[Celebrating World Falun Dafa Day] Falun Dafa Has Given Me a New Life

May 28, 2015 | By a practitioner in China

(Minghui.org) I will never forget March 9, 1997, the day I found Falun Dafa. This is the day I was given a new life.

I once had many illnesses: congenital heart disease, cholecystitis, shoulder periarthritis, peritenonitis, back problems, stomach problems, insomnia, dizziness, and migraines. The migraines were particularly stubborn and nothing helped, even though I tried all kinds of medications.

As time went by, the migraines worsened and I could hardly sleep when the headaches came. It was a vicious cycle. My face was sallow, with brown marks everywhere. Even though I was only in my 40s, my hair turned completely gray and I looked like a 70-year-old.

My poor health prevented me from earning an income. All our savings were spent on my medical treatment. My family was living a very hard life with little material comfort. Life was so difficult, I just wanted to die.

I had no spiritual belief because I had been brainwashed by the Chinese Communist Party. Despite this and out of desperation, I went to a Falun Gong practice site near my home on March 9, 1997.

As I started to do the second exercise, I began to vomit uncontrollably. By the time I finished the exercise, I felt extremely weak all over. I didn’t know how I managed to get home. I dropped into bed and slept for three days and nights. When I awoke, my insomnia and painful migraines were gone. It was truly miraculous!

I visited a veteran Falun Gong practitioner straight away and told her that I wanted to read Dafa books. She gave me a copy of Zhuan Falun. It was a wonderful book and cleared away all my confusion. I understood that we live in human society to return to our true selves. I learned why people get sick and how to live an illness-free life, and most importantly, I understood how to become a good person.

Two months after I started reading Zhuan Falun, all my illness symptoms were gone. My complexion became fine and rosy with no marks. My hair gradually turned black again. I felt like a young woman, with endless energy.

“You Are the Most Trustworthy”

I used to work as a shop assistant. A common practice for shop assistants was to do an inventory at the end of each month. If any money was left over, we would use it to buy items for ourselves. I did the same. When we wanted to buy anything, we did not pay cash, but bartered among each other with the items we were selling.

After I started practicing Falun Dafa, I conducted myself according to the Fa principles. I worked out the value of the items that I had taken before, and paid it back to my workplace.

“Don’t worry about what happened in the past. It’ll be fine if we don’t do this any more,” my colleague said.

“I’m now a Dafa practitioner and should do things according to the Fa’s requirements with no hedging,” I said.

Seeing how I conducted myself according to the Fa’s principles, my manager asked me to handle the incoming money. We needed to check the accounts every day. Sometimes, shop assistants lost their sale tickets and the cashier would end up with extra money.

Some cashiers would take that extra money home without telling the shop assistants concerned, but I never did this. When I had extra money, I would tell the shop assistants and ask them to find the sale tickets. If they could not find them, I would help them write one up.

Later, our workplace closed down and we all lost our jobs. Some of my colleagues started their own businesses and wanted me to manage their stores. They would say, “You are the most trustworthy because you practice Falun Gong.”

Resolving Family Conflicts

As long as I could remember, my mother would hit me. Since I was a child, she seemed full of resentment whenever she saw me. She would hit me with a metal hook, which gave me new wounds every day.

I did many chores in and around the home. I did the shopping, drew and carried water from the well, maintained the yard, and did all the cooking. My mom never seemed to care about me. In order to get away from her, I got married at a young age.

As the youngest in his family, my husband was lazy, irresponsible, and selfish. He would often keep what he earned to himself. We argued about this and I would often go to his workplace to get his paycheck.

Finally, I decided to divorce him. But, for some reason, we just did not get around to it. I hated my mother and my husband, and was in tears all day long. My health deteriorated and I developed all sorts of illnesses. I spent all my money on medical treatment, and life felt like hell.

Then I began to practice Falun Dafa, and I changed into a different person.

Master said,

“In cultivation practice, there may be two scenarios when dealing with specific conflicts or when others treat you badly. One is that you might have treated this person badly in your previous life. You feel in your heart that it is unfair, ‘How can this person treat me like this?’ Then why did you treat this person that way in the past? You might claim that you actually did not know it at that time, and this life has nothing to do with the other life. That does not work. There is another issue. In conflicts, the issue of transforming karma is involved. Therefore, in dealing with specific conflicts we should be forgiving instead of acting like ordinary people.” (Zhuan Falun)

I understood that there were karmic reasons for why my mom and husband treated me badly. It was because I was indebted to them from previous lives and I shouldn’t hate them. Now that I’m a Falun Gong practitioner, I must conduct myself based on the requirements of the Fa.

I started visiting my mom, whom I had not seen in almost ten years. I bought her the food and clothing she liked. I helped her with household chores. Gradually she began to be nice to me. When she was sick and in the hospital, I took good care of her.

My brother’s wife would often say to her family and friends, “Since my sister-in-law became a Falun Dafa practitioner, she has never argued with us. When my mother-in-law is sick, she rushes to take care of her and does not even tell us about what she did.”

I also stopped arguing with my husband. I no longer got angry about our money problems, nor did I complain about his behavior. Our family life is now filled with happiness and harmony.

My husband now says to his colleagues, “Since my wife learned Falun Dafa, she no longer fights with me or complains about me. She has also fully recovered from her poor health. Falun Dafa is truly amazing.”

My Daughter Benefits from Falun Dafa

“Falun Dafa is really good,” I said to my daughter. “You ought to read the book, too.”

Even though she did not take up the practice, she read Zhuan Falun and found its teachings very good. But she also benefits simply because she thinks the principles of Truthfulness-Compassion-Forbearance are good and she supports me in my practice.

My daughter has not had to go to the doctor since 1997 and seldom takes medicine, as she is so healthy. After she graduated from the university, she wanted to work in Beijing. We didn’t know anyone in Beijing and had no connections.

To our surprise, she found a great job in Beijing with very good pay. She was promoted three times in short order, and her pay increased accordingly.

My daughter often says that she never dreamed of having such a good job. I know that all this comes from Dafa and that Master has helped her.

Chinese version available

Category: Journeys of Cultivation

Jiang Zemin is Liable for the Widespread Torture of Falun Gong Believers

May 28, 2015 | Human Rights Law Foundation

I. Introduction

Jiang Zemin is responsible for the douzheng campaign perpetrated against Falun Gong believers in China that comprises torture (including widespread organ harvesting), genocide, other crimes against humanity, degrading and inhumane treatment, and unlawful arrest and detention/imprisonment. These crimes were carried out pursuant to his orders, strategy, planning, supervision, and management as part of his decision to purge China of Falun Gong. This report looks at Jiang’s role in the douzheng torture campaign against Falun Gong. A follow up report will examine his role in the perpetration of genocide and the other egregious violations referenced in this paragraph.

II. Torture: A Test Case

The most commonly accepted definition of torture is that found in the Torture Convention. Article 1 of the Torture Convention defines torture as:

[A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him (or a third person) information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind when pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or person acting in an official capacity.1

The torture of Falun Gong believers in China remains widespread and systematic. Reports of abuse, including photographs and first-hand accounts, continue to be received by HRLF from Falun Gong believers on a daily basis. Torture is used primarily to extract confessions through forced religious conversion practices, as well as to extract information on the whereabouts and activities of other individuals. Virtually all Falun Gong believers who have been subjected to apprehension or detention have been subjected to torture.

1. Legal framework

The widespread use of torture against Falun Gong believers is a direct violation of numerous articles of both Chinese and international law. These include Articles 43 of the PRC Criminal Procedural Law, which prohibits collecting evidence or extorting a confession through torture or threat, enticement or deceit; and Article 247 of the Criminal Law, and the Convention Against Torture, ratified by the PRC in 1988.2 Although the use of torture against Falun Gong practitioners is a violation of Chinese law, it is consistent with CCP security forces’ manner of handling of groups deemed as the Party’s ideological enemies. This status is indicated via Jiang Zemin-instigated propaganda calling for the “douzheng” violent suppression of Falun Gong, and the use of various forms of ideological justification and approving rhetoric to tacitly or explicitly encourage the use of torture against all believers. All levels of the CCP hierarchy have engaged in such calls to torture pursuant to the orders, plans, strategy, and instructions of Jiang Zemin.3 As the Party is above all legal restraint in China, anti-torture provisions do not effectively constrain its security forces’ treatment of Falun Gong (or for that matter of other prisoners of conscience in China).

2. Conditions in China

2.1 Widespread torture of Falun Gong in China

Since 1999, over 70,000 individual reports of torture and abuse in custody of Falun Gong adherents have been relayed from sources within China. Since 2009, HRLF has surveyed hundreds of formerly detained Falun Gong practitioners. Virtually all respondents reported being tortured in detention. These findings are consistent with accounts of Chinese lawyers working with HRLF, who report that of the dozens of Falun Gong cases they have handled, all of their clients were subjected to torture. Direct reporting from sources in China to the Minghui website has named 1,680 Falun Gong adherents tortured during 2010, suggesting that a minimum of 7,000 to 8,000 Falun Gong practitioners were tortured between 2009 and 2013. Given the difficulty of reporting such incidents in China’s censorship environment, the actual numbers are undoubtedly higher, reaching at least several million.

