Juridical review of cases of human rights violations against the Uighur Ethnic and its resolution mechanisms in the perspective of international law

Rangga Suganda, Wita Setyaningrum
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Abstract

Human Rights Violation is the act of individuals or groups, including state authorities, who intentionally or unintentionally disregard, restrict, or revoke human rights. Human rights violations committed by the Chinese government against ethnic Uighurs are also occurring in Xinjiang. The presence of human rights violations in Xinjiang is an attempt by the Chinese government to eradicate the Uighur ethnic group's indigenous culture. Also deemed to be rebels, Uighurs have joined international terrorist networks. Consequently, the Chinese government has implemented several actions and policies that are classified as violations of human rights. This study discusses two main issues, namely how cases of violations and crimes against humanity in Xinjiang in the perspective of international law and how the mechanism of settlement of human rights violations that have occurred through the perspective of international law. This research is normative legal research, the sources used are primary, secondary, and tertiary legal materials. The data collection technique is carried out using a literature study technique, and data analysis will be carried out using a normative juridical approach or seeing the law as the norm in society. The results of this study are that among these policies have led to several violations of human rights, ranging from violations of civil and political rights, crimes against humanity, economic discrimination, social, and cultural, to human rights violations against women and children. For this reason, it is very necessary to resolve human rights violations in Xinjiang through international legal instruments, namely the United Nations Charter and the 1998 Rome Statute. Steps that can be taken to resolve human rights violations in Xinjiang are through peaceful resolution of the conflict or through international courts.
国际法视角下维吾尔族人权侵犯案件的司法审查及其解决机制
侵犯人权是指个人或团体,包括国家当局有意或无意地无视、限制或撤销人权的行为。中国政府对维吾尔族的人权侵犯也在新疆发生。在新疆存在侵犯人权的行为,是中国政府企图根除维吾尔族的本土文化。维吾尔人也被视为反叛分子,他们加入了国际恐怖主义网络。因此,中国政府实施了几项被归类为侵犯人权的行动和政策。本研究主要探讨了两个问题,即在国际法的视角下新疆发生的侵犯人权和危害人类罪的案件,以及在国际法的视角下已经发生的侵犯人权行为的解决机制。本研究是规范性法律研究,使用的资料来源是一级、二级和三级法律资料。使用文献研究技术进行数据收集技术,数据分析将使用规范的司法方法或将法律视为社会规范进行。这项研究的结果是,这些政策导致了几项侵犯人权的行为,包括侵犯公民和政治权利、危害人类罪、经济歧视、社会和文化歧视,以及侵犯妇女和儿童的人权。因此,非常有必要通过国际法律文书,即《联合国宪章》和1998年《罗马规约》来解决新疆的人权侵犯问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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