60 years after the UN Convention - Dag Hammarskjöld Foundation
60 years after the UN Convention - Dag Hammarskjöld Foundation
60 years after the UN Convention - Dag Hammarskjöld Foundation
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Colonialism and genocide –<br />
Raphael Lemkin’s concept of<br />
genocide and its application to<br />
European rule in Africa<br />
Dominik J. Schaller<br />
Every nation’s paramount contribution is through its culture.<br />
The world at large can be compared to a concerto in which<br />
every nation brings in <strong>the</strong> tone of its own instrument. It is<br />
<strong>the</strong> harmony and <strong>the</strong> interplay of individual musical tonations<br />
which make <strong>the</strong> beauty of <strong>the</strong> concert. Try to destroy an instrument<br />
in <strong>the</strong> midst of a concert and you will sense <strong>the</strong> result of your actions<br />
with shudder.<br />
Raphael Lemkin 1<br />
On 9 December 1948 <strong>the</strong> United Nations General Assembly adopted<br />
<strong>the</strong> ‘<strong>Convention</strong> on <strong>the</strong> Prevention and Punishment of <strong>the</strong> Crime of<br />
Genocide’. The celebration of this milestone in international law <strong>60</strong><br />
<strong>years</strong> later coincided with <strong>the</strong> decision by <strong>the</strong> Chief Prosecutor at <strong>the</strong><br />
International Criminal Court (ICC) to charge <strong>the</strong> Sudanese president<br />
Omar Hassan al-Bashir with war crimes, crimes against humanities<br />
and most notably genocide. In his application for a warrant of arrest<br />
for al-Bashir, Luis Moreno-Ocampo made clear that <strong>the</strong> Sudanese<br />
leader has to be identifi ed as <strong>the</strong> ‘mastermind’ behind <strong>the</strong> killings in<br />
Darfur: ‘The evidence establishes reasonable grounds to believe that<br />
al-Bashir intends to destroy in substantial part <strong>the</strong> Fur, Masalit and<br />
Zaghawa ethnic groups as such. Forces and agents controlled by al-<br />
Bashir attacked civilians in towns and villages inhabited by <strong>the</strong> target<br />
groups, committing killings, rapes and torture, and destroying means<br />
of livelihood. Al-Bashir has thus forced <strong>the</strong> displacement of a substantial<br />
part of <strong>the</strong> target groups and attacked <strong>the</strong>m in <strong>the</strong> camps for internally<br />
displaced persons, causing serious and bodily harm – through<br />
rapes, tortures and forced displacement in traumatizing conditions –<br />
1 The quote is from an unpublished and undated manuscript entitled ‘International<br />
collective responsibility for <strong>the</strong> survival of national, racial, religious, and ethnical<br />
groups’. Jacob Rader Marcus Center of <strong>the</strong> American Jewish Archives, Hebrew Union<br />
College, Cincinnati, Raphael Lemkin Papers, Box 7, Folder, p. 4.