A Cultural Interpretation Of The Genocide Convention

This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide. Using Raphael Lemkin’s personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin’s ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists. This volume poses a forceful challenge to the materialist interpretation and calls into question decades of international case law. It will be of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.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, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also 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 thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book 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.

In this definitive study, Lawrence J. LeBlanc examines the nearly forty-year struggle over ratification of the Genocide Convention by the United States. LeBlanc's analysis of the history of the convention and the issues and problems surrounding its ratification sheds important light on the process of treaty ratification in the United States and on the role of American public opinion and political culture in international human rights legislation. Drawing on case studies of genocide committed since World War II, the author also confronts the strengths and weaknesses of international adjudication as a whole. Adopted by the United Nations General Assembly in 1948 in response to the atrocities committed by the Nazis before and during World War II, the Genocide Convention was finally made law by the United States Senate in 1988 contingent upon a series of "conditions"--known as the "Lugar-Helms-Hatch Sovereignty Package"--which, LeBlanc suggests, markedly weakened the convention. Through careful analysis of the bitter debates over ratification, LeBlanc demonstrates that much of the opposition to the convention sprang from fears that it would be used domestically as a tool by groups such as blacks and Native Americans who might hold the U.S. accountable for genocide in matters of race relations.

This work gathers in a single publication the records of the meetings which, in the context of the post World War II United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide.

Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.

The book provides the following topics:Outlawing Genocide: A crime without a name; The contours of genocide; Genocide in crime codes. Calling to Account: Prosecuting under a quasi-genocide statute; Prosecuting without a genocide statute; Prosecuting under a true genocide statute; Prosecuting in international courts; Suing in the world court. Genocides Legal Environment: Ex post facto genocide; Treaty violation or crime; Genocide in customary law; The UN Security Council and genocide. Genocidal Intent: The acts of genocide; Genocide by killing; Destroying a group; Instant destruction; Intent without intent; The motives for genocide; The intent of others. The Victims of Genocide: The numbers game; Identifying a group; A group in the eye of the beholder; Genocide by mistake. The Scale of Genocide: Retail genocide; Wholesale genocide; Local genocide; Targeting important persons; Targeting political opponents. Techniques of Genocide; Ethnic cleansing and genocidal intent; Ethnic cleansing in the courts; Human habitat; Aerial genocide; Nuclear genocide. Genocide by a State: Opting out; The Conventions curious omission; States as criminals; States as perpetrators of genocide; Other routes to jurisdiction; States as intermeddlers; A legal interest in genocide; Compensation for victims. Why Genocide?: The World Courts power; The need for genocide; The power of domestic courts; and The deterrent value of genocide.

Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada’s role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.