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Raphael Lemkin and the Genocide Convention

2019-03-11 | 🔗

Dr. Raphael Lemkin is often described as the person who coined the term “genocide.” And he did do that – but was also the driving force behind the existence of the U.N. Convention on the Prevention and Punishment of the Crime of Genocide.

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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the rough ale lambkin and you'll see his name spelled a number of different ways he was originally from poland and you'll see him described as the person who coin the term genocide he did do that his contributions went way way beyond just coining a new word he was really the driving force behind the existence of the eu un convention on the prevention and punishment of the crime of genocide this was something that he pursued with a really single minded determination for years a lot the time he had no official backing no funding and not even enough to eat he had support from other people and organisations to get all this but he was the one who did most of the rallying of that support himself usually at the expense of his own health and well being and russia i'm can coined the word genocide in nineteen forty four but of course the practice of genocide maybe as old as humanity one past
the explanation for the extinction of the neanderthals is that they were deliberately and systematically killed by humans in terms of the documented in the historical record one of the earliest events that could be described as genocide took place in four six teen bc ii during the peloponnesian more athens lay siege to the island milos which was neutral but more sympathetic towards sparta when meal surrendered the athenians killed all of the men and sold the women and children into slavery man in many instances of genocide followed after that all over the world elements of european colonization of the americas starting in the sixteenth century and cromwell's conquest of ireland in the seventeenth century that ching dynasties extermination of the younger people in the eighteenth century and the scramble for africa in the nineteenth century have all been described as genocide the idea
that international law should protect minorities and other vulnerable people is also much older than the term genocide in europe that idea goes back at least as far as the peace of westphalia in one thousand six hundred and forty eight among other provisions the peace of westphalia formalize the idea of europe as a collection of sovereign states and outlined freedoms and protections for religious minorities in those states in other words by the time rough abe lincoln was born on june twenty four nineteen hundred genocide had existed for millennia and the idea that international law should protect minorities that idea had existed for centuries the language that we use to describe it today just didn't exist at length was born on a farm outside of on call risk which was then in poland later that became part of russia and it is now in what is belarus the fight
was about forty miles or twenty three kilometers from town in a relatively remote area the farm itself was adjacent to a forest and a lake lambkin was the middle of three there's although his young brother died in nineteen eighteen during the flu pandemic is spent most of his boyhood playing and doing chores on the farm and being caught by his mother bela who was an artist that an intellectual and he was aware of the concept of oppression from a really early age it was illegal for jews to own or live on farms so in addition to paying the rent on the farm raw fails father joseph had to bribe the local police for them to be allowed to stay there he was also aware that this oppression was not just about laws and money in nineteen o six the russian cereal army carried out a pogrom against the jewish community a bialy stock about fifty five miles or ninety kilometers away and at least seventy people were killed and as many as
one hundred injured this awareness of persecution and of peace being harmed by those who might have been charged with helping them continued to grow as raphael got older when he eleven he read the novel quo valdis narrative and i am of nero and one of the themes was nearest persecution of christians in ancient rome he became really fixated on this whole idea and he started learning more and more about similarly violence and oppressive events in history and about the people who were the victims of those events eventually the lambkin family moved into vocal to give raphael and his brother more educational opportunities bela lambkin was described as brilliant but she and her husband wanted their children to have a broader education than she could give them on her own while we were living there rafael continued to have first hand experience with anti semitism and oppression especially after the
an army occupied local risk in nineteen fifteen from the time he was young limb again demonstrated an incredible aptitude for languages we entered the university of heidelberg and evolve he already knew seven of them by the end of his life he would know twelve different languages you decided a major and philology which combines literature history and linguistics i'm very envious of his language skills but you nine hundred twenty one lamkin changed his major to law and san why he did that we actually need to back up for a moment and talk about the armenian genocide although the consensus among historians is that what happened constitutes genocide the governments of turkey and as or by john agree they don't necessarily deny that there were massacres but they maintain that this was simply the unfortunate consequence a brutal and bloody war rather than a planned attempt to exterminate people
