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Genocide Part I
Research Notes from Warch Churchill's "Indians Are Us?:Culture
and Genocide in Native North America" and other Sources
Indicated
1."The fact that domestic law does not punish an act which is
an international crime does not free the perpetrator of
such crime from responsibility under international law."
(International Law Commission, Report of Principles,
UN Doc A/1706, Dec. 13, 1950)
2. The term "genocide" was coined by the Polish Jurist Raphael
Lemkin in 1944 from the Greek "genos" ("race or tribe") and
the Latin "cide" (killing). Lemkin meant not only mass murder
in his broad definition (later adopted in the U.N. Convention
on Genocide which the US refused to sign for over 40 years)
Lemkin wrote:
"Generally speaking, genocide does not necessarily mean
the immediate destruction of a nation, except when
accomplished by mass killing of all the members of a nation.
It is intended rather to signify a coordinated plan of
different actions aimed at the destruction of the essential
foundations of the life of national groups, with the aim of
annihilating the groups themselves. The objective 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 personal security, liberty, health,
dignity, and the lives of individuals belonging to such
groups. Genocide is the destruction of the national group as
an entity, and the actions involved are directed against
individuals, not in their individual capacity but as members
of the national group." (Raphael Lemkin, "Axis Rule in
Occupied Europe" Concord, NH, Carnegie Endowment for
International Peace/Rumford Press, 1944, p.79 quoted in
Churchill p. 13)
3. "Lemkin observes that '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.'(Ibid.)Clearly the latter imposition could not
occur if all or even most members of the oppressed group
have to be killed in order for a defined 'genocide' to
have transpired." (Churchill Ibid. p.13)
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