Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following ...
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This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.Less
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.
Samuel Totten, William S. Parsons, and Robert K. Hitchcock
- Published in print:
- 2002
- Published Online:
- May 2012
- ISBN:
- 9780520230286
- eISBN:
- 9780520927575
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520230286.003.0003
- Subject:
- Anthropology, African Cultural Anthropology
This chapter clarifies some key issues on the prevention of genocidal atrocities. It states that the definition of the term indigenous peoples is problematic, since in many places groups may migrate ...
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This chapter clarifies some key issues on the prevention of genocidal atrocities. It states that the definition of the term indigenous peoples is problematic, since in many places groups may migrate and identify themselves in different ways. It identifies the four key characteristics of indigenous peoples (as stated by the Independent Commission on International Humanitarian Issues), and distinguishes physical genocide, cultural genocide, “ecocide,” and other typologies of genocide. This chapter also tries to show how such devastation is often implicitly or explicitly legitimated by metanarratives of modernity.Less
This chapter clarifies some key issues on the prevention of genocidal atrocities. It states that the definition of the term indigenous peoples is problematic, since in many places groups may migrate and identify themselves in different ways. It identifies the four key characteristics of indigenous peoples (as stated by the Independent Commission on International Humanitarian Issues), and distinguishes physical genocide, cultural genocide, “ecocide,” and other typologies of genocide. This chapter also tries to show how such devastation is often implicitly or explicitly legitimated by metanarratives of modernity.
Elisa Novic
- Published in print:
- 2016
- Published Online:
- December 2016
- ISBN:
- 9780198787167
- eISBN:
- 9780191829253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787167.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter provides a historical–legal analysis of the concept of ‘cultural genocide’ and the way in which Raphael Lemkin’s original ‘technique’ of genocide has been transformed throughout the ...
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This chapter provides a historical–legal analysis of the concept of ‘cultural genocide’ and the way in which Raphael Lemkin’s original ‘technique’ of genocide has been transformed throughout the twentieth century. It is argued that by anchoring the definition of genocide in a physical-biological perspective, as reflected in the 1948 Genocide Convention, international law has provided space for the concept to evolve as an autonomous form of genocide, also called ‘ethnocide’. This broader conception has in turn fuelled a defensive judicial interpretation of the legal definition of genocide, against the inclusion of processes of socio-cultural destruction that have then been re-qualified in terms of ‘forced assimilation’ or ‘ethnic cleansing’.Less
This chapter provides a historical–legal analysis of the concept of ‘cultural genocide’ and the way in which Raphael Lemkin’s original ‘technique’ of genocide has been transformed throughout the twentieth century. It is argued that by anchoring the definition of genocide in a physical-biological perspective, as reflected in the 1948 Genocide Convention, international law has provided space for the concept to evolve as an autonomous form of genocide, also called ‘ethnocide’. This broader conception has in turn fuelled a defensive judicial interpretation of the legal definition of genocide, against the inclusion of processes of socio-cultural destruction that have then been re-qualified in terms of ‘forced assimilation’ or ‘ethnic cleansing’.
Elisa Novic
- Published in print:
- 2016
- Published Online:
- December 2016
- ISBN:
- 9780198787167
- eISBN:
- 9780191829253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787167.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
The introduction sets out the premise for the research, starting with the difficulty of coining a unique definition of cultural genocide. This is due to the fact that the concept relies both on the ...
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The introduction sets out the premise for the research, starting with the difficulty of coining a unique definition of cultural genocide. This is due to the fact that the concept relies both on the concept of culture, understood broadly as a way of life, and the concept of genocide, which is very narrowly defined in international law. Against this background, it proposes to address the question of the status of cultural genocide in international law by acknowledging the evolution of both international law and the concept of cultural genocide since the debate originally emerged in the 1940s, and looks at which gaps remain to be filled instead of advocating for the codification of the concept.Less
The introduction sets out the premise for the research, starting with the difficulty of coining a unique definition of cultural genocide. This is due to the fact that the concept relies both on the concept of culture, understood broadly as a way of life, and the concept of genocide, which is very narrowly defined in international law. Against this background, it proposes to address the question of the status of cultural genocide in international law by acknowledging the evolution of both international law and the concept of cultural genocide since the debate originally emerged in the 1940s, and looks at which gaps remain to be filled instead of advocating for the codification of the concept.