the armenian genocide has been on our list for a full episode for a very long time but it is a huge and complex topic who we are sure when exactly that will happen so this is the very basic version armenians our linguistic an ethnic group who live today primarily in armenia but who historically have lived in a much larger region of the caucasus mountains including what's now northeastern turkey azerbaijan and georgia and early twentieth century all of this is part of the ottoman empire nineteen fifteen the ottoman empire massacred an estimated one point five million armenians the armenians were predominantly christian and the ottoman empire was muslim but this was only about religion in the late nineteenth century armenians had started developing a national identity
the ottoman empire viewed this growing sense of an armenian nation as a threat although several of europe's great power saw a need to try to protect the armenian people these efforts had the opposite of the intended effect the ottoman empire crackdown on armenians carrying out a series of programs between one thousand eight hundred and ninety four and one thousand eight hundred and ninety six point it wasn't so much about destroying the armenians as it was about reestablishing the dominance of the ottoman empire in the area but in nineteen o eight members of the young turks movement came to power in the ottoman empire and made a short lived efforts to modernize and to offer some protection to its minority populations but all of that fell away during the balkan wars and world where one especially after the ottoman empire joined the war on the side of the central powers in nineteen fifteen russia defeat the ottoman army at the battle of sarah commish afterwards
armenians became a scapegoat with ottoman officials blaming the law on armenians who had joined the russian side and there were armenians who did side with the russians but this whole thing was used as grounds for violence i am of the armenians as a whole in april of nineteen fifteen million intellectuals and political leaders were rounded up and later executed the next month were marked with a systematic deportation effort concentration camps death marches massacres and sexual violence against women many of the people who survived the direct violence later on died of exhaust in or starved to death these events were known to the international community at the time on may twenty fourth nineteen fifteen france russia and great britain issued a joint declaration which set in part quote for about a month the curd and
fish population of armenia has been massacring armenians with the connivance and offered assistance of ottoman authorities and that statement went on to say quote in view of these new crimes of turkey against humanity and civilization the allied governments announced publicly to the sublime port that they will hold personally responsible for these times all members of the ottoman government and those of their agents who are implicated in such massacres then after the war was over the central power signed the treaty of save which included a provision for determining who had been responsible for the massacre of armenians and to then bringing those people to justice but the news
turkish government that arose after the war rejected that treaty and its one thousand nine hundred and twenty three replacement included no such provision raphael lemkin was about to turn fifteen when all of this started but it was six years later that a connected event really drew his attention to it and changed the focus of his life and we're going to talk about that after we first have a sponsor break the new year is upon us which resolutions do you plan to conquer and twenty twenty become more mindful or create healthier lifestyle through diet exercise and of course improved sleep the sleep number three sixty smart bed helps everyone get the proven quality sleep that will change their life uselessly by cuba to help create a routine the sleep number three sixty smart that is the smartest choice for better sleep and the best bed recover it allows you to adjust on each side of your ideal firmness comfort and support it senses your movements and automatically adjust to keep you sleeping comfortably through the night with sleep i q technology inside the bed it
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on trial the following june and this trial struck lambkin as deeply incongruous till i had not face trial for the massacres in any way international laws governing the rules of war and human rights didn't apply because the massacres were committed by the autumn empire in its own sovereign territory not against another sovereign nations people but delirium whose crime was on a far smaller scale was being tried when discussing this trial in class lincoln noted this discrepancy saying quote it is i am for tolerance a kill a man but it is not a crime for his oppressor to kill more than a million men he also noted the idea of national sovereignty should not give a nation the right to kill its own people with impunity this incident inspired webcam to change his major to law so that he could work toward him international law that would apply to what the armenians had faced he graduated with
after it it love in nineteen twenty six another similar assassination took place in paris that same year and that reinforced lincoln's commitment to advocate for an international law against genocide this time shalom schwartz barred assassinated ukrainian officials they own pet lira who was believed to be responsible for a series of programmes and which starts parts parents had been killed once again an individual person was being tried for a much smaller crime than the ones committed by the person he had killed and the person he had killed was not tried for those crimes at all both delirium sports barred were ultimately acquitted with their defence is focusing on the mental trauma that they had each ben through after gradual eating lamb can move to warsaw and got a position working as a prosecutor here in writing books about international law human rights and genocide although he wasn't yet using that term he wrote
