Argentina reaffirms its commitment to Universal Jurisdiction by pursuing the cause of the Uyghur people in China
Last Wednesday, June 18, 2025, the National Chamber of Criminal Cassation, Argentina’s highest criminal court, issued a landmark ruling that reinforces the principle of universal jurisdiction and opens a door of hope for the Uyghur people. The court unanimously ruled that there are no legal impediments to open a criminal case for crimes against humanity and genocide committed by members of the Chinese regime against the Uyghur minority, and ordered the formation of a new court of the Federal Chamber of Appeals to implement its decision.
This ruling marks a milestone in the search for international justice for the Uyghur people, whose tragedy has been extensively documented: mass detentions in concentration camps, intense surveillance, torture, forced abortions, forced sterilizations, disappearances, enslavement and systematic persecution based on ethnic and religious grounds. Despite the abundant evidence, the victims have so far not found a judicial forum willing to move forward due to the influence of China, a permanent member of the UN Security Council, which blocks the creation of ad hoc tribunals, and its refusal to join the International Criminal Court.
The criminal complaint, promoted by the Uyghur Human Rights Project, the World Uyghur Congress and Lawyers for Uyghur Rights, was filed on August 16, 2022 before the federal courts of Buenos Aires. It is based on Article 118 of the Argentine National Constitution, which states that crimes under international law, such as genocide and crimes against humanity, can be tried by Argentine courts, regardless of where they were committed. Thanks to this provision, Argentina has become a benchmark in matters of universal jurisdiction, with several proceedings open against those responsible for serious human rights violations in different parts of the world.
The judicial path has not been without obstacles. On July 11, 2024, the same Chamber of Cassation had reversed a decision to close the case issued by the Buenos Aires Court of Appeals and ordered the prosecutor to open an investigation. However, the Appeals Chamber refused to comply with the order of its superior court. Therefore, the new resolution not only reaffirms the validity of the case, but also demands the formation of a reconstituted appeals court to guarantee the effective opening of the case.
International lawyer Michael Polak, president of Lawyers for Uyghur Rights, celebrated the decision, affirming the courage of the Argentine justice system to confront these types of crimes. Polak traveled to Buenos Aires along with Uyghur leaders such as Dolkun Isa, former president of the World Uyghur Congress, and Omer Kanat, executive director of the Uyghur Human Rights Project, to push the case together with Argentine lawyers Gabriel Cavallo and Juan Nieto, both with experience in universal justice cases.
The Argentine justice system once again demonstrates that it is possible to apply this principle with courage, even in the face of world powers. The Uyghur case represents not only a possible relief for the victims, but also a reminder that the fight against impunity for the most atrocious crimes is a commitment that transcends governments and borders.
Carmen Coleto Martínez, FIBGAR Junior Project Manager
