The Chinese Communist Party Operates As A “Foreign Terrorist Organization” Per 8 U.S.C. § 1189 

Journal of Political Risk, Vol. 8, No. 11, November 2020

By Dr. Terri Marsh, J.D. (Human Rights Law Foundation) and Dr. Teng Biao (University of Chicago)

Chinese Communist Party flag. Source: Wikimedia

The Chinese Communist Party (the Party) was founded in 1921 to defeat the Nationalist Party, or Kuomintang, through a “violent revolution” and establish a totalitarian communist state. Since its victory in 1949, it has directed a wide range of activities that include the waging of violent suppression campaigns, providing material support to known terrorist organizations and state sponsors of terrorism, abducting foreign diplomats, in addition to the use of forms of “soft” power to export repression through an “increasingly powerful and brutal totalitarianism that is metastasizing globally.” Operating without constitutional support,[1] left to its own devices, it will continue to rewrite international norms and create a new international order in which the rule of law, human dignity, democracy and justice are debased and denied.

The U.S. government has shown an increasing willingness to confront the Party on different policy fronts, including by calling it out for human rights abuses and encroachments of civil liberties around the world. It has publicly sanctioned four Party officials (though more may be subject to visa restrictions) in connection with persecution in Xinjiang, including senior Chinese Communist Party officials Chen Quanguo (Politburo member and Party Secretary of Xinjiang, who perfected his tools of repression in Tibet) and Zhu Hailun (Deputy Party Secretary of Xinjiang). It has also recently issued robust sanctions against the Party-controlled Xinjiang Public Security Bureau (XPSB)[2] also in connection to the severe human rights abuses leveled against ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR).[3]

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China: The Struggle for Territory Eclipses Trade

Journal of Political Risk, Vol. 8, No. 6, June 2020

By William R. Hawkins

A tank unit of the Chinese Army underway. The number of tanks in China’s armored forces ranks third in the world. The main battle tanks have the ability to fight under nuclear and night conditions. Photo by: Sovfoto/Universal Images Group via Getty Images

In February 1999, President Bill Clinton opened a major foreign policy speech by  claiming, “Perhaps for the first time in history, the world’s leading nations are not engaged in a struggle with each other for security or territory. The world clearly is coming together.” This was the height of the post-Cold War delusion that history had come to an end and that a new world order had dawned based on a global partnership for economic development. Yet, Clinton knew that this was still a work in progress. In the same San Francisco speech he talked about conflicts in the Middle East, Southwest Asia and the Balkans, the threat of nuclear proliferation, and the need to bring Russia and China “into the international system as open, prosperous, stable nations.” The emphasis, however, was always on economics, a peaceful way to rise within classical liberal theory, transcending political issues and separating wealth from power in an interdependent world.

The classical liberal view held that wealth could be best pursued outside the bounds of sovereign territory. Borders were not to impede the movement of people, capital or goods which were motivated by material gain and self-improvement. Their frame of reference was the efficient use of resources world-wide to maximize global output, not their relative use among national sub-units. Peace would be the result of economic interdependence as trade could gain access to resources at less cost than conquest, and that once entangled in global supply chains, the cost of disruption for political reasons would be unbearable. The classical worldview was very popular in the 19th century prior to World War I and revived briefly during the interwar years only to be once again vanquished by World War II. The rapid onset of the Cold War kept such idealism in check, but it burst forth again after the Berlin Wall came down, symbolically opening the world to new possibilities.

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The Legitimacy of U.S. “Intervention” in Hong Kong and East Turkistan

By William R. Hawkins

Journal of Political Risk, Vol. 7, No. 12, December 2019

This photo taken on May 31, 2019 shows a watchtower on a high-security facility near what is believed to be a re-education camp where mostly Muslim ethnic minorities are detained, on the outskirts of Hotan, in China’s northwestern Xinjiang region. As many as one million ethnic Uighurs and other mostly Muslim minorities are believed to be held in a network of internment camps in Xinjiang, but China has not given any figures and describes the facilities as “vocational education centres” aimed at steering people away from extremism. (Photo by GREG BAKER / AFP via Getty Images)

On the surface, the Hong Kong Democracy and Human Rights Act and the Uyghur Human Rights Policy Act seem similar. Both condemn oppression in the People’s Republic of China and declare that American values of human rights, democracy and religious freedom are the proper norms on which Beijing’s actions will be evaluated. Violation of these standards will bring sanctions against those held responsible and could affect how the broader relations between the PRC and the U.S. will be conducted going forward.

The situations in the Hong Kong Special Autonomous Region and the Xinjiang Uyghur Autonomous Region (East Turkistan) are different as are particular measures in the two bills. The legislative efforts are, however, united in a common concern seen on both sides of the aisle. Americans cannot look askance from what happens in China without betraying their own values.

The U.S. interest in Hong Kong’s autonomy, prosperity and liberty (all seen as interconnected) goes back to the United States-Hong Kong Policy Act of 1992 which states “Support for democratization is a fundamental principle of United States foreign policy.” The British turned Hong Kong back to China in 1997 after governing the city since 1847. Though Hong Kong was not a democracy, it became one of the great cities of the world due to the culture of freedom and Western values conveyed by the British. In 1984, when London and Beijing negotiated Hong Kong’s future, the Chinese pledged that “The current social and economic systems in Hong Kong will remain unchanged, and so will the life-style” for 50 years. The British hoped that in another half century, the Communist regime would reform itself in positive ways, even perhaps out of existence. Unfortunately, as Hong Kong nears the half-way point of this special status, Beijing seems more of a threat than ever before. Under the arguably megalomaniac General Secretary Xi Jinping whose “China Dream” is to wield dominant global power by 2049 (the centennial of the Communist takeover), the “one country, two systems” balance will end with the rule of just one system, communism. Continue reading