rate of about a book every year in nineteen thirty three
he had the opportunity to make his first real effort at advocating for a law at the international level he was invited to make a presentation at the league of nations conference in madrid the paper that he wrote leading up to this conference included his definitions for two different but related crimes one he called barbarity and this is a crime against people especially acts of extermination because of ethnic religious or social identity the other crime he called vandalism vandalism was a crime against peoples cultural heritage and it included things like the destruction of monuments and the outlawing of native languages he wanted to address both the physical presence of a group that groups very existence and the groups history and spiritual life but after he submitted his paper he got a phone call telling him that he was no longer invited to attend the conference in person and anti semitic newspaper in poland had written a scathing risk
bonds two lambkins paper criticising him for focusing on the protection of jews and not of the polish population as a whole afterward the minister of justice decided that lambkin should not attend the conference and although his paper was discussed without his personally being there it didn't led to any meaningful action in the face of all this criticism level can also had to resign as a prosecutor and he went into private law practice instead a few years later on august 22nd one thousand nine hundred and thirty nine at off hitler gave a speech to his chief commanders at his home in obersalzberg it said in part quote our strength lies in our quickness and in our reality genghis khan has sent millions of women and children into death knowingly and with a light heart history sees in him only the great founder of states as to what weak western european civilization asserts about me that is of no account i have given the
and and i shall shoot everyone who utters one word of criticism for the goal to be obtained in the war is not that of reaching certain lines but of physically demolishing the opponent and so for the present only in the east i have put my death head formations in place with the command relentlessly and without compassion to send into death many women children of polish origin and language only thus can we gain the living space that we need who after all is today speaking about the destruction of the armenians there is some debate about whether the speech included that last sentence because some of the documents recording the speech not included and a primary one that does include it came from an anonymous source but regardless less than two weeks later on september first hitler invaded poland and started carrying out the extermination that he had described in this
at that point raphael lincoln was still living in warsaw and on september sex just ahead of german troops arrival there he tried to escape the city by train but the train i was on was bombed leader him and some of the other survivors to take refuge in the woods p and a few other men travelled together and tried to evade german troops although some of them were killed in another bombing not long afterward over the next two months lemon traveled with a continually changing group of refugees few of them had any provisions with them so they had to forage for food sometimes stealing from crops in the fields or occasionally getting help from sympathetic people that they met as often as he could he encouraged people
with scape based on my comp and other writings lem can knew that hitler was planning and extermination campaign much different from the typical perils of warfare that the people he met often thought that they could survive during these weeks when he was in flight lemnians ultimate goal was to get to lithuania which was at that moment neutral and he thought he could escape from there but he also wanted to get to his parents and try to convince them to go as well he finally got to vauxhall risk by train disguising himself as a russian peasant including trading in his expensive eyeglass frames for a cheaper pair so that they would not race he spent two days with his parents in late one thousand nine hundred and thirty nine but he couldn't convince them to leave lincoln finally got to lithuania in early one thousand nine hundred and forty his week long flight from the germans prompted him to go the idea of going back to being a private lawyer and instead to focus on his work in education and act
we're trying to get the international community to stop such abuses he got in touch with people he knew in sweden and the united states trying to get a visa so he can get to a safer location and continue his work from there you got an appointment teaching law at the university of stockholm and while he was there he worked with the swedish foreign ministry to gather information about human rights abuses in places where sweden had embassies and consulates one of their findings was the germany was distributing rations and occupied territory based on nationality the germans were getting ninety seven percent work rations dutch people were getting ninety five percent with numbers got continually smaller down to greeks who were getting thirty eight percent rations and jews who got twenty percent which was not enough to sustain life by one thousand nine hundred and forty one other parts of the world were becoming more aware of what the nazi regime was doing on august 24th winston churchill gave an address in which he said quote