These findings are consistent with reports by other human rights observers and the U.N. Special Rapporteur for Torture, who in 2005 reported that 66 percent of the torture complaints submitted to his mandate involved Falun Gong victims.4 In March of 2006, UN Special Rapporteur Dr. Manfred Novak reaffirmed findings that torture remained widespread.5 UN Special Rapporteur, Sir Nigel Rodley, has reported that “[p]ractitioners are subjected to public humiliation for their membership in Falun Gong . . . [m]any are said to have suffered torture or ill treatment.”6

The United States Department of State has similarly described the widespread use of torture to coerce Falun Gong believers to renounce their religious beliefs. According to the US Department of State 2006 Human Rights Country Report,7 “[t]he government continued its use of [torture] . . . to force practitioners to renounce Falun Gong.”

Several United States courts have indicated that torture is a widespread ongoing measure used against Falun Gong believers. For example, the Seventh Circuit has made clear that membership in Falun Gong is a basis for fear of future persecution if deported to China. In particular, the Seventh Circuit Court of Appeals found that “the [US] government acknowledges that China persecutes adherents to Falun Gong . . . [and that] the Chinese government’s determination to eradicate it root and branch is mysterious, but undeniable.” See Iao v. Gonzales, C.A. 7, 2005 (No. 04-1700).

U.S. courts have even found high-ranking Chinese officials liable for widespread persecutory campaigns that deprived Falun Gong practitioners of their right to be free from torture in China. In Doe v. Liu Qi, 349 F.Supp.2d 1258, 1334 (N.D. Cal. 2004), the court concluded that “the People’s Republic of China appears to have covertly authorized but publicly disclaimed the alleged human rights violations caused or permitted by Defendants . . . Defendants Liu and Xia are responsible respectively for violations of the rights of [plaintiffs] to be free from torture . . . cruel, inhuman, or degrading treatment . . . [and] arbitrary detention.” Similarly, in Wei Ye et al. v. Jiang Zemin et al., 383 F.3d 620 (7th Cir. 2004), the Seventh Circuit Court of Appeals affirmed plaintiffs’ widespread allegations of torture and ill treatment at the hands of Jiang Zemin. Although the court ultimately dismissed the case on head-of-state immunity grounds, it made several findings of fact supporting plaintiffs’ allegations: “On June 10, 1999, President Jiang established, as part of the Party’s apparatus, the Falun Gong Control Office. The office is known as ‘Office 6/10’ after the date of its creation. In July 1999, President Jiang issued an edict outlawing Falun Gong. This edict was followed by mass arrests . . . torture, ‘re-education,’ and the killing of members.” Id. at 622.

On July 15, 2008, the Israeli Rabbinical Council likewise found that “on the basis of the accumulation of the various testimonies and indirect evidence . . . there were unnumbered cases of killing of innocent Falun Gong practitioners through torture.” Indictments issued by courts in Spain and Argentina have reached similar conclusions.8

2.2 Severity of the torture

Common torture methods are severe and include beatings, shocking with electric batons, suspension upside down in stress positions, breaking of limbs, violent force-feedings, prolonged sleep deprivation, injections with psychotropic drugs, medical experimentation, organ harvesting, forced sterilization, rape and sexual assault, and humiliation. Former detainees in labor camps who are not Falun Gong practitioners have confirmed that Falun Gong believers in the camps are singled out for torture and abuse.9

The severity of the torture endured by Falun Gong practitioners and their supporters, at both the national and local levels throughout China has been confirmed and extensively documented by the U.S. government in its Country Reports on Human Rights Practices and its Annual Reports on International Religious Freedom, as well as in reports issued by independent human rights groups such as Amnesty International and Human Rights Watch.

For example, the Annual Report on International Religious Freedom for 2001, issued by the U.S. Department of State in December 2001, includes numerous specific references to the major human rights abuses and violations being committed against Falun Gong practitioners in an effort to eliminate them and totally eradicate the presence of Falun Gong in China. The report describes the “crackdown” against the Falun Gong as tied to the authorities’ effort “to control and regulate religious groups to prevent the rise of groups or sources of authority outside the control of the Government and the Chinese Communist Party.” (Page 122) It noted in 2001 that “approximately 100 or more Falun Gong adherents have died in detention since 1999” (p.122); that “many of their bodies reportedly bore signs of severe beatings and/or torture;” that “police often used excessive force when detaining peaceful Falun Gong protesters, including some who were elderly or who were accompanied by small children;” and that “torture (including by electric shock and by having hands and feet shackled and linked with crossed steel chains)” was widely reported (page 131).

The continued application of severe torture to those who refuse to renounce their Falun Gong faith has been affirmed in successive reports.10 The U.S. Department of State’s International Religious Freedom Report for 2006 notes that “Falun Gong practitioners continued to face arrest, detention and imprisonment, and there have been credible reports of deaths due to torture and abuse. Practitioners who refuse to recant their beliefs are . . . subjected to harsh treatment in prisons, reeducation through labor camps, and extra-judicial ‘legal education’ centers, while some who recanted returned from detention.”

The internationally known attorney Gao Zhisheng, who now is imprisoned himself, visited the homes of dozens of Falun Gong practitioners in China. All of these practitioners told him that they were subjected to severe torture in Re-education through Labor facilities, brainwashing centers, and labor camps based solely on their refusal to renounce their belief in the Falun Gong religion. Gao Zhisheng reported “[i]mmoral acts that shocked my soul; the most [being] . . . the lewd yet routine practice of attacking women’s genitals by 610 Office staff and the police. Almost every woman’s genitals and breasts or every man’s genitals have been sexually assaulted during the persecution in a most vulgar fashion. Almost all who have been persecuted, be they male or female, were first stripped naked before any torture. Falun Gong . . . [and m]any are said to have suffered torture or ill treatment.”11

2.3 Other Types of Torture

Organ Harvesting

The use of organ harvesting against Falun Gong practitioners in China remains widespread and systematic. Reports of abuse, including first-hand accounts, have begun to emerge.12 Organ harvesting is used primarily to supply China’s organ transplant industry. Reports documenting the practice have been published by David Matas and David Kilgour, Ethan Guttmann, and Matt Robinson.13 Damon Noto, Director of Physicians against Organ Harvesting has also contributed significantly to the debate.14

Organ harvesting procedures are part of the more comprehensive pattern of torture abuses that are inflicted upon Falun Gong believers. The organ harvest procedures cannot be separated from the other acts of torture and persecution. They are the “final solution” to Jiang Zemin’s douzheng campaign of torture and persecution against Falun Gong.

Legal Framework

Organ harvesting meets the definition of torture under the Torture Convention. The use of organ harvesting is not only a direct violation of the Torture Convention that China ratified in 1988 but also violates Chinese law. Article 234(a) of the Criminal Law of China criminalizes both the selling of organs and their removal without consent.

Conditions on the ground

Since 2006, there have been persistent reports of Falun Gong prisoners of conscience being killed to supply China’s organ transplant industry. Following its review of China’s compliance with the CAT in 2008, the UN Committee against Torture expressed concern over “information received that Falun Gong practitioners have been extensively subjected to torture and ill-treatment in prisons and that some of them have been used for organ transplants.”15 It recommended an immediate, independent investigation into the claims and appropriate measures to ensure the prosecution of those responsible.

Chinese authorities have failed to provide information adequately addressing these concerns, such as a transparent accounting of the source of organs, due to high-level involvement in these abuses. A series of phone calls made to several high-level officials has corroborated the widespread use of the practice against Falun Gong. See, e.g., http://www.theepochtimes.com/n2/china-news/phone-logs-reveal-top-chinese-officials-knowledge-of-organ-harvesting-230616-all.html. More recently, in September 2014, a high-ranking Chinese official not only corroborated the practice, but also directly implicated Jiang’s involvement. According to a secretly recorded telephone conversation, when asked where the orders to harvest Falun Gong practitioners’ organs came from, Bai Shuzhong, former Minister of Health of the People’s Liberation Army General Logistics Department, replied, “At the time it was from Chairman Jiang, there was an instruction, an instruction to start this thing, organ transplantation.” See http://www.theepochtimes.com/n3/1182255-chinese-officer-jiang-zemin-ordered-organ-harvesting/.

3. Rape and gender-based abuse

Gang rape, rape, and other forms of gender-based abuses are used to coerce forced confessions from women who practice Falun Gong in China. According to Gao Zhizheng and several other experts, the practice of attacking women’s genitals is routine. Almost all women who have been tortured have been stripped naked first. See supra at notes 5 and 11. Elderly women have been raped, as have young unmarried women. Even a nine-year old girl was raped in order to coerce a false confession. See http://en.minghui.org/html/articles/2013/3/12/138485.html.

These instances of torture are based on incomplete documentation from China. The numbers of Falun Gong believers subjected to torture-related crimes is far higher.

III Jiang Zemin is liable for the torture of Falun Gong under international and Chinese law under a variety of modes of liability.

As indicated in “Jiang Zemin and the Party’s Douzheng Campaign against Falun Gong,” when a group or individual is identified as a target of “douzheng,” the implication is clear: it is imperative to go outside the law and persecute that person or group. The aim is to force the person or group to renounce their group identify and beliefs and “join forces” with the Party to attack other members of the targeted group, using the same methods. To achieve this aim, Jiang Zemin ordered that Falun Gong believers be subjected to “zhuanhua” or “forced conversion,” i.e., torture. Individuals refusing to be “forcibly converted” are subjected to increasing torture and, in many instances, death.

