Jerome Cohen 孔傑榮(柯恩) Profile picture
Professor Emeritus @NYULaw & Founder of @USALINYU; Adjunct Senior Fellow for Asia @CFR_org. Twitter maintained by colleagues. Views = mine. RT≠endorsement.
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Feb 17 4 tweets 1 min read
Navalny's death, like the previous years of his life, illustrates the differences that still exist between the PRC’s currently totalitarian criminal justice system and Russia’s authoritarian counterpart. Can you imagine the PRC giving noted political prisoners...1/4 ...the continuing access that Navalny had to public opinion via various direct and indirect methods? What has happened to the outspoken public lawyer Gao Zhisheng, “disappeared” many years ago? We know what has finally happened to Xu Zhiyong and some of his...2/4
Jan 13, 2022 4 tweets 1 min read
Here is an invaluable and moving critique of the injustice being daily imposed on so many worthy people in Hong Kong. It is more than a critique, since it offers a practical course for action and a persuasive stimulus for Hong Kong judges, especially...1/n
samuelbickett.substack.com/p/the-court-of… ...those in the Court of Final Appeal who have the power to end this tragic fiasco, to follow this course. I hope that everyone, including the non-permanent foreign judges who decorate the CFA by their presence, will read Mr. Bickett’s quietly brilliant and brave essay. 2/n
Nov 4, 2021 4 tweets 2 min read
Yesterday, when the first report of Ms. Peng’s accusation surfaced, I was tempted to offer a comment. But, I decided to hold off pending further developments. Today there is a helpful @WSJ story elaborating on Ms. Peng’s startling charge. 1/n
wsj.com/articles/chine… This certainly seems an important topic for consideration. Why did Ms. Peng choose to publicize her relationship with retired leader Zhang at this time? Why did she make the peculiar statement that she could not offer evidence to sustain the charge? What might she have...2/n
Nov 4, 2021 5 tweets 1 min read
Here is the inevitable sad report about the expected demise of the wonderful Ms. Zhang Zhan. In earlier posts I raised the question of whether self-sacrifice of this ultimate kind in the cause of human rights is the best way to promote the cause. 1/n
defendlawyers.wordpress.com/2021/11/04/jou… She might have contributed another half century of determined, imaginative talent to a country that desperately needs people of her caliber, courage, and ideology. Decades ago, when South Korea was still deep in the struggle for human rights against an...2/n
Dec 26, 2020 5 tweets 1 min read
Here's Josh Rogin’s important op-ed on recent Tibet developments. Amid holiday diversions and other China-related events, I missed its publication. It demonstrates how futile it is with the current Xi Jinping government to talk of “compromises” that...1/n
washingtonpost.com/opinions/globa… ...might grant Tibetans meaningful autonomy. Having failed to control Tibet over the past six decades by sending millions of Han people there to run it, the Party is now expanding its efforts by removing Tibetans from their homelands and forcibly scattering them among...2/n
Nov 11, 2020 5 tweets 1 min read
Today’s events take the veil off the charade for all to see. The NPCSC is increasingly exercising direct “comprehensive control” over Hong Kong. At its two previous sessions it declined the opportunity to take direct action...1/n
scmp.com/news/hong-kong… ...against the four LegCo members, leaving it to the HKG to handle the matter. Apparently there was some resistance. So now the NPCSC, again using its exceptional secretly-prepared Blitzkreig attack, has ordered the HKG to act and the HKG has immediately fallen...2/n
Nov 2, 2020 6 tweets 2 min read
Here's Frank Ching's latest op-ed on Xi's assertion that China is not afraid of war. The most sinister thing about the recent attempt to whip up anti-US fervor is the reference to the possibility of China initiating a “war to deter invasion.” 1/n
manilatimes.net/2020/11/03/opi… A threat of preventive war, if reinforced in the near future, will really raise the stakes. It is sad to see the very talented Zhang Yimou further enlisted in the CCP’s assertive policies. It is one thing to assist in China’s peaceful propaganda exercises...2/n
Nov 1, 2020 5 tweets 1 min read
When the NPCSC chose not to deal with the question of whether democratic members of LegCo will be able to take part in the extended session, it was suspected that action such as that taken today by HK police might be in the offing. 1/n
rb.gy/gikult By arresting only opposition lawmakers involved in the May imbroglio, the HKG is sure to further inflame popular opinion. At least the suspects have not been accused of “rioting”. Perhaps the police were chastened by Judge Sham’s recent decision...2/n
Oct 31, 2020 4 tweets 1 min read
Here's a worthy analysis not only of the recent deterioration in US-China relations but also the PRC’s broader problems with the world. The idea that Xi Jinping, in order to bolster his domestic power, must show the world a strong, domineering...1/n
cnn.com/2020/10/30/wor… ...posture and cannot indicate any willingness to compromise on a wide range of issues is an appealing one. Yet why was Deng Xiaoping able to present a different image to the world? Deng, traditionally a Stalinist at home apart from a moderate 1978-89 period, maintained...2/n
Oct 30, 2020 4 tweets 1 min read
Here's an @TheEconomist piece that provides a fitting, admirable summary of what I hope the vast majority of American voters believe. A resounding Biden victory could lead us into an era almost as exciting and significant... 1/n economist.com/leaders/2020/1… ...as the one that FDR’s 1932 election introduced. It might also save us and the world from the growing peril of trends in Sino-American relations. But, for that to happen, the PRC and its people, to the extent they can register their sentiments, will have to make...2/4
