cross-posted from: https://lemmy.sdf.org/post/50660303

China has built not only a military to coerce Taiwan, but an army of lawyers to intimidate and constrain it. In 2025, Beijing’s lawfare campaign shifted decisively from largely declaratory threats to active enforcement. The objective is not legal resolution but deterrence: raising the personal cost of engagement with Taiwan’s democracy and normalising coercion under the fig leaf of law.

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According to Taiwan’s Mainland Affairs Council, reported cases of Taiwanese citizens going missing, being detained for questioning, or having their personal freedom restricted rose from single-digit monthly figures in 2024 to double-digit figures throughout 2025. By late November, 221 cases had been reported to the Mainland Affairs Council and the Straits Exchange Foundation, compared with 55 across all of 2024.

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This trend sits alongside a more overt legal escalation: Beijing’s move to ‘prosecute’ alleged Taiwanese ‘separatists’. Chinese authorities are increasingly simulating formal criminal process against named individuals outside their jurisdiction. This approach asserts an explicitly extraterritorial claim: that the Chinese Communist Party can investigate, list and punish Taiwanese citizens regardless of nationality, residence or international law. These actions are intended to chill political speech, constrain international engagement with Taiwan, and signal that support for Taiwanese democracy carries personal costs.

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These actions are legally meaningless outside of China. But that is beside the point. As instruments of lawfare, they serve three purposes. First, they justify Beijing’s coercive measures under the guise of enforcing its own domestic laws. Second, they blur the boundary between lawful political expression and criminal behaviour thereby raising perceived legal risk for journalists, activists and influencers. Third, they reinforce Beijing’s narrative that Taiwan’s democracy itself is a hostile disinformation actor, rather than a legitimate political system.

For policymakers, the implication is clear. Lawfare is no longer a supporting domain of effort in Beijing’s Taiwan strategy; it is a central instrument of pressure. Recognising and responding to this shift, through clearer diplomatic signalling, coordinated responses to transnational repression, and support for Taiwan’s legal resilience, will be essential to managing cross-strait stability in the years ahead.

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