Jérémie Gilbert
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190272654
- eISBN:
- 9780190272685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190272654.003.0018
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Cultural genocide broadly refers to ‘the extermination of a culture that does not involve physical extermination of its people’. This chapter examines how, from a criminal law concept, cultural ...
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Cultural genocide broadly refers to ‘the extermination of a culture that does not involve physical extermination of its people’. This chapter examines how, from a criminal law concept, cultural genocide has moved to a concept aimed at protecting cultural diversity. This chapter in Section II will first examine how and why the crime was rejected under international criminal law. Based on this analysis, it will then examine how human rights law, which was meant to address the issue of cultural protection of minorities, has in fact left this area of the law undeveloped. Section III will then assess to what extent the notion of cultural genocide can act as an important tool for conflict prevention when minorities’ cultural assets are under attack. Finally, Section IV will explore how the indigenous peoples’ rights movement has renewed the idea that prohibiting cultural genocide constitutes an essential elements of human rights law.Less
Cultural genocide broadly refers to ‘the extermination of a culture that does not involve physical extermination of its people’. This chapter examines how, from a criminal law concept, cultural genocide has moved to a concept aimed at protecting cultural diversity. This chapter in Section II will first examine how and why the crime was rejected under international criminal law. Based on this analysis, it will then examine how human rights law, which was meant to address the issue of cultural protection of minorities, has in fact left this area of the law undeveloped. Section III will then assess to what extent the notion of cultural genocide can act as an important tool for conflict prevention when minorities’ cultural assets are under attack. Finally, Section IV will explore how the indigenous peoples’ rights movement has renewed the idea that prohibiting cultural genocide constitutes an essential elements of human rights law.
Hirad Abtahi and Philippa Webb
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190272654
- eISBN:
- 9780190272685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190272654.003.0017
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Drafted from 1946 to 1948, the Genocide Convention is the product of its time: a document reflecting the sociology of immediate post-WWII inter-states relations. This chapter seeks to shed light on ...
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Drafted from 1946 to 1948, the Genocide Convention is the product of its time: a document reflecting the sociology of immediate post-WWII inter-states relations. This chapter seeks to shed light on hidden facts behind the Genocide Convention’s drafting, negotiations, and adoption processes during 1946–1948. There are secrets and surprises in the travaux préparatoires relating to the origins of the Convention, cultural and political genocide, the obligation to prevent, the issue of an international criminal court, and the question of reparations to victims of genocide. William Schabas has repeatedly recognised in his academic writing the value that can be gained from a close study of the travaux.Less
Drafted from 1946 to 1948, the Genocide Convention is the product of its time: a document reflecting the sociology of immediate post-WWII inter-states relations. This chapter seeks to shed light on hidden facts behind the Genocide Convention’s drafting, negotiations, and adoption processes during 1946–1948. There are secrets and surprises in the travaux préparatoires relating to the origins of the Convention, cultural and political genocide, the obligation to prevent, the issue of an international criminal court, and the question of reparations to victims of genocide. William Schabas has repeatedly recognised in his academic writing the value that can be gained from a close study of the travaux.
Elisa Novic
- Published in print:
- 2016
- Published Online:
- December 2016
- ISBN:
- 9780198787167
- eISBN:
- 9780191829253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787167.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
The previous chapters have confirmed two ideas: the complexity of the concept of cultural genocide, which renders its codification particularly arduous, and the unlikeliness that the concept will be ...
