PROSECUTION

v

XI JINPING

INDICTMENT

Confirmed by the Judges 12th July 2024

Pursuant to Rules 18 and 19 of the Statute of the Court (‘Statute’)

The Prosecution, appointed by the Secretariat of the Court of the Citizens of the World pursuant to Rule 4 of the Statute, charges:

XI JINPING

(‘The Accused’)

with the crime of genocide and crimes against humanity contrary to Articles 6 and 7 of the Rome Statute of the International Criminal Court (‘Rome Statute’) and Customary International Law as follows:

I. THE ACCUSED

1.     The Accused (born June 15, 1953, Fuping county, Shaanxi province, China) is a Chinese national and has served as the general secretary of the Chinese Communist Party (CCP) since 2012 and is the president of the People’s Republic of China since 14 March 2013.

II. STATEMENT OF FACTS

A. Charged offences

Crimes Against Humanity in Tibet

Widespread and Systematic Attack

2. Between at least 14 March 2013 and 24 May 2024, the civilian Tibetan people of Tibet – including in the area known as the “Tibet Autonomous Region” (TAR), and the neighbouring provinces of Gansu, Quinghai, Sichuan and Yunnan, known as “Tibet Autonomous Prefectures” (TAP) or “Tibetan Autonomous Counties” (TAC) – have been subjected to a widespread attack, across a wide geographical area, with the construction of colonial boarding schools and the destruction of temples; government imposed interferences and restrictions in the lives of Tibetans occurring across Tibet, including criminalisation of a range of traditional and social practices; restrictions upon the rights of Tibetans to assemble and form associations, to free expression of opinion and belief, and to participate in the cultural life of the Tibetan community; and forcible transfers of a large number of Tibetan children from their families into state run boarding schools and institutions.  These attacks were directed at the civilian Tibetan population, and were highly organised and systematic, using state apparatus, law enforcement and legal process, technology, and mass construction.

3. As part of that attack, and with knowledge of it, the Accused, together with Chen Quanguo and others, committed the following crimes against humanity.

(i) Forcible transfer of children

4. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Chen Quanguo and others, forcibly transferred a large number of Tibetan children, without grounds permitted under international law, from their family homes to another location, namely Han-run state institutions including colonial boarding schools and orphanages, using physical force, or threat or force or coercion such as fear of violence, duress, detention, psychological oppression, abuse of power or by taking advantage of a coercive environment, with knowledge that the conduct was part of or intended to be part of, a widespread or systematic attack directed against the civilian population of the Tibetan people. 

5. The offence was committed as part of a deliberate policy of separating children from their families into state-run institutions for the purpose of eradicating their Tibetan cultural identity and connections and assimilating the Tibetan ethnic minority into the mainstream Han culture and society.

(ii) Imprisonment or other severe deprivation of physical liberty

6. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Chen Quanguo and others, detained or imprisoned a large number of the Tibetan people or otherwise severely deprived the same of their physical liberty, in violation of fundamental rules of international law, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Tibetan people.

7. The offence was committed through the banning of social groups and associations, including via notices issued by authorities in 2014 in Chamdo (within the TAR) and in 2015 in Malho, Qinghai Province (within the TAP), followed by public calls by the Accused on 11 January 2018, for authorities to carry out a special crackdown on “gangs and organised crime”, resulting in the issue, on 7 February 2018, of a “Notice of the Tibet Autonomous Region Public Security Department on Reporting Leads on Crimes and Violations by Underworld Forces”, declaring a range of traditional, religious and social activities among Tibetans to be activities of “underworld forces” constituting “organised crime”.  These actions resulted in the imprisonment or other severe deprivation of physical liberty of members of the civilian Tibetan population in violation of fundamental rules of international law, as well as China’s domestic law, such as the Constitution of the People’s Republic of China.

8. The offence was committed as part of the Chinese Communist Party’s tight-knit control over Tibetan ethnic, cultural and religious practices and activities, including as a measure to prohibit and prevent support for the exiled Dalai Lama, considered by the Party to be encouraging a separatist movement in Tibet.  The unlawful conduct of the Accused and others was propagated as a measure to safeguard public, national and political security.

