Genocide



Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. While a precise definition varies among genocide scholars, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Article 2 of this convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group." Because of the influence of Joseph Stalin, this definition of genocide under international law does not include political groups.

The preamble to the CPPCG states that instances of genocide have taken place throughout history, but it was not until Raphael Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg trials that the United Nations agreed to the CPPCG which defined the crime of genocide under international law.

There was a gap of more than forty years between the CPPCG coming into force and the first prosecution under the provisions of the treaty. To date all international prosecutions of genocide, the Rwandan Genocide and the Srebrenica Genocide, have been by ad hoc international tribunals. The International Criminal Court came into existence in 2002 and it has the authority to try people from the states that have signed the treaty, but to date it has not tried anyone.

Since the CPPCG came into effect in January 1951 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their municipal law, and some perpetrators of genocide have been found guilty under such municipal laws, such as Nikola Jorgic, who was found guilty of genocide in Bosnia by a German court (Jorgic v. Germany).

Critics of the CPPCG point to the narrow definition of the groups that are protected under the treaty, particularly the lack of protection for political groups for what has been termed politicide (politicide is included as genocide under some municipal jurisdictions). One of the problems was that until there was a body of case law from prosecutions, the precise definition of what the treaty meant had not been tested in court, for example, what precisely does the term "in part" mean? As more perpetrators are tried under international tribunals and municipal court cases, a body of legal arguments and legal interpretations are helping to address these issues.

Another criticism of the CPPCG is that when its provisions have been invoked by the United Nations Security Council, they have only been invoked to punish those who have already committed genocide and been foolish enough to leave a paper trail. It was this criticism that led to the adoption of UN Security Council Resolution 1674 by the United Nations Security Council on 28 April 2006 commits the Council to action to protect civilians in armed conflict and to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

Genocide scholars such as Gregory Stanton have postulated that conditions and acts that often occur before, during, and after genocide— such as dehumanization of victim groups, strong organization of genocidal groups, and denial of genocide by its perpetrators— can be identified and actions taken to stop genocides before they happen. Critics of this approach such as Dirk Moses assert that this is unrealistic and that, for example, "Darfur will end when it suits the great powers that have a stake in the region".

History
The term "genocide" was coined by Raphael Lemkin (1900–1959), a Polish-Jewish legal scholar, in 1944, firstly from the Latin "gens, gentis," meaning "birth, race, stock, kind" or the Greek root génos (γένος) (same meaning); secondly from Latin -cidium (cutting, killing) via French -cide.

In 1933 Lemkin wrote a proposal on the "crime of barbarity" to be presented to the Legal Council of the League of Nations in Madrid. This was his first formal attempt at creating a law against what he would later call genocide. The concept originated in his youth when he first heard of the Ottoman government's mass killings of its Armenian Christian population during the First World War. His proposal failed, and his work incurred the disapproval of the Polish government, which was at the time pursuing a policy of conciliation with Nazi Germany.

In 1944, the Carnegie Endowment for Internationall Peace published Lemkin's most important work, entitled Axis Rule in Occupied Europe, in the United States. This book included an extensive legal analysis of German rule in countries occupied by Nazi Germany during the course of World War II, along with the definition of the term genocide ("the destruction of a nation or of an ethnic group").

The Nuremberg Trials
Lemkin's idea of genocide as an offense against international law was widely accepted by the international community and was one of the legal bases of the Nuremberg Trials (the indictment of the 24 Nazi leaders specifies in Count 3 that the defendants "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..." ) Lemkin presented a draft resolution for a Genocide Convention treaty to a number of countries in an effort to persuade them to sponsor the resolution. With the support of the United States, the resolution was placed before the General Assembly for consideration. In 1943, Lemkin wrote:

International law
In the wake of the Holocaust, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocide. In 1946, the first session of the United Nations General Assembly adopted a resolution that "affirmed" that genocide was a crime under international law, but did not provide a legal definition of the crime. In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide which legally defined the crime of genocide for the first time.

The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally-recognized definition of genocide which was incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, the treaty that established the International Criminal Court (ICC). The Convention (in article 2) defines genocide:

The first draft of the Convention included political killings, but the USSR along with some other nations would not accept that actions against groups identified as holding similar political opinions or social status would constitute genocide, so these stipulations were subsequently removed in a political and diplomatic compromise.