as his armies advance whole districts are being exterminated scores thousands literally scores of thousands of executions in cold blood are being perpetrated by the german police troops upon the russian patriots who defend their native soil since the mongol invasions of europe in the sixteenth century there has never been methodical merciless butchery on such a scale or approaching such a scale and this is but the beginning famine and pestilence have yet to follow in the bloody rats of hitler's tanks we're in the presence of a crime without a name
that same year limpkin got an appointment teaching law at duke university thanks to his colleague malcolm mcdermott he traveled to the united states by russia and japan arriving in seattle on april 18th one thousand nine hundred and forty one when he got to durham north carolina he was asked to give an address on his very first evening there and part of his topic was hitler's plan evans exterminating entire peoples in the territory that germany was occupied this was the first of many attempts to educate the people around him on what hitler was planning and doing in nineteen forty two lambkin was appointed chief consult to the board of economic warfare in washington dc and his first task there was to educate his colleagues about hitler's planned extermination he also wrote to president franklin d roosevelt in a call for action as he threw himself into this work women's health started to suffer high blood pressure ran in his family but stress and exhaustion were really
making it worse and as we alluded to at the top of the episode lem can finally coined the term genocide in nineteen forty four and we're gonna talk about that after we have a little sponsor break apart i cleared out my whole data lisa car the whole day yeah first we need to study i have some flashcards here too old releasing vocabulary sequoias me price costs money factors disposition is you do not need to know all this to leave a car but i gotta negotiate a good deal look yes it's the roadmap you go through and take the car you want then they give you a tailor price is crystal clear i've already plied discounts negotiated a low rate and included all taxes and east then they deliver car to your house both but what about the acquisition yes ryan them to do you even know what an acquisition fee is no but i think it's on the next card there
welcome to the future of car leasing with the road map you can choose from hundreds of cars right in your area we give you crystal we're pricing that includes discounts taxes in fees and once you decide what cartilage will even drive it right to your house it's easy it's clear its roto in nineteen forty four raphael lipkin published the seven hundred twelve page book access rule in occupied europe was of occupation analysis of government proposals for redress this book doc two conditions in europe and finally named the crime that roosevelt head reference than that one thousand nine hundred and forty one address we read from earlier limpkin wrote quote by genocide we mean the destruction of a nation or an ethnic group
this new word coined by the author to denote an old practice and its modern development is made from the ancient greek word genoese race tribe and the latin side killing he went on to explain quote really speaking genocide does not necessarily mean the immediate destruction of a nation except when accomplished by mass killings of all members of a nation it is intended rather to signify a coordinated plan of different actions aiming at the door direction of essential foundations of the life of national groups the aim of annihilating the groups themselves genocide it is directed against the national group as an entity and the actions in view
after directed against individuals not in their individual capacity but as members of the national group we also explain how genocide happens this way quote 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 this imposition in turn may be made upon the oppressed population which is allowed to remain or upon it oratory alone after removal of the population and the colonization of the area by the oppressors own nationals by this point lambkin it started working as an adviser to u s supreme court justice robert jackson after world war two jackson was the u s chief prosecutor at the nuremberg trials and limb canada i saw him in that role as well genocide was included in the indictments at nuremberg but to lamkins disappointment not in the final judgment the judgment itself also pertain to
the actions that happened during wartime not to atrocities the jury many had carried out before the war officially began on top of that disappointment while he was in nuremberg for the trials limp get learned but merely his entire family had been killed by nazis including his parents at least forty nine of his relatives were killed with only his brother and his brothers family surviving not long after the end of the nuremberg trials lambkin started turning to introduce a resolution on genocide at the united nations he went to the u n to quote her into an international treaty which would formulate genocide as an international crime providing for its prevention and punishment in time of peace and war in this required multiple steps so first needed to convince multiple nations to support a resolution com for the united nations to draft a convention on genocide he did this in nineteen forty six