(iii) Persecution of the civilian Tibetan population

9. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Chen Quanguo and others, severely deprived large numbers of the Tibetan people of fundamental rights, contrary to international law, targeting the Tibetan people based on political, ethnic, cultural and religious grounds; and by forcibly transferring large numbers of Tibetan children, without grounds permitted under international law, from their family homes to another location, namely Han-run state institutions including colonial boarding schools and orphanages, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Tibetan people.

10. The discriminatory acts against the Tibetan population include criminalising a range of traditional and social activities through the enactment or application of public notices or laws with discriminatory effect; thereby severely depriving the Tibetan people of their freedom of religion and their fundamental rights of association, assembly and expression; detaining or imprisoning members of the group by reason of their ethnicity, religion, or cultural identity, and / or their actual or perceived political affiliations; and by separating children from their parents, families, communities and networks, and disassociating Tibetan children from their native language, by removing them into state-run institutions.

11. The civilian Tibetan population were severely deprived of their fundamental rights, contrary to international law, on ethnic, cultural, religious and political grounds.

12. The offence was committed as part of the Chinese Communist Party’s deliberate assimilationist policies, marked by its tight control over Tibetan ethnic, cultural and religious practices and activities, and propagated as a measure to safeguard national and political security.

Genocide and Crimes against Humanity in the XUAR region

Genocide

13. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, with intent to destroy in whole or in part, a national, ethnical, racial or religious group, namely the Uyghur people of the Xinjiang Uyghur Autonomous Region, committed the following acts:

(a) Causing serious bodily harm or mental harm to members of the group, including acts of torture and forced sterilisations;

(b) Imposing measures intended to prevent births within the group; and

(c) Forcibly transferring children of the group to another group.

Widespread and Systematic Attack

14. Between at least 14 March 2013 and 24 May 2024, the civilian Uyghur people of the XUAR were subjected to a widespread attack, across a wide geographical area, with the construction of detention centres, colonial boarding schools and orphanages, and the destruction of mosques and interference in the lives of Uyghurs occurring across the entire Xinjiang Uyghur Autonomous Region (‘XUAR’). The attack was directed at the civilian Uyghur people of the XUAR. It was highly organised and systematic, using state apparatus, technology, mass construction and surveillance.

15. As part of that attack, and with knowledge of it, the Accused, together with Zhu Hailun, Chen Quanguo and others, committed the following crimes against humanity.

(i) Imprisonment or other severe deprivation of physical liberty

16. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, imprisoned large numbers of the Uyghur people or otherwise severely deprived the same of their physical liberty, in violation of fundamental rules of international law, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people.

17. The offence was committed through the creation of an extensive network of detention and penal institutions in XUAR, which has imprisoned hundreds of thousands of Uyghurs without substantive cause and without any recognisable or legitimate legal process.

(ii) Torture

18. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, inflicted severe physical or mental pain or suffering upon large numbers of the Uyghur people, who were in the custody of or under the control of the Accused and others, in circumstances where such pain or suffering was not inherent or incidental to lawful sanctions, with the knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people.

19. The offence was committed through the creation of an extensive network of detention and penal institutions in XUAR where, barbaric, cruel and sadistic torture was perpetrated.

(iii) Rape and sexual violence incl. enforced sterilisation

20. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, inflicted acts of sexual nature upon the Uyghur civilian population, such as invasion, other sexual acts and enforced sterilization, by force or by threat of force or coercion, and where in the case or enforced sterilization the conduct was not justified by medical treatment, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people.

(iv) Forcible transfer of Uyghur children

21. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, forcibly transferred large number of Uyghur children, without grounds permitted under international law, from their family homes to another location, namely Han-run state institutions including colonial boarding schools and orphanages, using physical force, or threat or force or coercion such as fear of violence, duress, detention, psychological oppression, abuse of power or by taking advantage of a coercive environment, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people.  

22. The offence was committed as part of a deliberate policy of separating children from their families into state care for the purpose of eradicating their Uyghur cultural identity and connections.

(v) Forcible transfer of forced labour

23. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, forcibly transferred large number of Uyghur labourers and newly released detainees, without grounds permitted under international law, from their villages or detention facilities, to other locations, namely worksites, using physical force, or threat or force or coercion such as fear of violence, duress, detention, psychological oppression, abuse of power or by taking advantage of a coercive environment, with knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people. 

