2018
DOI: 10.2139/ssrn.3287134
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The Current Status of Cultural Genocide Under International Law

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“…The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups….Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. (Lemkin, 1944, p. 79; see also Nersessian, on cultural ethnocide).The authoritative definition, however, is provided by the 1948 United Nations Convention on Genocide, which Australia ratified in 1949 and which declares:
[G]enocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; [and] (e) forcibly transferring children of the group to another group. (Charny 2:578)
This definition is not a matter of either jargon or ideological overkill; it is the basic, accepted meaning now operative in international law (United Nations Convention, p. 6457; Brantlinger, , p. 657).…”
Section: Expropriation Genocide and Rise Of Settler Landsmentioning
confidence: 99%
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“…The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups….Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. (Lemkin, 1944, p. 79; see also Nersessian, on cultural ethnocide).The authoritative definition, however, is provided by the 1948 United Nations Convention on Genocide, which Australia ratified in 1949 and which declares:
[G]enocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; [and] (e) forcibly transferring children of the group to another group. (Charny 2:578)
This definition is not a matter of either jargon or ideological overkill; it is the basic, accepted meaning now operative in international law (United Nations Convention, p. 6457; Brantlinger, , p. 657).…”
Section: Expropriation Genocide and Rise Of Settler Landsmentioning
confidence: 99%
“…Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. (Lemkin, 1944, p. 79; see also Nersessian, on cultural ethnocide).…”
Section: Expropriation Genocide and Rise Of Settler Landsmentioning
confidence: 99%