Jiang Zemin ordered the application of ideological conversion practices as early as July 1999 through a series of official documents that marked the beginning of the persecution. These included a July 1999 notice Jiang issued through the Central Committee of the CCP ordering the zhuanhua of CCP) members practicing Falun Gong.16 On August 6, 1999 notice Jiang issued a second notice through the General Office of CCP Central Committee that provided specific rules and guidelines to enable the effective forced conversion of Party members practicing Falun Gong17 On August 24, 1999, Jiang expanded his orders to include all Falun Gong believers regardless of their party status and emphasized, for the very first time the pivotal role of effective zhuanhua in the douzheng campaign against Falun Gong. See “The Destruction of Mind and Body Through Brainwashing” http://www.upholdjustice.org/node/60.

As such, and as is set forth below in detail, Jiang Zemin is criminally responsible for the widespread torture of Falun Gong believers under several liability theories recognized under international and/or Chinese law, including (1) ordering, (2) planning, (3) soliciting or inducing, (4) aiding and abetting, (5) joint criminal enterprise, and (6) command responsibility.

1. Ordering

Ordering is well established under customary international law (CIL).18 See Krstic, Trial Judgment ¶ 601; Akayesu, Trial Judgment ¶ 483; Blaskic, Trial Judgment ¶ 281; Kordic and Cerkez, Trial Judgment ¶ 388. Ordering liability occurs when a person in a position of authority uses that position to convince another to commit an offence. Krstic, Trial Judgment ¶ 601. Under customary international law, this requires establishing three factors:

1. A superior-subordinate relationship

A formal superior-subordinate relationship is not required, but it must be established that the accused possessed the authority to order. Kordic, Trial Judgment ¶ 388. Both de jure and de facto superiors in military and civilian hierarchies may be held responsible. See Antonio Cassese, International Criminal Law 230 (2008).

As the General Secretary of the Chinese Communist Party, Jiang Zemin was the leading authority within the seven-member Politburo Standing Committee, which has control over the CCP Politburo, which has control over the CCP’s Central Committee, which has control over each of the CCP’s regional subsidiary committees. Under the authoritarian, single-party system of governance in China, these CCP committees all exercised high levels of control over parallel governing organs at various levels, especially within the security hierarchy. He was also the President of China, thus exerting control over China’s state organs, and Chairman of the Central Military Commission, thus exerting control over the military. As such, Jiang possessed the authority to order the torture and persecution of Falun Gong.

1. Transmission of an order

Ordering has been broadly defined under CIL as involving a person ordering, commanding, or instructing – and thus convincing, persuading, compelling or impelling – another person or persons to commit a crime.19 It is irrelevant whether a document or statement is referred to as an ‘order’ or not.20 Nor is it necessary that an order be given in writing or any other format.21 An ‘order’ may cover directions in the narrow sense as well as general directions.22 An order may be explicit or implicit. As such, it can be couched in terms that are not clearly obligatory so long as from the context it is clear that the statement constitutes an order.23 The fact that an order was given can be proven through circumstantial evidence.24

The order need not be given directly to the individual executing it. Id. at ¶ 282. In addition, if an order to commit an offence issued by a superior authority is passed on by a subordinate authority down the chain of command, individuals passing on the order at intermediate levels of authority may also be held responsible for passing down the illegal order. See Kupreskic, Trial Judgment, ¶¶ 827, 862.

The order does not have to be executed in reality for the superior to be held responsible, if the superior intended the order to be executed and knew that the order was illegal, or if the order was manifestly illegal.25

Applied to Jiang Zemin, it is clear that Jiang, as the leading authority within the Party, issued illegal orders to ideologically convert and in other ways torture Falun Gong believers through chains of command that reached through the upper echelons of the Party at the Central level, to lower-level Party officials at Provincial, Municipal and other regional levels, who in turn transmitted his orders to Chinese security at brainwashing, re-education through labor and other detention centers and prisons. Integral to the chain of command was the Leading Group for Handling the Falun Gong Issues and the related Office 610, which Jiang established at national and all regional levels to manage and implement the illegal, violent suppression (douzheng) and torture (zhuanhua) of Falun Gong. The order to establish the “Leadership Group” and Office 610 was transmitted through the very same chain of command.26

Jiang Zemin additionally ordered the dissemination of propaganda to all Party loyalists in China, including influential members of the government and civil society, to engender fear and hatred of Falun Gong and make clear that they were the latest in a chain of “state enemies” to be subjected to egregious abuse and maltreatment, including torture. As a direct result, flagship media in China spread the word to ensure that Falun Gong would be subjected to persecution and torture as a known Party enemy (and evil cult).27

Jiang’s order to upper, mid- and lower echelons of the Party to study the orders he provided in his speeches and especially his June 1999 speech were also followed. Current records found on Party websites demonstrate the extent to which Party Committees across China initiated conferences, seminars, and forums to study the Party Central Committee’s notices containing Jiang’s speeches, which called for the “douzheng” against Falun Gong. These committees likewise demonstrated their support for the violent suppression and took significant steps to advance the anti-Falun Gong campaign.28

These orders reached Chinese security, who in turned tortured Falun Gong believers in brainwashing, detention and re-education through labor centers and prisons across China.29

1. Mens Rea

The mens rea of the person who issued the order is determinative, not the person who carries it out. Kordic and Cerkez, Trial Judgment ¶ 388. The requisite mens rea is intent: that he “directly or indirectly intended that the crime in question be committed.” Blaskic, Trial Judgment ¶278; Kordic and Cerkez, Trial Judgment ¶ 386; Stakic, Trial Judgment ¶445.

In some cases, even a lawful order may create ordering liability. In Blaskic, the defendant ordered artillery fire against some villages and a massacre of civilians ensued. While the Trial Chamber initially found the defendant guilty on a recklessness standard, the Appeals Chamber found that this standard was too low. This is because “any military commander who issues an order would be criminally responsible, because there is always a possibility that violations could occur.” Instead, the Appeals Chamber required “awareness of a substantial likelihood of risk plus a volitional element, namely acceptance that the risk may ensue.” Blaskic, Appeal Judgment ¶42. The Appeals Chamber went on to hold that the mens rea is the “awareness of the substantial likelihood that a crime will be committed in the execution of that order. . . . Ordering with such awareness has to be regarded as accepting that crime.” Id. Because the defendant also issued orders prohibiting criminal conduct and even instructing the identification of soldiers prone to criminal conduct, the Appeals Chamber found that he did not have awareness of a “substantial likelihood” of crimes being committed. Id. at ¶¶ 346–48, 443, 465, 480.30

It is clear that Jiang Zemin directly intended the forced conversion (zhuanhua) of Falun Gong. His direct orders to carry out the “douzheng” violent suppression of Falun Gong itself makes this clear, as the final step in a “douzheng” campaign is the forced conversion, i.e., torture, of the target group.31 His intent is also established through his repeated use of labels that make Falun Gong an appropriate target of violent suppression and torture, including such phrases as “state enemy,” and “evil cult.”32 Jiang’s efforts to ensure that his orders to douzheng Falun Gong and his related lies and slander about the spiritual group reached not only Party loyalists in China, including Chinese security, but also heads of foreign states and Chinese loyalists residing abroad,33 evincing the extent to which Jiang intended torture to occur. Accordingly, he was also clearly aware “of a substantial likelihood of risk” – indeed a certainty – that torture would occur, and accepted this risk. See Blaskic, Appeal Judgment ¶42.

2. Planning Liability

Planning is well established under customary international law (CIL). See Krstic, Trial Judgment ¶ 601; Akayesu, Trial Judgment ¶480; Blaskic, Trial Judgment ¶ 279; Kordic and Cerkez, Trial Judgment ¶ 386. Planning liability occurs when one or more persons design the commission of a crime at both the preparatory and execution phases. Krstic, Trial Judgment ¶ 601. Under customary international law, this requires (1) the existence of a plan to commit a crime, and (2) direct or indirect intent that the crime be committed.

1. A Plan

Planning liability arises when “one or several persons contemplate designing the commission of a crime at both the preparatory and executory phases.” Krstic, Trial Judgment ¶ 601. Circumstantial evidence may provide sufficient proof of the existence of a plan. Blaskic, Trial Judgment ¶279. Also, as opposed to a joint criminal enterprise, planning may be done by one person and does not require agreement among planners.34

Jiang Zemin’s letters and speeches make the existence of a plan to torture Falun Gong clear. This is particularly true of Jiang’s speech of June 7, 1999, wherein he declared the development of Falun Gong “the most significant incident since the political turmoil in 1989” and announced the establishment of the “Leading Group for Handling the Falun Gong Issues” and the 610 Office. This speech carried all the typical features of a plan to forcibly suppress and eliminate Falun Gong through torture and other crimes. Jiang’s specific plans included his decision to subject Falun Gong to douzheng, his appointment of Li Lanqing and Lou Gan to head the “Leading Group for Handling the Falun Gong Issues,” his inclusion of the media and propaganda apparatus in the overall plan to solicit and ensure the support of Party leaders at all levels, his transmission of his speeches and instructions to Party leaders, the Political and Legal Commission, the Party’s propaganda apparatus, National People’s Congress, the courts and so on.35

Jiang Zemin is liable for planning the torture of Falun Gong based on the same grounds used to find Kordic (and other leaders) guilty of the same ordering and planning persecution. Like Kordic, Jiang gave multiple speeches identifying Falun Gong as a serious threat and enemy to the Party and lent himself enthusiastically to the planning and orchestration of torture and persecution of Falun Gong. In fact, Jiang’s liability is even clearer because he initiated and launched the campaign rather than merely participating in and advancing the plans of higher-ranking officials. See Kordic and Cerkez, Appeal Judgment.

