held that there are no legal impediments to the opening of the case, that the case should be opened, and ordered that a new constitution of judges of the Federal Court of Appeal be convened in order to implement their ruling.
This ruling will result in the opening of a criminal case for the Uyghur people whose plight, which has included forced abortions, torture, incarceration in concentration camps, systematic sexual offences, forced sterilisation, murder, forced disappearances, enslavement, and persecution, has been well documented. Despite this, they have been denied justice due to China’s power to veto the creation of any tribunal by the Security Council and China refusing to join the International Criminal Court.
The criminal complaint, in relation to the clear evidence of crimes against humanity and genocide against the Uyghur people by the Chinese regime, was filed on 16 August 2022 at the Federal Criminal Court in Buenos Aires, under the universal jurisdiction provisions set out in Article 118 of Argentinian Constitution, which allow for complaints concerning international crimes to be tried by any court in Argentina, no matter where these offences occur around the world. There are a number of cases currently open in Argentina, and arrest warrants issued, in relation to grave human rights breaches around the world.
The Court of Cassation’s latest unanimous decision follows their previous decision on 11 July 2024, where they held that the Court of Appeal of Buenos Aires had been wrong to agree with the Prosecutor’s decision to archive the complaint and ordered the Prosecutor to open an investigation. Subsequent to this, the Court of Appeal refused to implement the ruling of the higher Court. The Court of Cassation’s more recent decision that there are no legal impediments to the opening of a case also demands that a reconstituted Court of Appeal implement their decision, can be seen as means of ensuring that the higher court’s decision is followed by the Court below.
International Counsel Michael Polak, and Uyghur leaders Dolkun Isa, former President of the World Uyghur Congress and a plaintiff in the criminal case, and Omer Kanat, Executive Director of Washington-based Uyghur Human Rights Project, travelled to Argentina in November to help take the case forward. Michael is working with esteemed Argentinian lawyers Gabriel Cavallo and Juan Nieto who have experience providing justice for the victims of international crimes before the Courts of Argentina.
International Counsel and chair of the group Lawyers for Uyghur Rights, Michael Polak stated the following:
“This is a monumental decision of the Court of Cassation which not only holds that a criminal case should be opened into the crimes against humanity and genocide of the Uyghur people but also orders that a reconstituted Court of Appeal panel should implement its decision.
“This brave decision protects the objectivity of the Argentinian legal system and its impartiality in the application of the Argentinian Constitution.
“The Chinese regime’s shameless attacks on the Uyghur people, based on their ethnicity and religion, which amount to the most serious international crimes, are well documented by international organisations, the press, and even the United Nations. Despite this, up until now, no avenue for justice has been open to them. This case, in which the Argentinian Courts can put the perpetrators of crimes against humanity and genocide on trial, will show that possibility of impunity for atrocities against defenceless people and groups is closing.”
Argentinian Lawyer for the case Juan Nieto stated:
“The ruling of the Court of Cassation has an enormous significance because it recognizes the right of Uyghur people’s organizations to be admitted as private prosecutors in the criminal investigation. Also, it establishes that universal jurisdiction in Argentina does not require any requirements further than those included in the Argentine Constitution. It is the Argentine Constitution that allows the Uyghurs, victims of genocide and crimes against humanity, to seek justice in our country.
“We know that the reported facts are true, and we know that investigating these facts is complex and requires prudence. The progress toward determining the truth, achieving justice, and recognizing the victims, is truly undeniable. We hope that this will be the first of many steps in the right direction of a judiciary system in which we always trust.
“We will ask that the Argentine justice system listen directly to the victims and will collaborate with an investigation that must be serious and thorough.”
Mr Dolkun Isa, immediate past president of the World Uyghur Congress and a plaintiff in the case stated:
“This step gives us and the entire Uyghur community great hope that we are one step closer to accountability. Once the Court of Appeal formally opens the case the Courts will hear indisputable evidence of the atrocities carried out against our people.”
Mr Omer Kanat, Executive Director of the Uyghur Human Rights Project states:
“It is great that the Court of Cassation has taken this brave and principled decision against impunity. The Uyghur people have been suffering for a long time and democratic states should continue to speak up for us. The Court’s decision will bring hope to the Uyghurs and other oppressed people in China.”
The organisations bringing this case are fundraising for the legal proceedings and donations can be made here.