China watchChina’s Abuse of the Uighurs: Does the Genocide Label Fit?

By John B. Bellinger III

Published 8 February 2021

On his last full day in office, U.S. Secretary of State Mike Pompeo determined that the Chinese government is committing genocide against the Uighurs and other minority groups in the Xinjiang region. The Biden administration is reviewing the decision. But what does the genocide label mean, and what would using it entail for U.S. foreign policy?

On his last full day in office, U.S. Secretary of State Mike Pompeo determined that the Chinese government is committing genocide against the Uighurs and other minority groups in the Xinjiang region. The Joe Biden administration is reviewing the decision.

Here’s what the genocide label means and what using it could entail for U.S. foreign policy.

What Was the Basis for Pompeo’s Determination?
Secretary Pompeo did not provide a detailed legal or factual justification for his genocide determination. He stated that “we are witnessing the systematic attempt to destroy Uyghurs by the Chinese party-state,” and that Chinese authorities “have made clear that they are engaged in the forced assimilation and eventual erasure of a vulnerable ethnic and religious minority group.” However, he did not explain how the governing authorities had “made clear” that they were engaged in genocide.

Additionally, he determined that the Chinese authorities are also committing “crimes against humanity” against the Uighurs and other minorities in Xinjiang. These crimes include “arbitrary imprisonment or other severe deprivation of physical liberty,” “forced sterilization,” “torture,” and “forced labor.” 

How Has the U.S. Government Traditionally Made Such Determinations?
There is no formal procedure for genocide determinations. Previous secretaries of state have announced findings of genocide in at least five other situations: Bosnia (1993), Rwanda (1994), Iraq (1995), Darfur (2004), and areas under the control of the self-proclaimed Islamic State (2016 and 2017). The internal procedure for these determinations has varied, but secretaries of state have generally made decisions based on evidence collected by the State Department’s policy and intelligence staff, which is typically assessed by department attorneys.

However, the process has sometimes led to disagreements within the State Department and between the department and Congress. Department attorneys have historically adopted a strict interpretation of what constitutes genocide for purposes of the 1948 Genocide Convention.