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 understanding the crime of genocide. It uses Raphael Lemkins personal papers, archival materials, and secondary literature to show that the drafters of the convention brought strong culturalist ideas to the debate and that Lemkins ideas were widely held in the immediate postwar period. It challenges the materialist interpretation and calls into question decades of international case law, making it of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.

Format: Paperback / softback
Length: 276 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This book offers a critical examination of the dominant physical and biological understanding of the Genocide Convention, contending that the concept of culture plays a vital role in comprehending the crime of genocide. By utilizing personal papers of Raphael Lemkin, archival materials from the State Department and the United Nations, as well as secondary literature from the mid-century, the author establishes a contextual framework for analyzing the convention within the ongoing debate between Enlightenment notions of universality and individualism and Romantic notions of particularism and holism. Through a comprehensive review of the treaty and its preparatory work, the author demonstrates that the drafters of the convention embraced strong culturalist ideas and that Lemkin's ideas were widely accepted in the immediate postwar period. By reconstructing the mid-century conversation on genocide and situating it within the broader mid-century discourse on justice and society, the author argues that culture is not a mere distraction to be read out of the Genocide Convention but rather the very reason for its existence. This volume poses a significant challenge to the materialist interpretation and raises important questions about decades of international case law. It will appeal to scholars engaged in the study of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.

Weight: 510g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367528171