drafting the resolution and personally meeting with delegates to encourage them to sign obviously through this entire process his amazing fluency with languages was extremely helpful panama cuba and india agreed to sponsor the resolution which general assembly adopted on december 11th one thousand nine hundred and forty six it read in part quote genocide is the denial of the right of existence to entire human groups as homicide is the denial of the right to live of individual human beings such denial of the right to existence shocks the conscience of mankind resulting great losses to humanity in the form of cultural and other contributions represented by their screws and is contrary to moral law and the spirit and aims of the united nations the resolution went on to affirm that genocide is a crime which the civilised world condemns
via the member states to enact legislation to prevent and punish genocide it recommended internet no cooperation and requested the economic and social council to do the necessary research to draw up a convention for the next general assembly a u n revolution isn't binding so the next step was to draft a convention which is a formal agreement among you in member states in other words that the treaty the u n sector harry general appointed lambkins draft this convention lincoln had gotten a job teaching at yale and he took a leave of absence to do it all read on adieu devalue of france the former judge the international military tribunals and very patchy and be pillar of romania president of the international association of penal law were part of the drafting process as well the process of draft this convention was a long series of back and forth and compromises sometimes because
disagreements among these three men and sometimes because of lobbying by the nations that would all but we need to ratify it the treaty was not right pro active but a number of you at member states had on on issues that might be described as genocide for example lambkin thought the convention should apply to political groups but if it did would not have the support of the ussr which had been carrying out systematic political persecution for decades the united states it was also concerned about the idea of cultural genocide as it might relate to black americans even though this was during the civil rights movement and racist violence was ongoing it seems unlikely potentially that the u s would be charged with trying to exterminate people of africa descent given that their population with increase
rather than decreasing but the idea of cultural genocide was another matter entirely so the united states was not likely to support the convention if it included cultural genocide and as a side note in nineteen fifty one the civil rights congress presented a two hundred plus page paper titled we charge genocide crime of government against the negro people which did argue the u s government had committed genocide but that didn't go anywhere there are also allegations that lemken himself was dismissive of this argument but neither the paper nor their response he purportedly gave our among his personal documents this negotiation wasn't about removing language that one or more of the nation's was weary of or wouldn't agree too there are also some definitions that some nations wanted to have added
but were not added into the final document as one example japan had distributed opium during its occupation of china so china wanted narcotics distribution to be included as a component of genocide as this was how financial support for the convention was growing outside of the u n the national council of christians and jews had established a committee for an international genocide convention with lambkin its strategies in september of nineteen forty eight the committee submitted a petition to the u n which had signatures from one hundred sixty six non government organizations which represented about two hundred million people from twenty eight nations the end result the bottle of this negotiation was the convention on the prevention and punishment of the crime of genocide which was unanimously approved on december ninth one thousand nine hundred and forty eight as was the case with the earlier resolution limpkin had
visually met with numerous delegates to explain the need for the convention and to encourage them to approve it article one the contracting parties firm that genocide whether committed in time of peace or in time of war is a crime or international law which they undertake to prevent and to punish article two and the present convention genocide means any of the following acts committed with intent to destroy in whole or in part a national ethnic or racial or religious group as such a killing members of the group be causing serious bodily or mental harm some of the group see deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part de impose the measures intended to prevent births within the group e forcibly transferring children of the group to another group article three
the following axe shall be punishable aid genocide be conspiracy to commit genocide see direct and public incitement to commit genocide de attempt to commit genocide and e complicity in genocide article four persons committing genocide or any of the other acts enumerated in article three shall be punished whether they are constitutionally responsible rulers public officials or private individuals from there the convention goes on to call on nations to enact their own legislation related to genocide it calls for persons charged with genocide to be tried in the territory where the act took place or by an international tribunal later articles included number of definitions and procedures lambkin describe some of these later articles as trojan horses leaves were things that you thought weekend the overall convention and put it at risk of total failure