1. Mens Rea

The mental state required is the same as ordering liability: the offender “directly or indirectly intended that the crime in question be committed.” Blaskic, Trial Judgment ¶ 278; Kordic and Cerkez, Trial Judgment ¶ 386; Bagilishema, Trial Judgment ¶ 31; Brima and Others, Trial Judgment ¶ 766. Moreover, a person who plans an act “with the awareness of the substantial likelihood that a crime will be committed in the execution of that plan” also satisfies the requisite mental state. Kordic and Cerkez, Appeal Judgment ¶ 31.

A still unanswered question is whether planning is punishable per se (i.e., regardless of whether it leads to the actual commission of the planned crime), or is punishable only if the crime is actually committed. This question is irrelevant to the case of Jiang Zemin, since the crimes planned by Jiang Zemin were in fact carried out. Some experts have added a requirement that only the planning of serious or large-scale international crimes (e.g. massive war crimes, crimes against humanity, or genocide) can constitute a discrete offence.36 Again, because there are, at the very least, tens of thousands of cases of torture of Falun Gong, this requirement is met in the case of Jiang Zemin.

Because the required mens rea for planning liability is the same as what is required for ordering liability, Jiang Zemin meets this requirement for the same reasons discussed immediately above at section III(1)(C).

3. Joint Criminal Enterprise

Legal Standard

Joint criminal enterprise (JCE) liability is well established under customary international law. In Prosecutor v. Tadic, Appeal Judgment, ¶¶193-226 (July 15, 1999), the ICTY surveyed post-World War II international tribunals,37 treaties and conventions, and the law of individual states, and concluded that JCE liability is a well-established rule of customary international law, codified in Article 7(1) of the ICTY Statute. Tadic’s recognition of JCE liability has been followed in subsequent ICTY cases,38 in the ICTR,39 and in the SCSL.40 JCE liability has also been recognized by national courts adjudicating international crimes such as the War Crimes Chamber of the Court of Bosnia and Herzegovina, and the East Timorese Special Panel for Serious Crimes, the Special Tribunal for Lebanon, as well as the Extraordinary Chambers in the Courts of Cambodia. These authorities confirm that JCE liability is now firmly established in customary international law. JCE’s required elements are discussed below.

A. Actus Reus

The required actus reus elements for JCE liability are (1) a plurality of persons; (2) existence of a common objective, which amounts to or involves the commission of a crime; and (3) participation in the execution of the common plan. Tadic, Appeal Judgment, ¶227.

A plurality of persons does not require that the group be organized as a formal military, political, or administrative structure. Id.; Vasiljevic, Appeal Judgment, ¶100. The groups implicated are often quite large and broadly defined, with “core members” identified. For example, in Krajisnik, the ICTY found that, in addition to the named members, the “rank and file of the regionally-defined enterprise consisted of ‘local politicians, military and police commanders, paramilitary leaders, and others.’” Krajisnik, Trial Judgment, ¶1079-88.

To demonstrate the existence of a common objective, the Tadic Appeals Chamber explained that “[t]here is no necessity for this plan, design or purpose to have been previously arranged or formulated. The common plan or purpose may materialize extemporaneously and be inferred from the fact that a plurality of persons acts in unison to put into effect a joint criminal enterprise.” Tadic, Appeal Judgment, ¶227; see also Krajisnik, Trial Judgment, ¶¶883-84. The common criminal purpose can be expressly criminal or can amount to the commission of crimes. For instance, the shared goal to take control of a territory may not be criminal, but it may amount to a criminal purpose if the means to achieve it constitute crimes, e.g., ethnic cleansing. See Brima and Others, Appeal Judgment, ¶¶ 76-80.

Referring to these first two elements (plurality of persons and a common objective), the ICTY has also endorsed a requirement of “joint action”: “it is the common objective that begins to transform a plurality of persons into a group or enterprise, as this plurality has in common the particular objective. It is evident, however, that a common objective alone is not always sufficient to determine a group, as different and independent groups may happen to share identical objectives. Rather it is the interaction or cooperation among persons – their joint action – in addition to their common objective, that makes those persons a group.” Krajisnik, Trial Judgment, ¶884 (emphasis added).

To demonstrate participation, the “participation need not involve commission of a specific crime . . . but may take the form of assistance in, or contribution to, the execution of the common plan or purpose.” Tadic, Appeal Judgment, ¶227. For instance, public statements protected by freedom of speech were considered to be part of the defendant’s contribution to ethnically cleansing Bosnian-Serb territory. Krajisnik, Appeal Judgment, ¶¶ 218, 695–96. Liability does not arise merely because an individual is a member of a criminal organization or group. Stakic, Trial Judgment, ¶433. The defendant must have taken some action in carrying out the criminal plan. Id. A defendant need not, however, physically participate in or be physically present at the crime. Kvocka, Appeal Judgment, ¶¶97-99, 112; Krajisnik, Trial Judgment, ¶883; Krnojelac, Trial Judgment, ¶81. Recent ICTY decisions have stated that while the contribution “need not be necessary or substantial, it should at least be a significant contribution to the crimes.” Brdanin, Appeal Judgment, ¶430.

As set forth below, Jiang Zemin created and participated in a joint criminal enterprise to ensure the forcible and permanent suppression of Falun Gong in China through the commission of crimes that include torture.

This joint criminal enterprise was in existence by October 1999, if not earlier, and continues to this day. The individuals participating in this joint criminal enterprise include, inter alia, its principal architect and founder, Jiang Zemin, and his close associates, Lou Gan and Li Lanqing, who played major roles in helping Jiang create, design, and implement the campaign to suppress Falun Gong. In addition, key roles were played by such co-perpetrators as Zhou Yongkang, who is now under investigation for crimes of corruption and was Minister of Public Security during the persecution, from 2002 to 2007; Zhao Zhizhen, who served as a major propaganda operative for Jiang Zemin’s propaganda campaign against Falun Gong, beginning as early as 1998; Zeng Qinghong, who served as the head of the Organization Department of the CCP when the persecution started; and Chen Zhili, who served as Minister of Education when the persecution began.

The crime of torture was well within the object of the joint criminal enterprise, as the final step in the “douzheng” campaign. As noted above, when a group like Falun Gong is identified as a target of “douzheng,” the implication is clear: it is imperative to go outside the law and persecute and forcibly convert, i.e., torture, that person or group, and in this instance, Falun Gong.

This objective is more specifically evidenced by the use of the same Cultural Revolution-style invective, e.g., douzheng, zhuanhua and jiepi, by Jiang Zemin, Lou Gan, Li Lanqing, Zhou Yongkang, Zhao Zhizhen and other JCE co-perpetrators to signal the onset of the persecution and torture of Falun Gong and its subsequent intensification. In addition, the forced conversion, i.e., torture, of Falun Gong believers is referenced on Party websites as an essential component of the campaign to ensure the forcible and permanent suppression of the spiritual group. Party websites utilize the same Cultural Revolution-style invective to ensure the participation of all Party loyalists, including those charged with the instruction to carry out the torture, i.e., Chinese security stationed at detention centers across China. As just one example, the China Anti-Cult Association, which states as its main mission the “douzheng” of Falun Gong, is replete with articles transmitting Jiang’s order to persecute and, by implication, forcibly convert all known Falun Gong found anywhere in China.41

Moreover, as noted above, there is a vast and ever-growing library of anti-Falun Gong misleading materials seeking to convince Chinese audiences that Falun Gong is a dangerous, subhuman threat to society that must be violently suppressed or exterminated. This misinformation has been disseminated by JCE co-perpetrators through the Party’s propaganda apparatus, including China Central Television programs.

In order for the joint criminal enterprise to succeed in its objective, Jiang Zemin worked in concert with or through other individuals in the joint criminal enterprise. Each participant or co-perpetrator within the joint criminal enterprise, sharing the intent to subject Falun Gong to violent suppression (through torture and other crimes), played his or her own role or roles that significantly contributed to achieving the objective of the enterprise, i.e., the forcible and permanent suppression of Falun Gong in China through the commission of crimes that include torture. The roles of the participants or co-perpetrators include, but are not limited to, the following:

1. Li Lanqing was member of the Standing Committee of the Politburo of the 15th Central Committee of the Chinese Communist Party from 1997 until November 2002. On the 10th of June 1999, Li Lanqing was appointed head of the “Leading Group for Handling the Falun Gong Issues.” The 610 Office is the executing organ of this group. Therefore, Li Lanqing carries the responsibility for the policy and the execution of this organization since its establishment on the 10th of June 1999. Since then and until 2002, Li Lanqing has headed the “Leadership Group” and has thus been directly responsible for the acts of violence committed by this official body for the repression of Falun Gong. He must therefore be considered to be the perpetrator of the daily acts of torture, massacres, disappearances, rapes, pressures, and threats currently carried out by the police services under his direct authority. Legal complaints were lodged against Li Lanqing in, inter alia, France, Spain, Germany, and Greece. The case filed in France was derailed when the authorities in China refused to deliver special cross-examination questions (i.e., rogatory questions) to the Defendant.

