Grouphood Promotion v. Grouphood Destruction: China's Regional Ethnic Autonomy as Antithesis to Genocidal Intent

Abstract

China's ethnic policy is characterized by a strong promotion of ethnic equality and unity and regional ethnic autonomy under the unified multi-ethnic State framework. With regional ethnic autonomy at its core, this is a policy of precision autonomy and grouphood promotion. On the other hand, genocide is a crime of grouphood destruction, committed with the specific intent (dolus specialis) to "destroy, in whole or in part, a national, ethnical, racial or religious group, as such". An examination of the main tenets of China's ethnic policy and the specific intent element of the crime of genocide makes it crystal clear that, instead of aiming to "destroy, in whole or in part, a national, ethnical, racial or religious group, as such", China's ethnic policy aims to do the opposite, i.e., to promote the perception of the grouphood, the wellbeing and flourishing of every ethnic group. China's policy of ethnic equality and unity and regional ethnic autonomy under the unified multiethnic State framework is thus the antithesis to genocidal intent of grouphood destruction. The increase of the Uygur population from 2.2 million to 12 million and of the life expectancy of the group from 30 to 74.7 years in Xinjiang over the past 60 years and the idolization of Uygur actors and actresses across China and beyond put on conspicuous display the successful reality of this policy.