24. The offence was committed as part of a large-scale enforced labour programme.

(vi) Persecution

25. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, severely deprived large numbers of the Uyghur people of fundamental rights, contrary to international law, targeting the Uyghur people based on political, racial, ethnic, cultural and religious grounds, with the knowledge that the conduct was part of or intended to be part of a widespread or systematic attack directed against the civilian population of the Uyghur people.

26. The discriminatory acts against the Uyghur population include the infliction of economic deprivation and/or discrimination, the plunder of property, the enactment or application of laws with discriminatory effect, discriminatory judicial and legal practice, and the widespread destruction of mosques, graveyards, sites of historical significance and architectural landmarks.

(vii) Enforced disappearance

27. Between at least 14 March 2013 and 24 May 2024, the Accused, together with Zhu Hailun, Chen Quanguo and others, with the authorization, support or acquiescence of the People’s Republic of China (PRC) or the Chinese Communist Party (CCP), arrested, detained or abducted large numbers of the Uyghur people, with refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such persons, with the intention to remove such persons from the protection of the law for a prolonged period of time, and with knowledge that such conduct was part of a widespread or systematic attack directed against the civilian Uyghur population.

28. The Accused had the requisite intent and knowledge for the crimes of aggression, genocide and crimes against humanity.

B. Modes of Liability

29. By his acts as described above, the Accused is individually criminally responsible for committing or attempting to commit each of the crimes charged in this indictment through the following modes of liability (with the requisite knowledge and intent for each mode of liability and crime):

(a) Commission (Art 25(3)(a) of the Rome Statute)

(b) Ordering/soliciting/inducing (Art 25 (3)(b) Rome Statute)

(c) Aiding/abetting/assisting (Art 25(3)(c) Rome Statute)

(d) Other contribution (Art 25(3)(d) Rome Statute)

(e) Incitement (genocide only – Art 25(3)(e) Rome Statute)

(f) Attempt (Art 25(3)(f) Rome Statute)

(g) Responsibility of superior over subordinates in his effective authority and control (Art 28 Rome Statute)

(h) Responsibility of superior over subordinates (under customary international law)

(i) Planning, preparation and initiation (under customary international law)

(j) Participation in a common plan or conspiracy (under customary international law)

III. STATEMENT OF CRIMES

30. Through the acts described above, the Accused, who was in a position of effective authority and control with the PRC, committed or attempted, and/or incited, and/or assisted, and/or made other significant contribution to, the crimes charged in this indictment.

31. Accordingly, the Accused is individually criminally responsible for:

Count 1: the Crime against Humanity of Forcible Transfer of Population (children), between at least 14 March 2013 and 24 May 2024, contrary to Article 7(d) of the Rome Statute (Tibet)

Count 2: the Crime against Humanity of Imprisonment or other severe deprivation of physical liberty, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(e) of the Rome Statute (Tibet)

Count 3: the Crime against Humanity of Imprisonment of Persecution, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(h) of the Rome Statute (Tibet)

Count 4: Genocide, between at least 14 March 2013 and 24 May 2024, contrary to Article 6(b), (d) and (e) of the Rome Statute (XUAR);

Count 5: the Crime against Humanity of Imprisonment or Severe Deprivation or Physical Liberty, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(e) of the Rome Statute (XUAR);

Count 6: the Crime against Humanity of Torture, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(f) of the Rome Statute (XUAR);

Count 7: the Crime against Humanity of Rape, Sexual Violence and Enforced Sterilization, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(g) of the Rome Statute (XUAR);

Count 8: the Crime against Humanity Forcible Transfer of Population (children), between at least 14 March 2013 and 24 May 2024, contrary to Article 7(d) of the Rome Statute (XUAR);

Count 9: the Crime against Humanity of Forcible Transfer of Population (forced labour), between at least 14 March 2013 and 24 May 2024, contrary to Article 7(d) of the Rome Statute (XUAR);

Count 10: the Crime against Humanity of Persecution, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(h) of the Rome Statute (XUAR); and

Count 11: the Crime against Humanity of Enforced Disappearance, between at least 14 March 2013 and 24 May 2024, contrary to Article 7(i) of the Rome Statute (XUAR).

32. All sections of this indictment should be read in conjunction with one another.

12th July 2024