2. Luo Gan was in charge of the Party’s all-powerful Central Political and Legal Affairs Committee when the “douzheng” campaign against Falun Gong was initiated. He was appointed, as confidant of the former Chinese head of state, Jiang Zemin, as deputy head of the “Leadership Group,” and is known to carry the main responsibility for persecuting Falun Gong in China. Charges of genocide and crimes against humanity, including torture, were filed against the 610 Office and/or Luo Gan in courts around the world, including the United States (2002), Spain (2003), Finland (2003), Germany (2003), and Argentina (2005). In November 2009, following a two-year investigation, Spanish National Court Judge Ismael Moreno granted a petition to indict the Luo Gan on charges of torture and genocide. In December 2009, following an extensive examination of expert and witness testimony and other evidence, Judge Octavio Lamidrad of Federal Criminal Court issued an arrest warrant for Jiang Zemin and Luo Gan in December 2009. Due to political interference from the Party in China, the indictment and warrant were withdrawn.

3. Zhou Yongkang served as Minister of Public Security from 2002 to 2007. In that capacity, he exercised executive authority over police and security forces operating nationwide, including authority to set policy, control management of security affairs, and to appoint, remove, and discipline police and detention center security personnel. This includes the operation of all levels of the government and party apparatus in relation to, e.g., police and security guards responsible directly for the torture of Falun Gong adherents in prisons, forced labor camps, and detention centers. From 2007-2012, he served as head of the Party’s all-powerful Political and Legal Affairs Committee that played an equally prominent role in Jiang Zemin’s anti-Falun Gong persecutory campaign. He must therefore be considered a major co-perpetrator of the daily torture, massacres, disappearances, rapes, pressures, and threats carried out by the police services under his direct authority. A criminal case was filed against Zhou Yongkang in the United States under Title 18, Section 2340. However, due to the Defendant’s decision to cancel his US visit, the case could not proceed.

4. Chen Zhili served as Minister of Education from 1997 through 2003. In this capacity, Chen Zhili was responsible for making command decisions about curricula, internal education ministry policy, and adherence to Party-set political guidelines/policy implementations within educational institutions. In office at the beginning of the persecution in 1999, she set about ensuring complicity of educational institutions in discovering and reporting Falun Gong practitioners to 610 offices or other relevant authorities, as well as creating and enforcing curricula and other educational content that vilified Falun Gong and furthered its persecution. Under her leadership of the Ministry of Education, and at the instigation of numerous official, unofficial, or semi-official remarks calling for the elimination of Falun Gong, a number of educational institutions and personnel committed grave violations of international law norms against Falun Gong practitioners. Chen Zhili issued many statements calling for the “exposure” of Falun Gong as a “hostile force” and the violent suppression or crackdown of Falun Gong believers. During her term of office, numerous Falun Gong practitioners who were students and teachers at all levels of the Chinese education system were “exposed and criticized” or otherwise discriminated against by others in the education community, for their practice of Falun Gong, and simultaneously required to cease practicing or face being reported to security authorities. Those who were reported to the 610 or state security apparatus were then subjected to numerous violations including torture, arbitrary detention, sexual violence, and in some cases extrajudicial killing.

5. Zhao Zhizhen founded and has served as a Leading Standing Committee Member of the Executive Council of the China Anti-Cult Association (CACA) since November 2000, and as the former Chief of Wuhan Radio and TV Broadcasting Bureau (WRTB), as well as the former Executive Director of Wuhan Television Station (WTV), both from 1986 until at least 2003. During his tenure in these offices and in these capacities, Zhao Zhizhen used and continues to use his position as an influential figure in Chinese society, with a mandate of ideological authority from the CCP, to call for sustained douzheng persecution of the Falun Gong religion and torture of its adherents until the eradication of the former and the total ideological submission of the latter. Under his leadership of the CACA and at the instigation of his publications and broadcasts, Chinese security committed grave violations of international law norms against Falun Gong practitioners. Zhao Zhizhen personally issued many statements calling for the “douzheng,” “zhuanhua,” and “jiepi” of Falun Gong. As a major propaganda operative for Jiang Zemin with enormous intellectual and ideological capital at his disposal, he must be considered a major co-perpetrator of the daily torture, massacres, disappearances, rapes, pressures, and threats currently carried out by security officers and others in China.

Jiang Zemin, acting alone and in concert with other members of the joint criminal enterprise, participated in the following ways:

• In his capacity as the Secretary of the CCCCP, Jiang Zemin exercised effective control and/or substantial influence over the above-listed Party leaders who participated in the joint criminal enterprise. Acting alone or acting in concert with them and additional known and unknown persons, Jiang Zemin effectively controlled and/or influenced the actions of all Party leaders at all levels and in all capacities, in addition to Chinese security who operated under their control.• In his capacity as Secretary of the CCCCP, he was also able to ensure the full cooperation of Chinese armed forces, the People’s Courts, the People’s Procurorate, National People’s Congress at national and (indirectly) at relevant regional levels. As Jiang Zemin served as President and Secretary of the State and Chairman of the Central Military Commission during roughly the same years, he ensured that these orders, plans and instructions were not blocked, but rather were diligently implemented across China.• As Secretary of the CCCCP, Jiang Zemin provided strategic, logistical, and political support to Party Secretaries at all levels. These Party leaders subsequently participated in the JCE through their issuance of orders to those immediately below them to join the JCE to ensure the permanent and violent suppression of Falun Gong.• As detailed in “Jiang Zemin and the Party’s Douzheng Campaign against Falun Gong”:42

  • – Jiang Zemin provided strategic, logistical, and political support to all other Party committees in the persecutory campaign directly and/or indirectly through a chain of command that included the Political and Legal Affairs Committee, the Organization Department, the Central Military Commission, the Department of Propaganda and related flagship media and their counterparts at regional levels.
  • – Jiang Zemin provided strategic, logistical, and political support to all other state organs implicated in the persecutory campaign directly and/or indirectly through a chain of command, including the People’s Courts and People’s Procurorate, the Ministry of Justice, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Education, the State Administration for Religious Affairs and their counterparts at regional levels.
  • – Jiang Zemin provided strategic, logistical, and political support to Chinese security detailed to Chinese brainwashing, re-education through labor, and detention centers, and prisons across China directly and/or indirectly through a chain of command that is set forth in “The Role of Jiang Zemin in the Persecution of Falun Gong – a Legal Brief.”[43]

B. Mens Rea

There are three classes of JCE liability, each with its own mens rea requirement. Since the second class is not relevant herein, only the first and the third are included below.

Basic. The most basic form of JCE liability is responsibility for acts agreed upon when making the common plan or design. All members of the criminal enterprise possess the same criminal intention to commit the concerted crime, and all members of the JCE are responsible, whatever their role is. Tadic, Appeal Judgment, ¶¶196, 228; Vasiljevic, Appeal Judgment, ¶9; Krajisnik, Trial Judgment, ¶79. The defendant need not have or derive any “enthusiasm, personal satisfaction or personal initiative” in order to have the intent to further the common criminal purpose. Kvocka, Appeal Judgment, ¶242. The classic example is a JCE to commit murder, where each of the participants has the specific intent to murder but carries out a different role in effecting the murder. Tadic, Appeal Judgment, ¶196.

Extended.The third mode of liability concerns those participants who agreed to the main goal of the common criminal design (for instance, the forcible deportation of civilians) but did not share the intent of one or more members of the group to also commit crimes related to the main concerted crime (e.g., abusing or killing some of the civilians in the process). See, e.g., Tadic, Appeal Judgment, ¶ 204; Vasiljevic, Appeal Judgment, ¶ 99; Krajisnick, Trial Judgment, ¶ 881. Extended JCE requires (1) intent to commit the main concerted crime (basic JCE); (2) foreseeability to the defendant that other members of the group might perpetrate another crime; and (3) the defendant willingly took the risk that the foreseeable crime would be committed. Tadic, Appeal Judgment, ¶¶ 220, 228; Kvocka, Appeal Judgment, ¶ 86; Krajisnick, Trial Judgment, ¶ 882.44There is some debate as to whether the foreseeability requirement requires the secondary offender to actually, subjectively foresee the likelihood, or instead requires objective foreseeability of that likelihood (i.e. a reasonable person ought to have foreseen the likelihood). It appears that Tadic, Krstic, and Stakic, have generally applied the objective standard, which is a lower threshold.

As indicated above, Jiang Zemin knowingly and willfully participated in the joint criminal enterprise, while being aware of all foreseeable consequences of the enterprise. Therefore he meets the mens rea required under both “basic” and “extended” modes of JCE liability.

4. Aiding and Abetting

Aiding and abetting liability is well established in international criminal law. It is recognized in Article 7(1) of the ICTY Statute, Article 6(1) of the ICTR Statute, and Article 6(1) of the SCSL Statute, all of which criminalize “[a] person who . . . aided and abetted in the planning, preparation or execution of a crime. . . .”45

As a derivative mode of liability, aiding and abetting first requires establishing the underlying offense by the principal, which the accused is alleged to have aided and abetted. Simic, Trial Judgment, ¶161; Aleksovski, Appeal Judgment, ¶165. But an aider and abettor can be convicted “even where the principal perpetrators have not been tried or identified,” Krstic, Appeals Judgment, ¶145; and the principal need not be aware of the accomplice’s contribution, Tadic, Appeal Judgment, ¶229. Generally, aiding and abetting involves a lesser degree of individual criminal responsibility than co-perpetration in a joint criminal enterprise. Krnojelac, Appeal Judgment, ¶75.46 To establish aiding and abetting liability in international criminal law, the ad hoc tribunals have established the following standards for mens rea and actus reus.

