
Contents
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I. Introduction I. Introduction
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II. Culture and Genocide Throughout History II. Culture and Genocide Throughout History
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III. The Origin of the Legal Prohibition of Genocide III. The Origin of the Legal Prohibition of Genocide
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A. Raphael Lemkin A. Raphael Lemkin
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B. Axis Rule in Occupied Europe B. Axis Rule in Occupied Europe
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IV. Cultural Genocide in the Travaux Préparatoires of the Genocide Convention IV. Cultural Genocide in the Travaux Préparatoires of the Genocide Convention
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V. The General Assembly and its Sixth Committee V. The General Assembly and its Sixth Committee
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VI. Cultural Genocide in International Law VI. Cultural Genocide in International Law
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A. Cultural Genocide at the International Criminal Tribunal for the Former Yugoslavia (ICTY) A. Cultural Genocide at the International Criminal Tribunal for the Former Yugoslavia (ICTY)
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VII. Conclusion VII. Conclusion
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5 The Concept of Cultural Genocide
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Published:September 2022
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Abstract
The concept of “cultural genocide” was considered for, but eventually dismissed from the text of the Convention on the Prevention and Punishment of the Crime of Genocide (1948). At the heart of the concept of cultural genocide lies the idea that cultural groups may be destroyed by destroying the material expressions or “anchorage” of their culture. This idea tells us something about the critical value that we ascribe to cultural heritage. This chapter scrutinizes this proposed value relation between cultural heritage and cultural groups through an examination of the concept of cultural genocide. The first part of the chapter deals with the values underlying the original concept of cultural genocide, including the idea of the importance of cultural heritage for the surviving of a people. To this aim, the chapter will examine the normative evolution of the concept of cultural genocide from its origins to the 1948 Genocide Convention, including an analysis of the drafting of the Convention and the reason why cultural genocide was left out. The second part of the chapter evaluates how international law, both at its normative and enforcement level, deals with the concept of cultural genocide today—especially in the context of deliberate and systematic targeting and destruction of cultural heritage in armed conflict. Finally, this will be held up against the lack of a systematic account of the effects on cultures of losing the material expressions of their cultural heritage.
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