Intent to destroy
In 2007 the European Court of Human Rights (ECHR), noted in its judgement on Jorgic v. Germany case that in 1992 the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view and did not consider biological-physical destruction was necessary as the intent to destroy a national, racial, religious or ethnical group was enough to qualify as genocide.

In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation, that biological-physical destruction was necessary for an act to qualify as genocide. The ECHR also noted that at the time of its the judgement, apart from courts in Germany which had taken a broad view, that there had been few cases of genocide under other Convention States municipal laws and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide".

In part
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.

The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms, but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group, or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."

In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators’ activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can – in combination with other factors – inform the analysis."

CPPCG coming into force
After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the UN Security Council (UNSC) were parties to the treaty: France and the Republic of China. Eventually the Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.

Security Council responsibility to protect
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the Council to action to protect civilians in armed conflict.

Under municipal law
Since the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 2010 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their municipal law.

Criticisms of the CPPCG and other definitions of genocide
William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require States to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.

Writing in 1998 Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has an international legal credibility that others lack, other definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.

Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions to help them interpret events. For example Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and R. J. Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff and Ted Gurr have looked at post World War II events. Jonassohn and Björnson are critical of some of these studies arguing that they are too expansive and concludes that the academic discipline of genocide studies is too young to have a canon of work on which to build an academic paradigm.

The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." While there are various definitions of the term, Adam Jones states that the majority of genocide scholars consider that "intent to destroy" is a requirement for any act to be labelled genocide, and that there is growing agreement on the inclusion of the physical destruction criterion.

Barbara Harff and Ted Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ...[when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality." Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "... we follow Harff's distinction between genocides and 'pogroms,' which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist.' If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."

According to R. J. Rummel, genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide. This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.

A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the Darfur conflict and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ad hoc International Criminal Tribunal, this will confirm this perception.

Another major criticism is that the definition excludes current and past mass atrocities committed by western nations. Many use the atrocities during conquest of the Americas as an example, which included the deliberate murder and mass deportation of native Americans. Many agrue whether this can be classified as genocide as it was never officially stated that they where deported with the intent to kill, only relocate. Many others claim it can be classified as genocide, as the United States government carried these actions out on an entire ethnic populations and had to be aware that deportations would result in the massive of deaths.

By ad hoc tribunals
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories — namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and Yugoslavia — signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by Yugoslavia following the 1999 Kosovo War.

It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution, because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.

Nuremberg Trials
Because the universal acceptance of international laws, defining and forbidding genocide was achieved in 1948, with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), those criminals who were prosecuted after the war in international courts, for taking part in the Holocaust were found guilty of crimes against humanity and other more specific crimes like murder. Nevertheless the Holocaust is universally recognized to have been a genocide and the term, that had been coined the year before by Raphael Lemkin, appeared in the indictment of the 24 Nazi leaders, Count 3, stated that all the defendants had "conducted deliberate and systematic genocide – namely, the extermination of racial and national groups..."

Rwanda
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April, 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.

So far, the ICTR has finished nineteen trials and convicted twenty seven accused persons. On December 14, 2009 two more men were accused and convicted for their crimes. Another twenty five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on December 14, 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. He was executed the same day that Jean Kambanda, the interim Prime Minister, pled guilty, March 21, 2003.

Former Yugoslavia
The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place during the 1992–1995 Bosnian War (an interpretation rejected by a majority of scholars).

In 2001 the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.

On 26 February 2007 the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the Srebrenica massacre constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.

On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgic against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide"

About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of genocide, and two others, Radislav Krstic and Drago Nikolic, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgic lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).

Slobodan Milosevic, as the former President of Serbia and of Yugoslavia was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995 the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadzic and Ratko Mladic on several charges including genocide. On 21 July 2008 Karadzic was arrested in Belgrade, and he is currently in The Hague prison awaiting trial. Ratko Mladic is still at large.

By the International Criminal Court
To date all international prosecutions for genocide have been brought in specially convened international tribunals. Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.

