By Jerome A. Cohen
This recent article details the disgraceful PRC arbitrary detention of the two Michaels and the understandable strains this has placed on domestic Canadian politics as well as Ottawa’s relations with China. In a recent letter, a number of prominent Canadians urged the prime minister to end Meng Wanzhou’s extradition process in exchange for Michael Kovrig’s and Michael Spavor’s release. Despite the emotional pressure that all of us feel in sympathy with the tragic, unfair plight of the Michaels, Prime Minister Trudeau’s decision not to yield to hostage diplomacy is undoubtedly the right one from the viewpoint of Canadian law, values and government, as well as Canada’s international relations generally and its continuing contributions to public international law. An equally prominent group of Canadians recognized this in an answering second letter.
The right course for the authors of both letters and for all who want to end hostage diplomacy by powerful dictatorial regimes is to join forces and press all democratic governments to denounce and excoriate the PRC’s gross misconduct in every available forum. The current public effort of the UN Human Rights Special Procedures experts to condemn China’s forthcoming National Security Law for Hong Kong is only one excellent precedent to emulate. Although Beijing’s veto precludes UN Security Council action, and Beijing’s influence over the UN General Assembly and even the UN Human Rights Council still staves off significant actions by those institutions, the impressive large group of politically independent UN human rights experts who have courageously signed this just-released statement have taken a very important step that deserves the fullest world appreciation.
Indeed, there is a link between these two outrageous situations. The fate of the two Michaels demonstrates how arbitrarily the PRC Party-controlled apparatus can be manipulated in the name of “national security.” Kovrig may indeed be deemed the unwitting vanguard of Hong Kong-based political experts to be sacrificed in the PRC in the name of China’s “national security.”