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Belmont Law Review

Abstract

This Article examines allegations of systematic forced organ harvesting by the People’s Republic of China and argues that existing U.S. federal criminal law provides an underutilized mechanism to deter American participation in that industry. Tracing the historical development of China’s transplant system—from the use of executed prisoners to the alleged targeting of prisoners of conscience, including Falun Gong practitioners and Uyghurs—the Article situates organ procurement practices within broader human rights and genocide concerns. It contends that despite congressional hearings, resolutions, and proposed sanctions, meaningful deterrence has been limited. The Article advances a novel enforcement theory: prosecution of U.S. persons under 18 U.S.C. § 956 for conspiracy to kill or maim abroad when Americans materially participate in, facilitate, or purchase organs connected to China’s transplant system. By focusing on demand-side accountability—including medical professionals, brokers, institutions, and transplant tourists—the Article reframes forced organ harvesting not merely as a foreign human rights issue but as a potential federal criminal conspiracy implicating American actors. It concludes that aggressive enforcement of existing conspiracy statutes could significantly disrupt transnational organ trafficking networks and reaffirm U.S. commitments to human rights and the rule of law.

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