Darfur, Sudan
The on-going conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council followed suit. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of the Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."

As the conflict in Darfur entered its sixth year, conditions continued to deteriorate for civilians. Hundreds of thousands of people had been killed, even by the most conservative estimates. The United Nations put the death toll at roughly 300,000, while the former U.N. undersecretary-general put the number at no less than 400,000. In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.

In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.

On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.

On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge.

Humanitarian assistance in Darfur continues to be at risk of collapse, in part because of sustained harassment by the Sudanese government, and in part because of the government’s militia allies and common criminals.

Genocide in history
The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world," and that "at all periods of history genocide has inflicted great losses on humanity."

In many cases where accusations of genocide have circulated, partisans have fiercely disputed such an interpretation and the details of the event. This often leads to the promotion of vastly different versions of the event in question. Revisionist attempts to deny or challenge claims of genocides are illegal in some countries. For example, several European countries ban denying the Holocaust, whilst in Turkey it is illegal to refer to mass killings of Armenians by the Ottoman Empire towards the end of the First World War as a genocide.

Stages of genocide and efforts to prevent it
In 1996 Gregory Stanton the president of Genocide Watch presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".

The Stanton paper was presented at the State Department, shortly after the Rwanda genocide and much of the analysis is based on why that genocide occurred. The preventative measures suggested, given the original target audience, were those that the United States could implement directly or use their influence on other governments to have implemented.

In a paper for the Social Science Research Council Dirk Moses criticises the Stanton approach concluding:

Prevention of Genocide Task Force
On 8 December 2008, the Prevention of Genocide Task Force, co-chaired by Madeline Albright, a former US Secretary of State, and William Cohen, a former US Secretary of Defense, released its final report which concludes that the US government can prevent genocide and mass atrocities in the future.

In the words of Mr. Cohen, “This report provides a blueprint that can enable the United States to take preventive action, along with international partners, to forestall the specter of future cases of genocide and mass atrocities.”

Recommendations include:
 * a proactive role of the US president which would demonstrate to the US and the World that preventing genocide and mass atrocities is a national priority
 * creating a body within the United States National Security Council to analyze threats and consider preventative action
 * set up a fund of $250 million for crisis prevention and response
 * help create an international network for the sharing of information and the coordination of preventative action

Ethnocide
Ethnocide is a concept related to genocide. Primarily, the term, close to cultural genocide, is used to describe the destruction of a culture of a people, as opposed to the people themselves. It may involve a linguicide, phenomenons of acculturation, etc. Furthermore, by contrast with a genocide, an ethnocide is not necessarily intentional. However, unlike genocide, which has entered into international law, ethnocide remains primarily the province of ethnologists, who have not yet settled on a single cohesive meaning for the term.

Raphael Lemkin, the linguist and lawyer who coined genocide in 1943 as the union of "the Greek word genos (race, tribe) and the Latin cide (killing)", also suggested ethnocide as an alternative form representing the same concept, using the Greek ethnos (nation) in place of genos. It does not appear to have entered into wide usage at the time. Subsequently, ethnocide has been used by some ethnologists to refer to a sub-type of genocide. While the United Nations' 1951 Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as acts committed against "national, ethnical, racial or religious" groups, ethnocide, taken in this context, would refer only to crimes motivated by ethnicity.

Another definition in use in some writings suggests that ethnocide could refer to actions which do not lead directly to death or harm of living members of a group, but instead have the long-term effect of reducing birthrates, interfering with education or transmission of culture to future generations of a group, or erasing the group's existence or practices from the historical record. This usage is commonly found in discussions of oppressed indigenous peoples and is sometimes referred to as culturecide. Under the UN Convention, some of these practices could also overlap with legal definitions of genocide, such as prevention of births within a group or forcibly transferring the children of one ethnic group to another group.

Although international genocide law focuses primarily on direct violent and repressive actions, Lemkin, in his writings, considered genocide to be a crime above all others not only because of the numbers of persons killed or injured, but because genocide carried with it the intent to render entire, irreplaceable cultures extinct. The broader definition of ethnocide may be useful in addressing perceived shortcomings and restrictions of genocide law and in identifying cultural destruction when it occurs by less violent and less visible means.