A. Mens Rea

It is not necessary for the accomplice to share the mens rea of the perpetrator. Furundzija, Trial Judgment, ¶245. Instead, international tribunals have uniformly held that the aider and abettor need only “knowledge that his actions will assist the perpetrator in the commission of the crime.” See, e.g., Furundzija, Trial Judgment, ¶245; Delalic, Trial Judgment, ¶321; Tadic, Appeal Judgment, ¶229; Vasiljevic, Appeal Judgment, ¶102; Blagojevic and Jokic Appeal Judgment, ¶127.

There is uncertainty as to how specific the defendant’s knowledge must be. One line of decisions has unequivocally stated, “it is not necessary that the aider and abettor should know the precise crime that was intended and which in the event was committed. If he is aware that one of a number of crimes will probably be committed, and one of those crimes is in fact committed, he . . . is guilty as an aider and abettor. See, e.g., Blaskic, Trial Judgment, ¶287; Furundzija, Trial Judgment, ¶246; Kvocka, Trial Judgment, ¶255; Naletilic, Trial Judgment, ¶63. On the other hand, another line of cases, including the Blagojevic and Jovic, Kunarac, Krnojelac, and Simic courts, have required that the accused know that his or her actions assist in the commission of a specific crime. See, e.g., Simic, Trial Judgment, ¶163; Kunarac, Trial Judgment, ¶392; Krnojalec, Trial Judgment, ¶90.

There is also uncertainty as to how far knowledge should extend beyond the accomplice’s own actions and be concerned with the mental state of the principal. See James G. Stewart, The End of Modes of Liability for International Crimes, 25 Leiden J. Int’l L. 165, 196 (2012). While this issue has not been fully addressed by international courts, some decisions have suggested that “a volitional element must be incorporated in the legal standard” in order to prevent the knowledge standard from being diluted into a recklessness standard, where “knowledge of any kind of risk” would suffice for the imposition of liability. Blaskic, Appeal Judgment, ¶41; Oric, Trial Judgment, ¶288; Blaskic, Trial Judgment. However, this formulation has not been more widely adopted since Oric. In any case, it appears that willing participation, i.e., a “conscious decision to participate” or “the awareness of the substantial likelihood that a crime will be committed . . . has to be regarded as accepting that crime.” Blaskic, Appeal Judgment, ¶42; Tadic, Trial Judgment, ¶674.47

Applied to Jiang Zemin, it is clear that Jiang knew that his orchestration of the persecutory campaign against Falun Gong would substantially and specifically further widespread acts of torture. Because “knowledge” is a lower standard than “intent,” and because Jiang’s intent has been demonstrated for the reasons detailed above in relation to “ordering” liability, Jiang’s knowledge is clearly demonstrated.

B. Actus Reus

Customary international law requires “practical assistance, encouragement, or moral support which has a substantial effect on the perpetration of the crime.” Furundzija, Trial Judgment, ¶235.48 The relevant act “does not require an actual physical presence or physical assistance,” and “can be geographically and temporally distanced.” Tadic, Trial Judgment, ¶¶679, 687. It may occur “before, during or after the act is committed.” Aleksovski, Trial Judgment, ¶62. It is unnecessary to prove that a cause-effect relationship existed between the act and the commission of the crime. Aleksovski, Trial Judgment, ¶61. The defendant’s assistance “need not constitute an indispensable element, that is, a conditio sine qua non for the acts of the principal.” Furundzija, Trial Judgment, ¶209.

While there is no definition of “substantial,” the contribution must “ha[ve] an effect on the commission of the crime.” Tadic, Trial Judgment, ¶688. The acts of the accomplice need to “make a significant difference to the commission of the criminal act by the principal.” Furundzija, Trial Judgment, ¶233. As examples, the Furundzija court cited the Einsatzgruppen (provision of a list of Communists) and Zyklon B (provision of poison gas to a concentration camp) cases. Other examples of assistance satisfying the actus reus of aiding and abetting include providing weapons to a principal, taking principals to the scene of a crime and pointing at people to be killed, and providing resources for use in a crime. See Ntakirutimana, Appeal Judgment, ¶530, Krstic, Appeal Judgment, ¶137.

Tacit approval and encouragement substantially contributing to a crime may fulfill actus reus requirements. This form of contribution typically occurs in “presence of superior” cases, where even the act of being present on the crime scene as a “silent spectator” can be construed as tacit approval and encouragement. Brdanin, Appeal Judgment, ¶277.

Omissions may also suffice, if there is a duty to act, “provided this failure to act had a decisive effect on the commission of the crime and that it was coupled with the requisite mens rea.” Blaskic, Trial Judgment, ¶284. However, the ad hoc tribunals have not set out the requirements for a conviction based on omission in detail. Oric, Appeal Judgment, ¶43. For cases involving omissions, see Sljivancanin, Appeal Judgment, ¶¶62-63; Aleksovski Trial Judgment, ¶¶87-88.

Jiang Zemin provided the requisite practical assistance, encouragement, or moral support, which had a substantial effect on the perpetration of widespread acts of torture of Falun Gong believers. As discussed in more detail above in relation to JCE liability, Jiang identified Falun Gong as a target of “douzheng,” thus creating an imperative to carry out an escalating series of abuses including torture. He used Cultural Revolution-style invective, e.g., douzheng, zhuanhua and jiepi, to signal the onset of the persecution and torture of Falun Gong and its subsequent intensification. He initiated a misinformation and propaganda campaign resulting in a vast and ever-growing library of anti-Falun Gong materials seeking to convince Chinese audiences that Falun Gong is a dangerous, subhuman threat to society that must be violently suppressed or exterminated. He exercised effective control and/or substantial influence over the Party leaders who carried out the persecution and torture of Falun Gong. And he provided strategic, logistical and political support to Party leaders, committees, propaganda outlets, state organs, and security officials. Thus, not only did Jiang’s assistance have a substantial effect on the torture of Falun Gong, Jiang likely had the most substantial effect on this torture of anybody involved in the persecutory campaign.

5. Command Responsibility

Command responsibility, also sometimes referred to as superior responsibility, has been well established in international criminal law since the aftermath of the Second World War. See Antonio Cassese, International Criminal Law, 236–41 (2008). It is currently recognized in all international tribunals, including Article 7(3) of the ICTY Statute, Article 6(3) of the ICTR Statute, and Article 6(3) of the SCSL Statute, as well as Article 28 of the Rome Statute of the International Criminal Court.

Unlike most other classes of liability, command responsibility is responsibility by omission: the person is criminally liable not for an act he has performed, but for failure to perform an act required by international law. Modern international criminal law requires proving the following factors to establish superior responsibility: (i) effective control, (ii) actual or constructive knowledge of criminal activities, and (iii) failure to take necessary and reasonable measures. Celebici, Trial Judgment,¶376.

Jiang Zemin clearly did not use his authority as Party Secretary (much less as President or Chairman of the Central Military Commission) to stop any of the illegal acts perpetrated against Falun Gong believers in China, including widespread torture. On the contrary, these acts were all carried out under his orders and supervision.

IV. Conclusion

As Secretary of the CCCCP and through the power and influence that he exercised, Jiang Zemin played the key role in developing, establishing and executing the policies, objectives and strategies of the “douzheng” campaign against Falun Gong believers in China. Along with others, he launched, planned, instigated, prepared, ordered, committed and aided and abetted a violent campaign to persecute and terrorize all peaceful law abiding practitioners of Falun Gong. He had the duty and responsibility to prevent the crimes, violations, and abuses, which occurred and were carried out in the campaign. Instead, he publicly advocated the campaign’s goals and encouraged and instigated these acts. As a legal complaint against Jiang Zemin will make clear, he is liable on multiple grounds for these and other egregious crimes against China, the Chinese people, and humanity.

Footnotes:

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Category: Prosecuting Jiang Zemin
http://en.minghui.org/html/articles/2015/5/28/150799.html

The CCP Cannot Damage Falun Gong

May 22, 2015 | By a Falun Gong supporter from Liaoning Province, China

(Minghui.org) For many years, from the day when the Chinese Communist Party (CCP) began to persecute Falun Gong, I thought that Falun Gong was just as any other Chinese qigong practice, and that the CCP was just a political party.

Because the Party rules China, no matter how good Falun Gong is, the Party simply could not tolerate Falun Gong’s independence. Many people, including myself, thought that this was just the way things are in China.

But Falun Gong did not disappear despite the Party’s brutal persecution, including incarceration, torture and massacre.

I frequently receive Falun Gong flyers in my mailbox. From that I gained insight into the efforts of Falun Gong practitioners in China and abroad. I also realized that Falun Gong is supported by people worldwide. I concluded that Falun Gong is not an ordinary practice, and that the CCP is not a normal political party.

The Party committed an unpardonable crime when it began to persecute Falun Gong. The CCP’s followers who participated in the persecution have no idea that they committed the most horrible crimes and have only to blame themselves. Their ancestors and their offspring (if they have any) will have to suffer the consequences.

I have always believed that intelligent lives are everywhere in the universe. I believe that the universe is a tree, and stars and planets are its fruits. The Communist Party is like insects. It creates chaos on earth, destroys the environment and corrupts people.

The Falun Gong principles of “Truthfulness-Compassion-Forbearance” are roots of the tree (universe), and they provide nutrient to all living beings. Despite the crazy persecution that destroyed practitioners’ life, the CCP could not do any damage to Falun Gong’s principles.