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The previous chapters have confirmed two ideas: the complexity of the concept of cultural genocide, which renders its codification particularly arduous, and the unlikeliness that the concept will be reintroduced in the legal category of genocide. Against this background, international human rights law seems to constitute the most solid basis for a comprehensive approach to cultural genocide, as it provides solid primary obligations and mechanisms of responsibility, which can be extended to criminal responsibility for the crime of persecution, and especially reparation for the victims. This result might be disappointing for some, as it ends up placing the term ‘cultural genocide’ outside the international legal sphere. The concept still remains particularly relevant as a paralegal concept, the use of which is likely to provide greater resonance to instances of cultural destruction and thus trigger the implementation of the various international legal tools identified throughout this study.Less
The previous chapters have confirmed two ideas: the complexity of the concept of cultural genocide, which renders its codification particularly arduous, and the unlikeliness that the concept will be reintroduced in the legal category of genocide. Against this background, international human rights law seems to constitute the most solid basis for a comprehensive approach to cultural genocide, as it provides solid primary obligations and mechanisms of responsibility, which can be extended to criminal responsibility for the crime of persecution, and especially reparation for the victims. This result might be disappointing for some, as it ends up placing the term ‘cultural genocide’ outside the international legal sphere. The concept still remains particularly relevant as a paralegal concept, the use of which is likely to provide greater resonance to instances of cultural destruction and thus trigger the implementation of the various international legal tools identified throughout this study.
Elisa Novic
- Published in print:
- 2016
- Published Online:
- December 2016
- ISBN:
- 9780198787167
- eISBN:
- 9780191829253
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787167.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, with ...
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Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, with recent discussions before the International Criminal Tribunal for the Former Yugoslavia and in the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have however displayed the lack of a uniform understanding of the concept of cultural genocide and, consequently, of the role that international law is expected to fulfil in this regard. This book therefore intends to present an exhaustive review of how international law has been approaching the core idea underlying the concept of cultural genocide, i.e. the intentional destruction of group cultures, and how this framework can be strengthened and fostered. It therefore traces developments, from the early conceptualization of cultural genocide to the contemporary question of its reparation. Through this journey, it discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction, in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups’ cultural destruction.Less
Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, with recent discussions before the International Criminal Tribunal for the Former Yugoslavia and in the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have however displayed the lack of a uniform understanding of the concept of cultural genocide and, consequently, of the role that international law is expected to fulfil in this regard. This book therefore intends to present an exhaustive review of how international law has been approaching the core idea underlying the concept of cultural genocide, i.e. the intentional destruction of group cultures, and how this framework can be strengthened and fostered. It therefore traces developments, from the early conceptualization of cultural genocide to the contemporary question of its reparation. Through this journey, it discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction, in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups’ cultural destruction.
Lindsey N. Kingston
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190918262
- eISBN:
- 9780190918293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190918262.003.0007
- Subject:
- Political Science, International Relations and Politics, Democratization
The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize ...
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The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize the international community’s central focus on state governments for legitimizing human rights claimants. For communities such as the Onondaga Nation of Central New York, state membership comes second to the ties that bind one to an indigenous nation. (Indeed, the Onondaga Nation maintains a legally distinct territory just outside Syracuse, New York, and some members have rejected US citizenship in favor of tribe-issued passports.) While this chapter explores the historical trajectory leading to modern indigenous rights concerns—which include an ongoing process of cultural genocide—it focuses on how indigenous nations and tribal sovereignty challenge the reliance on state citizenship for recognizing personhood and claiming human rights. Calls for indigenous sovereignty offer alternative pathways for conceptualizing identification, legal status, and political membership.Less
The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize the international community’s central focus on state governments for legitimizing human rights claimants. For communities such as the Onondaga Nation of Central New York, state membership comes second to the ties that bind one to an indigenous nation. (Indeed, the Onondaga Nation maintains a legally distinct territory just outside Syracuse, New York, and some members have rejected US citizenship in favor of tribe-issued passports.) While this chapter explores the historical trajectory leading to modern indigenous rights concerns—which include an ongoing process of cultural genocide—it focuses on how indigenous nations and tribal sovereignty challenge the reliance on state citizenship for recognizing personhood and claiming human rights. Calls for indigenous sovereignty offer alternative pathways for conceptualizing identification, legal status, and political membership.