The French ethnologist Robert Jaulin (1928–1996) redefined the concept of ethnocide in 1970 with his ground-breaking La paix blanche : introduction à l’ethnocide ("White Peace: Introduction to Ethnocide"). This capital work, which remains to be translated into English, gives a detailed account of the ethnocide-in-motion suffered by the Bari, a Native American people living on the border between Venezuela and Colombia, in the second half of the sixties, as witnessed by Robert Jaulin himself. Whether conflicting or collaborating among themselves, multiple vectors of ethnocide in place (the Catholic Church and other Christian confessions, the Venezuelan and the Colombian armies, the US petroleum company Colpet, and all the “little colonists” as Jaulin calls them) converged to the relentless disavowal and destruction of Bari’s culture and society.

In Jaulin’s understanding of the notion, it is not the means but the ends that define ethnocide. Accordingly, the ethnocide would be the systematic destruction of the thought and the way of life of people different from those who carry out this enterprise of destruction. Whereas the genocide assassinates the people in their body, the ethnocide kills them in their spirit.

Collective and arbitrary murder, systematic abduction of children to raise them away from their parent’s culture, active and degrading religious propaganda, forced work, expulsion from the homeland or compulsory abandonment of cultural habits and social structure, all these practices, described by Jaulin, have in common a deep despise for the other man and woman as representatives of a different cultural world.

Along with a detailed description and analysis of Bari’s case, La paix blanche is also a broad reflection on Western civilization’s tendency to ignore, lower and destroy other cultural worlds as it comes in touch with them, while extending its own domain, bringing the focus of the discussion back from the frontiers of Western civilization to its core and its history. As he takes his inquiry back in time, Jaulin shows that the way the West relates to other civilizations is a continuation of the way it has always related to its own inner cultural diversity, from the monotheistic exclusion of the representatives of different and differing cultural spaces (the “other” gods, divinities, entities, etc.) to its reinstatement under the successive garments of Reason, Revolution, Progress or Science.

A long reflection on the dynamics that led to worldwide ethnocide, its different “masks”, its history and, according to him, one of its earliest manifestations, monotheism, led Jaulin to a complete reappraisal of the phenomenal and conceptual fields polarized by the notion of ethnocide.

This reassessment took its final shape in the 1995’s work, L’univers des totalitarismes : Essai d’ethnologie du “non-être” (in free translation: "The Universe of Totalitarianisms: An Ethnological Essay on “Non-Being”"). In this book, the notion of “totalitarianism” (which should not be mistaken for Hannah Arendt’s concept of totalitarianism) depicts the underlying dynamics of which ethnocide becomes a manifestation among others.

Jaulin defines totalitarianism as an abstract scheme or machine of non-relation to cultural otherness characterized by the expansion of "oneself " ("soi") through an election/exclusion logic. The totalitarian machine operates by splitting the universe into its own “agents” on the one side, and its “objects” on the other, whether they be individuals, families, groups, societies or whole civilizations. It proceeds by depriving the later of their quality of cultural subjects through the erosion and finally the suppression of their space of tradition and cultural invention, which mediates their relation with themselves, i.e. their reflexivity. With the mutilation of their “field of cultural potentialities”, as Jaulin calls it, the totalitarian dynamics transforms its “objects” into new “agents” of expansion, reduced to a mock self-relation defined by the horizon of a potential election. However, to become actual this election needs to articulate with a pole of exclusion; thus the need of a new expansion of this universe of non-relation, the universe of totalitarianisms, by definition an endlessly expanding universe whose theoretical limits paradoxically coincide with its own self-destruction.

The election/exclusion logics works by means of pairs of contradictory and, therefore, mutually exclusive terms. Their content may be as varied as the different semantic domains invested by the totalitarian machine: chosen/doomed, religion/magic, truth/falseness, literate/illiterate, savage/civilized, subject/object, intellectual/manual, proletarians/capitalists, science/illusion, subjectivity/objectivity, etc. In all these contradictory pairs, one of the poles “means” to occupy the whole field; but at the same time, its own meaning and “existence” depends on the virtually excluded pole.