I pray for Falun Gong practitioners. I hope they help more people to see the truth and thus escape from the big calamity.

Chinese version available

Category: Opinion & Perspective

Sydney, Australia: Chinese Visitors Eager to Quit the Communist Party and Its Affiliates

May 26, 2015 | By Minghui correspondent Hua Qing in Sydney, Australia

(Minghui.org) Falun Gong practitioners put up large banners and posters on Auburn Street in Sydney on May 24, 2015. Information and photos conveyed the benefits of the spiritual practice and the gruesome persecution of its practitioners in China, especially the Chinese Communist Party (CCP) state-sanctioned forced harvesting of organs.

After understanding the facts, many passersby signed the petition urging the Chinese regime to stop the killing of Falun Gong practitioners. Quite a few who came from China, instead of shying away from the issue, chose to support the practitioners’ efforts and quit the CCP and its affiliates.

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Falun Gong practitioners in downtown Auburn, Sydney, tell people about Falun Gong and the persecution.

Repulsed by Forced Organ Harvesting, Locals Sign Petition to Condemn the Crime

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Auburn residents sign the petition condemning the Chinese regime for harvesting organs from unwilling Falun Gong practitioners illegally imprisoned in China for their beliefs.

Many local residents stopped by to understand how the Chinese government takes organs from illegally detained practitioners in China and sells them for profit. The majority signed the petition to condemn the activity and demand it stop immediately.

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Joie signs the petition calling for an end to the CCP’s forced harvesting of organs from living Falun Gong practitioners in China.

Joie has signed the petition at more than one of the practitioners’ activities. Distressed by the cruelty of the persecution, he is concerned that it be stopped.

Jenny Liu watched the Australia SBS Dateline program “Human Harvest” in April. It really upset her. She said she wanted to sign the petition to help stop this immoral crime.

Overseas Chinese Eager to Quit the CCP

Within a few hours, volunteers at a table near the posters not only helped passersby sign the petitions, but also helped dozens of Chinese to quit the CCP and its affiliates. According to the volunteers, most of the Chinese people agreed to quit without needing much persuasion.

Some Chinese people said that they already knew about the brutal persecution, but hadn’t yet had a chance to renounce their memberships in the Party organizations. They were glad to find help that day.

Chinese Admire and Appreciate Practitioners’ Selfless Efforts

One young Chinese student was surprised to see Falun Gong practitioners. He said that one could not find any Falun Gong activities in China after the persecution started.

He said that this was the first time he had heard about the persecution and forced organ harvesting, because the government in China controls all the media, meaning that the people in China only get to hear the government propaganda which defames Falun Gong. He chose to quit the Young Pioneers after learning the facts.

A Chinese woman told the practitioners that she admired and was grateful for their selfless efforts during the past years. She had read articles about Falun Gong in the Epoch Times for many years, and believed that the CCP’s crimes should be exposed.

As a Christian she thought that the Chinese regime was evil, and she had already quit the CCP. She also frequently discussed the persecution with her friends and asked them to quit the CCP, too.

Chinese version available

Category: Other Community Events

[Celebrating World Falun Dafa Day] My Mother

May 26, 2015 | By Xiaomei, a Dafa disciple from China

(Minghui.org) There were drastic and very welcome changes in my home after my mother started to practice Falun Dafa. This is what happened.

My mother married into my father’s family as a stepmother to two girls, one six years old, the other just turned two.

At that time, Father’s family was very poor, so many people didn’t think my mother would be able to put up with the hardships.

But my mother always had a kind and patient disposition, and she treated her step-daughters as her own, even after I was born.

I never had new clothes when I was young. I wore hand-me-downs from my two elder sisters.

Mother also made sure we all shared and shared alike. Sometimes when there was not enough food to go around, Mother always let us eat our fill before she would clean up the crumbs.

Father was a mean man. Instead of being grateful for a wife who took care of his house and his children, he would often lose his temper with her. Sometimes he would go so far as to hit her.

It was worse when Father had a few drinks. He would smash plates and bowls and even the television.

My sisters and I were very afraid of him.

As was the custom, my two sisters left home, first one, then the other, when they started high school. Then there was just mother and me to bear the brunt of Father’s temper.

One time, my father picked a fight with Mother over something trivial and kicked us out of the house. It was raining, so Mother and I took shelter under a shed.

I asked her, “How long do we have to take his abuse?”

Mother hugged me tight and we both cried.

After that day, I hated my father. I held a huge grudge against him. I secretly vowed that I would study hard so one day I could find a good job and take my mother with me and leave the horrible place we called home!

I knew mother must have suffered more bitterly than me and my sisters. I remembered she had wanted to leave Father before, but my sisters and I had hung onto her clothes and begged her not to go. So she had stayed and endured, year after year.

When my eldest sister came home after college and realized Father had continued to abuse her, she tried to persuade Mother to divorce him.

Mother cried and said, “If I divorced your father and left, what would you three do?”

My sister promptly responded, “We will leave with you, of course!”

Mother sighed, “Then you wouldn’t have a father. If I stayed, at least you have both parents. If I leave, it will break up the family!”

My sister wept and couldn’t say another word, but I remember to this day her heartbroken cry of “Mother!”

Mother is such a good person. Everybody says “One good turn deserves another.” I couldn’t understand why mother’s life was so bitter.

She was often in tears. She had gradually changed from an optimistic, cheerful person who loved to laugh into one who was sullen and withdrawn and barely spoke. She was only 30 years old then, but her hair had already turned white!

In 1997, I went away to high school. I was physically free, but I didn’t feel free in my heart. True, I had finally left home, but Mother was still in that hell-hole with nobody there to protect and comfort her.

My mind replayed images of father yelling at and hitting her, of pots and pans flying and landing on her. But when I called home, Mother always said everything was fine and for me not to worry. How could I not worry?!

A Great Change

I remember one weekend when I went home with the usual trepidation, in a hurry to see her but dreading the encounter with Father.

I opened the front door and walked in. Mother was glad to see me. I felt a certain tranquility in her and in the house. I looked around. There didn’t seem to be any sign of violence I normally could detect in the past.

From then on, every time I went home, I noticed changes in her. Her love of laughter returned. Her smiles again came from the heart. She seemed to have lots of energy and not to be burdened with trouble anymore.

I finally asked, “Is Father still hitting you?”

Mother answered with a smile, “Well, your father has changed. His temper has improved a lot. He’s practicing Falun Dafa. He told me Falun Dafa is great. He told me I should practice, too.”

I was stunned. How could person who screamed and hit at a moment’s notice change so drastically?

But Mother’s changes were real. Her smiles were not feigned.

Under father’s influence and persuasion, Mother had started to Falun Dafa practice.

I was amazed when I saw her reading a book at home. Mother went to only two years of elementary school and was absolutely not interested in any book reading.

I asked her with great curiosity, “What is this book you’re reading?”

Mother told me to take a look at it myself. The cover read Zhuan Falun.

I vaguely remembered when I visited my grandmother during the summer holidays, she had talked to me about the same book. She told me the book was about cultivation and asked me to take it home to Father to read.

At the time, I was deeply influenced by the Chinese Communist Party (CCP)’s teaching of atheism. I refused. I told her Father would not be interested.

Now, it seemed Father had gotten the book after all. It seemed he and Falun Dafa must really have some kind of predestined relationship.

When I saw mother holding Zhuan Falun to read with such piety, I thought to myself, “This book must really be wonderful. It can turn a person’s mind and heart around! Father reads the book and his bad temper is gone and he doesn’t fight with or hurt Mother anymore. Mother reads the book because Father changed, and now she is optimistic and in a good mood every day.”

I could finally put my heart at ease. I began to appreciate what the warmth of a real home should feel like. Dark clouds were gone. Scuffles were history, replaced by laughter and joy.

One time after dinner, we went out for a walk together. Mother and Father held my hands. I was so happy I could have cried. It was a scene that had appeared only in my dreams! Now the dreams had become reality!

It was not until after I became a Falun Dafa practitioner much later and began to read Zhuan Falun over and again, that I finally understood what Master means by “…as a practitioner one should not fight back when being punched or insulted.” (Zhuan Falun) That’s why Father was able to change. As Dafa practitioners, we have to think of others first.

Zhuan Falun teaches us how to be good people! Father and Mother read the book and changed so much for the better. They were now able to give me a truly warm and happy home!

The Persecution Begins

After July 20, 1999, drastic changes enveloped us. Jiang Zemin and his villainous group, out of jealousy, launched the brutal persecution of Falun Dafa.

Mother was puzzled: “What’s the matter with the government? Why is it banning such a good practice?”

Without group Fa study and a place to gather to do the exercises, Father stepped away to join other groups and ended up turning his back on Dafa.

There was a void in Mother’s heart, and she didn’t know what to do.

In 2001, the world was stunned with the repeated broadcast of the “Tiananmen Square self-immolation” and other vicious lies fabricated by the CCP. The devastation was deeply felt throughout the nation.

My sisters and I worried about Mother. We were afraid she would join those self-immolators, so we watched her every movement like hawks.

As I write about this, I’m still shocked by how incredibly sinister the CCP is, that it is capable of such a despicable thing to fool its own and the world’s people and frame Falun Dafa! So many people believed its lies and were badly poisoned. How can a government use such evil tactics to agitate decent people to hate and turn them on other decent people?!

