106 Iowa L. Rev. 1007 (2021)

Download PDF

Abstract

Serious human rights abuses have been reported in China involving the Chinese government’s persecution against its ethnic and religious minorities in Xinjiang, with the Uyghurs being its main target. The Chinese authorities have been using advanced technologies like facial recognition, voice recognition, and DNA screening to target and oppress the Uyghurs, with the help of western corporations. This Note focuses on the longdebated topic of corporate liability under international criminal law, especially crimes against humanity. This Note explores the use of corporate civil and criminal liability as a way to motivate corporations to take the necessary responsibility in avoiding perpetrating, or aiding and abetting, serious human rights abuses. This Note urges Congress to reform the current Alien Tort Statute to provide a civil cause of action in the U.S. federal courts. At the same time, this Note proposes a framework to impose corporate criminal liability, including establishing extraterritorial jurisdiction and deciding the mens rea and actus reus elements that may meet the present challenge.