According to Jaulin, the asymmetrical relation portrayed by these pairs is but the starting point of totalitarian movement, its static and temporary position. Its dynamics derives from the “wished for” or prospective inversion of the relation between its two poles. This may happen through the totalitarian pair defining the pre-existing situation, the design of a new one or, more often, through recovery and adaptation of old formulas.

The recovery of the Marxist proletarian/capitalistic contradictory pair or the even older monotheistic chosen/doomed couple by many independence or charismatic movements in the former European colonies as a means of inverting the pre-existing totalitarian field is an instance of the shifts through which the “totalitarian trajectory” reinvents itself. This example also shows the place of ethnocide within the overall totalitarian dynamics as the dialectical alternate to totalitarian inversion.

Such an inexorable and elementary logic, with its ability to migrate to, pervade and finally destroy ever-differing cultural and social worlds, accounts for the endlessly restarted trajectory of totalitarianism’s two-pole field through time and space.

Cultural genocide
The precise definition of "cultural genocide" remains unclear. The term was proposed by lawyer Raphael Lemkin in 1933 as a component to genocide, which he called "vandalism". The drafters of the 1948 Genocide Convention considered the use of the term, but dropped it under strong opposition from western countries, especially the United Kingdom, who feared that too broad a definition of genocide could implicate its activity in its colonies. The legal definition of genocide is left unspecific about the exact nature in which genocide is done only that it is destruction with intent to destroy a racial, religious, ethnic or national group as such.

Article 7 of a 1994 draft of the United Nations Declaration on the Rights of Indigenous Peoples uses the phrase "cultural genocide" but does not define what it means. The complete article reads as follows:
 * Indigenous peoples have the collective and individual right not to be subjected to ethnocide and cultural genocide, including prevention of and redress for:
 * (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
 * (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
 * (c) Any form of population transfer which has the aim or effect of violating or undermining any of their rights;
 * (d) Any form of assimilation or integration by other cultures or ways of life imposed on them by legislative, administrative or other measures;
 * (e) Any form of propaganda directed against them.

This declaration only appeared in a draft. The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007, but only mentions "genocide", not "cultural genocide", although the article is otherwise unchanged.

Articles

 * The Genocide in Darfur is Not What It Seems Christian Science Monitor
 * (in Spanish) Aizenstatd, Najman Alexander. "Origen y Evolución del Concepto de Genocidio". Vol. 25 Revista de Derecho de la Universidad Francisco Marroquín 11 (2007). ISSN 1562-2576

Books



 * , report by Minority Rights Group International, 2006

Overviews

 * Institute for the Study of Genocide/International Association of Genocide Scholars
 * Genocide Intervention Network
 * OneWorld Perspectives Magazine: Preventing Genocide (April/May 2006)- global human rights and development network looks at genocide from a variety of perspectives
 * Committee on Conscience of the United States Holocaust Memorial Museum; Responding to Threats of Genocide
 * Staff, The Crime of Genocide in Domestic Laws and Penal Codes, Prevent Genocide International
 * Voices of the Holocaust – a learning resource at the British Library
 * Convention on the Prevention and Punishment of the Crime of Genocide at Law-Ref.org – fully indexed and crosslinked with other documents
 * Documents and Resources on War, War Crimes and Genocide
 * International Network of Genocide Scholars (INoGS)
 * Genocide Watch stages of genocide
 * Genocide & Crimes Against Humanity – a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
 * Whitaker Report

Resources

 * Auschwitz Institute for Peace and Reconciliation
 * USA for UNHCR Web site

Research Programs

 * Centre for the Study of Genocide and Mass Violence, Sheffield, United Kingdom
 * Center for Holocaust and Genocide Studies, Amsterdam, the Netherlands
 * Center for Holocaust and Genocide Studies, University of Minnesota
 * Genocide Studies Program, Yale University
 * GenoDynamics: Understanding Genocide Through Time and Space by Christian Davenport (University of Maryland) and Allan Stam (Dartmouth College)
 * Montreal Institute for Genocide Studies, Concordia University
 * Minorities at Risk project at the University of Maryland
 * The Inforce Foundation (International Forensic Centre of Excellence), UK