Forumless: Why Victims of the Uyghur Crisis Should Be Able to Vindicate Their Claims in Federal Court

Abstract

U.S. courts can serve as forums for victims of international human rights abuses to litigate claims against foreign defendants. Oftentimes, U.S. courts are the only option for foreign litigants who are unable to seek remedies in their own countries or in international courts. This Comment discusses the difficulties a victim of the Uyghur crisis would face attempting to use U.S. courts to litigate claims against the Chinese government or government officials under existing law. The purpose of this Comment is not to address any potential challenge to a claim but rather to address the claim preclusions common to foreign plaintiffs seeking to litigate international human rights claims in U.S. courts. In light of recent Supreme Court decisions limiting the ability of foreign plaintiffs to do so, this Comment argues that Congress should pass legislation authorizing Uyghur victims to use U.S. courts as forums for claims against perpetrators within the Chinese government.