My sisters and I tried to persuade Mother, “Stay home to practice if you must, but please don’t go to Beijing to petition or burn yourself up in Tiananmen Square!”

Mother said to us, “True practitioners would never do that. Master forbids us to kill. How could He have encouraged people to kill themselves?”

It took us a long time and vigilant observation to convince ourselves Mother was normal and rational in every way before we could put our hearts at ease.

This is how sinister the CCP is. In order to discredit and get rid of a group of good people, it poisoned everyone in the entire country. Most people are like us, guileless and gullible, trusting our government explicitly. It is truly alarming and distressing.

Despite the loss of group study and exercise environment, Mother did not give up Falun Dafa. She wanted us to remember that Falun Dafa teaches people to be good.

A Steadfast Cultivator

Mother lives her life in accordance with the principles of Falun Dafa: Truthfulness-Compassion-Forbearance. She has a magnanimous heart and does everything for others.

My eldest sister’s mother-in-law does not want the trouble of taking care of her grandchild. My second sister’s father-in-law has a bad temper and is incapable of watching over his grandchildren. So Mother assumes all childcare responsibilities.

Ten years slipped by. Mother brought her grandchildren up without any complaint but with infinite patience, tolerance, and understanding.

She watches the grandchildren, does the laundry, cooks every meal, and attends to every household chore big and small. My father, my sisters, my brother, my husband, and I are able to work at our different jobs without a worry, all because of Mother, who is healthy, hardworking, and competent.

When my sisters and their husbands praise and thank Mother, she always says it’s because she is a Falun Dafa practitioner and because Master has given her good health.

I often think about how, before practicing Falun Dafa, she was often grumpy and dissatisfied. But now she rarely complains. Occasionally, when she has a disagreement with Father or any of us children, she will always look inward and try to figure out where she may have done wrong.

More importantly, when I see and hear other people hustling about to buy medicine for their parent or taking them to the hospital, and talking care of their sick parents, I always feel extremely blessed, because for more than a dozen years since she started practicing Falun Dafa, Mother has not been to the hospital or needed any medication.

If other practitioners had said they didn’t need medicine because they weren’t sick, I would not have believed them. After witnessing what happened to my mother, I had to admit that Falun Dafa was truly amazing!

Our Family Avoids Misfortune

Mother told us, “Falun Dafa is the Buddha Fa, the Buddha Law. If you believe Falun Dafa is good and support my practice, you will benefit and come away with great blessings.”

I didn’t pay much attention to what she said, but things did happen that let me witness how amazing Falun Dafa really is.

One time my sister was driving us somewhere. At a sharp turn, she lost control of the car. It was practically on one wheel with the other three up in the air. But the car didn’t turn over. It righted itself. Mother, who was sitting in the passenger seat, at once put her palms together in front of her chest, asking Master to keep us safe and thanking Master for saving us.

After I recovered from the shock, I asked my sister what had happened.

She said, “When I was turning the corner, all of a sudden, my mind just went blank.”

Mother said, “The car was going so fast. It’s a miracle it didn’t rollover. It was Master who protected us!”

Another time, my daughter was playing on the bed and accidentally hit her head on the windowsill. It grazed her eyebrow, and she cried out in pain.

Mother quickly said, “Falun Dafa is good! Master, please save this child!”

She asked my daughter to say “Falun Dafa is good! Master, please save me!” My daughter said the words while still crying, but then she stopped and said she didn’t hurt anymore.

We took her to the hospital where she needed four stitches. She didn’t cry, and her gaping wound healed practically overnight.

Mother told me to thank Master! I sincerely thanked Master with my whole heart!

There are many more stories I can tell. I just want to give thanks over and over again. I want to give thanks to Dafa! I want to give thanks to Master! I want to give thanks to Master for giving us Dafa so that we can learn to be good people and become better people, and continue to elevate!

Falun Dafa is benevolent to all sentient beings. If we truly believe that “Falun Dafa is good! Truthfulness-Compassion-Forbearance is good!” we’ll all be forever basking in Dafa’s magnificent light!

Chinese version available

Category: Journeys of Cultivation

Falun Gong Practitioners’ Steadfast Kindness Brings Hope to the World

April 29, 2015 | By He Yu

(Minghui.org) On April 25, 1999, over 10,000 Falun Gong practitioners gathered peacefully in Beijing to ask the central authorities to release practitioners who were detained in the city of Tianjin. They also asked the government to reaffirm their right to practice their belief in Truthfulness-Compassion-Forbearance.

Later that day, the demonstrators peacefully dispersed, after then-Chinese Premier Zhu Rongji met with a few practitioner representatives. Zhu agreed to release the jailed practitioners, and gave assurances that the government did not oppose Falun Gong.

1999-4-25-beijing-01
The peaceful demonstration in Beijing on April 25, 1999.

The peaceful demonstration also had a big impact on many bystanders. Mr. Zhao Guang, a private business owner from Tianjin, was one of them. He drove his Falun Gong practitioner wife to Beijing so she could tell the government how she benefited from practicing Falun Gong.

He was stunned by the long lines of people who were acting in a civil and peaceful manner. He was born in the 1960s and had gone through some of the Chinese Communist Party’s (CCP) political struggles. He expected to see vocal protesters shouting slogans and carrying big banners. But the demonstration on that day was peaceful beyond his imagination.

His view of the world started changing, and he learned more about Falun Gong after returning home. He started practicing Falun Gong after that experience. He talked to his employees, friends, and relatives about what he saw that day.

The peaceful demonstration was widely reported in the international media, and it brought international attention to Falun Gong. Yet, the peaceful nature, kindness, and self-discipline of Falun Gong practitioners caused then-Party head Jiang Zemin to become jealous. Soon after, he initiated the brutal persecution of Falun Gong by utilizing the entire state apparatus. He declared that he would “eliminate Falun Gong within three months.”

The CCP’s state-controlled media defamed Falun Gong with lies and fabrications. To this day, the regime continues to arrest and torture Falun Gong practitioners to force them to give up their belief, and even harvests organs from living Falun Gong practitioners who persevere in the practice.

Facing such brutality, Falun Gong practitioners hold strong to their beliefs and conduct peaceful protests. Facing indifference, misunderstanding, and hatred, they are not angered or deterred and continue to raise awareness about the grace of Falun Gong and the brutality of the persecution, as well as the nature of the Party. They do not seek anything in return. They keep their steadfast belief in Truthfulness-Compassion-Forbearance.

The demonstration on April 25, 1999 is regarded as the beginning of the 16 years of non-violent resistance to the inhumane persecution. Falun Gong practitioners’ perseverance and kindness have encouraged Chinese people to walk away from the terror, violence, and lies of the CCP.

During its 60-plus years of authoritarian control, the CCP initiated various political movements and created man-made famines, which caused the non-natural deaths of 80 million Chinese. It damages traditional Chinese culture and educates people with atheism and its own ideology of constant “struggle.” As a result, most Chinese people have no belief nowadays. People are encouraged to get rich and seek material wealth. As a result, moral degradation and corruption are rampant in China.

But Falun Gong practitioners have persevered in upholding kindness and have not given in to the Party. Their peaceful and rational protests speak out against violent suppression and safeguard justice.

Over the past 16 years, Falun Gong has spread to over 100 countries. More than 200 million Chinese have renounced the Party and its youth organizations on the website of The Epoch Times. Their choice to discard communism will help China to welcome a new era without the totalitarian regime.

Chinese version available

Category: Opinion & Perspective

Ten Arrested While Reading Falun Gong Books—Five Still in Detention

May 26, 2015 | By a Minghui correspondent from Jiangxi Province, China

(Minghui.org) More than two dozen police officers descended upon a private home in Pingxiang on May 13, 2015, as the owner and his nine guests were reading the teachings of Falun Gong, a spiritual practice being persecuted by the Chinese Communist Party.

Mr. Yang Tingxian refused to open his door to the strangers, but the officers broke through the door using a large hammer. They pushed the 57-year-old man down and cuffed his hands behind his back. The handcuffs were so tight that they left marks on Mr. Yang’s wrists.

Mr. Yang and his friends were taken to Houfu Street Police Station for interrogation. They were not allowed to call their families.

Mr. Yang, Zhang Fuxiang, Wang Jin’e, Zeng Xuelan, and Tang Zhihuan were taken to Pingxiang City Detention Center late that night after going through a mandatory medical examination at the Pingxiang City No. 3 Hospital. They are still each serving 15-day detention terms.

Mr. Tang’s wife, along with Xiao Qiuwen, Wu Chunmei, Wen Guiying, and Rong Aimei, were released on the day of the arrest.

According to an insider, the latest arrest was plotted by Pingxiang Domestic Security Office and the 610 Office–an extralegal agency created with the sole purpose of crushing Falun Gong–as a continuation of their failed operation a few months prior.

Another ten Falun Gong practitioners had been arrested on January 20, while reading Falun Gong books at a different private home. The police later let them go, after efforts by their families to secure their release.

This time around, the police did not notify any of the concerned families of the arrests or detention. The loved ones of the five still-detained practitioners discovered their whereabouts from the same insider.

People responsible for the persecution:
Li Yabi, deputy chief of Houfu Street Police Station: +86-13684858634
Liu Baoshan (also known as Liu Yibao), agent of Pingxiang City Domestic Security Office: +86-799-6776785
Yi Chen, head of Pingxiang City 610 Office

(for more names, please refer to the Chinese version)

Chinese version available

Category: Accounts of Persecution