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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.

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