An Overview of the Opening of the China Tribunal
Summary of the First Day of the China Tribunal. 08.07.2024, The Hague.
Opening Words From Oleksandra Matviichuk
Day 1: Crime of Aggression and Taiwanese Statehood
Parallels to Russian Aggression
The Court of the Citizens of the World has charged Xi Jinping, President of the People’s Republic of China, with crime of aggression, crimes against humanity, and genocide under the Rome Statute. The tribunal addressed allegations related to aggression in Taiwan, crimes against humanity in Tibet, and genocide against the Uyghur population in Xinjiang, featuring opening statements, expert and victim testimonies, and closing submissions from both sides.
Proceedings began with evidence of Taiwan's statehood and right to self-determination, followed by Chinese aggression in Taiwan and neighbouring regions. The tribunal then considered crimes against humanity in Tibet and genocide against the Uyghurs in Xinjiang. Expert witnesses and victims provided detailed accounts of these alleged crimes. The tribunal will conclude with final arguments and the judges' deliberation, leading to the public announcement of the verdict.
The Nobel Peace Prize Laureate Oleksandra Matviichuk addressed the opening of the Court session yesterday with a speech delivered personally for The CCW China Tribunal.
"If we want to fight for justice, we have to fight for justice globally. And that is why it's so important to stop human suffering and human rights violations in China, because countries which prosecute their own civil society, jail tech activists, kill journalists, disperse peaceful demonstrations, such a country poses a threat, not only for their own citizens, but also for the entire world, because peace and human rights are inextricably linked”.
The proceedings formally opened with prosecution and defence counsel arguments and witness examination on the Crime of Aggression against Taiwan and neighbouring States.
The Prosecution opening arguments focused on the crime of aggression namely the use of armed force by a State against the sovereignty, integrity or independence of another State and went on to consider the grounds for the recognition of statehood and to what extent it applies to Taiwan, namely that an entity is considered a state if it is recognized as a state by the international community and by a sufficient number of other states. There are 12 states that currently officially recognize Taiwan but there are 112 other states that recognize it through their actions such as establishing embassies, trade missions and cultural missions with Taiwan and so in their actions, give de facto recognition of Taiwan albeit one that is not reflected in official government statements.
Prosecution witnesses including a Professor at the US Naval War College and a former US Navy officer who has worked in a number of positions related to performing political and military analysis on China, and as a staff member of the US China economic and security review commission made the following statements:
"The PRC has sought to undermine or question or raise doubt about the sovereignty of Taiwan and self determination of Taiwan in very similar ways beyond formal diplomatic means. It has, for example, sought to engage in pressure campaigns through conducting military drills in the waters close to Taiwan at various points throughout the last several decades".
"The PRC has conducted missile tests in waters close to Taiwan for the purpose of expressing its displeasure at Taipei governments as seen most recently with Speaker Pelosi’s visit in August 2022. China has deliberately conducted missile tests and also engaged in very provocative military exercises. These missile tests have resulted in missiles landing in the waters near Taiwan. In some of the tests on August 2022, a number of missiles were launched that did not enter Taiwan's airspace only because of Taiwan's ballistic missiles trajectory".
"The United States government has long maintained, what it terms a One China policy, under which it provides formal diplomatic recognition to only one Chinese state, but in which the US government has maintained a position that the ultimate sovereignty of Taiwan has not been settled. So there are different interpretations in different countries as to what a One China policy actually is".
"The political warfare that the PRC conducts against Taiwan is very broad, and it takes many forms, but all of it is oriented towards the subversion of Taiwan's democratic system, and of trying to foster divisions in Taiwan society. All in pursuit of the ultimate CCP goal of annexing Taiwan".
"Both PRC naval and maritime activity that has pushed closer and closer towards Taiwan, in particular towards the offshore islands that are administered by Taiwan. And once again, the the purpose of this is largely twofold, to erode sovereignty, to further make the assertion that Taiwan has no legitimate sovereignty over its own, surrounding air and sea space, as well as to as well as to act as a form of coercion or intimidation against Taiwan's population".
"In the Russia Ukraine context, prior to the full invasion of Ukraine, going back to 2014, when Russian forces seized control of Crimea, the Russian government engaged in what has usually been referred to as hybrid warfare, In that particular context in the seizure of Crimea, the Russian government and Russian military employed, what were essentially soldiers not wearing uniforms, or identifying insignia, to seize control of particular transportation routes and infrastructure sites in Ukraine. And I would say there's a parallel to be drawn, in a land context with what Russian forces did in Ukraine, with what you can point to in a maritime context with what the Chinese government is attempting to do to erode the sovereignty of Taiwan and its ability, its effective ability to administer control over its own air and sea space".