Oct 5, 2020 4 tweets 1 min read
Here is China Daily’s latest attack on the independence of the HK judiciary, again written by former head of HK’s Independent Commission Against Corruption (ICAC), Tony Kwok. 1/n
s.chinadailyhk.com/aUfAj2 Like other critics seeking to tame HK’s independent judges, he terms judicial acquittals and light sentences “a scandal” and “dirty linen.” Here Kwok calls for “forceful intervention by the administration” to appoint a review committee that, after wide-ranging study, will...2/n
Sep 28, 2020 5 tweets 2 min read
Here's a helpful @hrw review of the mysterious case of the “HK 12” still secretly held in Shenzhen. I've been told that there's a Chinese language report in a mainland paper that the group has now been formally “arrested”...1/n
hrw.org/news/2020/09/2… ...but that the report did not indicate what the charge is. If anyone has seen a report on the issue of formal “arrest,” please let me know. It may be that the paper was merely noting, belatedly, the reason alleged for the Aug. 23 detention. 2/n
Sep 16, 2020 4 tweets 1 min read
Here is an article from China Daily that is worth reading, suggesting a double violation of international law by the USG – a major substantive violation and a major institutional/procedural violation that prevents the WTO from effectuating a ruling...1/n
newsletter.chinadailyhk.com/newsletter/top… ...on the substantive question and apparently shuts down the entire WTO dispute resolution process. Should those who have condemned the PRC’s rejection of the UNCLOS dispute resolution system in the important case of the 2016 Philippine arbitration award do what we can...2/n
Sep 9, 2020 4 tweets 2 min read
The @latimes story is a terrific, courageous report in the tradition of @aliceysu LA Times predecessors. It reveals the standard operating procedure of the totalitarian PRC police. Yet the story’s detailed interview...1/n
latimes.com/world-nation/s… ...with the gutsy unidentified “police source” reveals some rarely published nuggets, like the reference to the feared listing as a “key individual” that can land you police surveillance for life! When some critics question how we know about the considerable...2/n
Sep 8, 2020 5 tweets 2 min read
Right after complimenting Australia’s diplomatic establishment on its current performance in China, I read @PearsonElaine good dispatch indicating that the Ministry recently abolished the human rights post at its Beijing embassy! 1/n
hrw.org/news/2020/09/0… I’m sure that was not done on the theory that, since the PRC no longer even pretends to protect political rights, there is no need to cover the subject. The job has undoubtedly been allocated to another staff position but the optics are awful, especially at this time. 2/n
Sep 8, 2020 5 tweets 1 min read
This is an extraordinary report. One has to admire the prompt and skillful handling of the challenges in both Beijing and Shanghai by the Australian diplomats on the scene and by their Ministry at home. 1/n
abc.net.au/news/2020-09-0… I recall how unprepared Australia’s Shanghai Consulate was in the summer of 1989 when one of its nationals–a law firm associate of mine–was erroneously detained, post-June 4th, for a suspected drug violation. 2/n
Sep 7, 2020 4 tweets 1 min read
This is an unusually good and comprehensive view of recent Australia-China relations. Several years ago I began preaching the importance of studying the Australian experience with China, referring to Australia as “the canary in our coal mine”. 1/n
asahi.com/ajw/articles/1… Some Australian colleagues appreciated the point if not the metaphor, so I keep harping on the former while abandoning the latter. The Chinese ambassador to Australia’s invocation of Roman history must have caused some Chinese observers to reflect on Caesar’s fate...2/n
Sep 3, 2020 4 tweets 1 min read
Bravo for Hong Kong Magistrate May Chung. Of course, this is only the first of many prosecutions brought against the dynamic and courageous publisher, #JimmyLai. I hope he will be successful in defending against all of them. 1/n
scmp.com/news/hong-kong… Unlike most other people, he is wealthy enough to sustain the enormous legal costs of his trials. Perhaps at the end of this series of legal ordeals, he will be able to write a book similar to that authored by the late Ted Lamb, American publisher of a leading liberal...2/n
Sep 2, 2020 5 tweets 1 min read
Here is an important addition to the renewed ferment over Taiwan policy. Although I have long worked part-time at CFR, I had no idea this essay was coming. 1/n
foreignaffairs.com/articles/unite… As this piece indicates, the phrasing of any USG declaration that it will defend Taiwan has to be very carefully considered. Should it state or even hint that it opposes Taiwan independence? 2/n
Aug 28, 2020 5 tweets 1 min read
In an effort to humanize herself and bid for public sympathy, Carrie Lam seems to be making herself more ridiculous. If she doesn’t understand politics, how can she be sure she is right? 1/n
scmp.com/news/hong-kong… And if her family has never taken interest in local politics, how do they know she is right? Her son’s instinct was correct, however. She should not have allowed herself to be put up for what passes as “election” in Hong Kong. 2/n
Aug 27, 2020 4 tweets 1 min read
So Hong Kong again has “boat people” but this time they are leaving, not arriving. I recall when Hong Kong was a haven for thousands of Vietnamese who had fled the arriving Communists in 1975. 1/n I hope Taiwan is preparing better facilities than those that were offered by Hong Kong, which had so many uninvited visitors that the Vietnamese, who had hoped for freedom, often found themselves temporarily housed in HK prisons. I spent April Fool’s Day 1975 interviewing...2/n