article fourteen gave it a ten year duration followed by five year renewals article fifteen rendered the convention no and void if at any time there were fewer than sixteen nations that were party to it an article sixteen allowed nations to request revision somebody deciding what to do about that request lambkin later said that he would really regretted allowing these really regretted allowing these to be included in the final document but was not that he also was not sure it the convention could have made it through another fight about them two days after the unanimous vote on the convention twenty two nations signed it signalling their intent for each of their governments to ratify the treaty not long after that lambkin was hospitalized although doctors never gave him a formal diagnosis he called it genocide idas and attributed it to his exhaustion from having worked so hard on the convention and on getting it
hast as soon as he was out of the hospital though he was back at work lobbying nations to ratify the convention and this was an ongoing pattern for the rest of his life with cycles of work and advocacy followed by hospitalizations and sir the genocide convention came into force on january 12th one thousand nine hundred and fifty one which limpkin described as quotes a day of triumph for mankind and the most beautiful day of my but even then he used though has been fighting for it later on in the nineteen fifty is there was a push to create an international criminal court and part of this discussion involved abolishing the genocide convention and folding the prosecution of genocide up under the court lincoln once again stopped as other work and lobbied for the genocide convention to remain in place but cold war ultimately derailed this whole plan and the international criminal court was established much later for much of the time i'm working on
the genocide convention lambkin had been acting as a private citizen once the treaty was drafted he had no effect your backing any had no funding he frequently went hungry and that contained you'd later in his life after the convention had come into effect he continued to teach and to write books including in autobiography but if he wasn't teaching was trying to live off a hundred dollars a month from the jewish labour committee small amount of money he had been granted by the conference on jewish material claims against germany he was nominated for the nobel peace prize more than once for all of us but it was never awarded to him on twenty eight nineteen fifty nine lincoln died of a heart attack be glad that a bus he was either on the way to or from a publishers office to talk about the autobiography that he had been writing the american jewish committee paid for his burial and only seven people attended his graveside service
had spent the last years of his life living in the u s but he didn't live long enough to see the u s ratify the genocide convention although the u dot s was one of the first twenty two signatories the ratification didn't happen until november 25th one thousand nine hundred and eighty eight and another thing that did not live to see is that in the years after this convention came into effect it really hasn't had the impact that he hopes that it would very clearly sincerely believe that an international law is the only way to both prevent genocide and punish the people responsible for it but i don't believe listens you are our pod casts a lot you have heard us talk about a lot of things that have happened in the years since then that fit under various definitions that we read from the treaty or leader in twenty eight team in recognition of the seventieth anniversary of the genocide convention you and secretary general antonio
terrorist said quote since november we have failed to prevent genocide in cambodia rwanda and srebrenica in the former yugoslavia but in the past two decades we have at least started to hold a perpetrators to account the international criminal tribunal for the former yugoslavia the international criminal tribunal for rwanda and the extraordinary chambers in the courts of cambodia have all convicted perpetrators for the crime of genocide the work of these courts reflects a welcome resolved punish genocide he went on to note that as of january twenty eighteen there were still forty five you at member states that had not yet become a party to the genocide convention and urge them to do so to end on a more hopeful note like i said earlier raphael lambkin was just unshakeable certain during his lifetime but an intern
no law was what was needed to address this crime and so do end with a quote from introduction to his autobiography which is called totally unofficial quote i feel grateful too providence we're having chosen me as a messenger boy for this lifesaving idea do you have some listener male as well i do and it is a lot more uplifting than what we have just about this is for a mark mark says good afternoon ladies as mark i don't usually red people surnames on the podcast because of privacy but it becomes obvious name is mark duma the a in his name has middle name stands for alexander i'm a direct descendants of general duma thank you for the awesome podcast i'm a long time listener but a first time writer about my family two things i dont know if you have seen the youtube video of the french government moving the body of alexander do my pay
to the pantheon it's pretty amazing seconds from general due more to my generation there has been a dilemma in uniform in every generation either for france or for the u s all of us have been black we have served in every major campaign from the civil war to the war on terror and then he goes on to list how he served his foot their served in world war two grandfather world where one taking back all the way to the fifty fourth massachusetts rough regiment which we have a previous podcast on and then that particular member of his family mark goes on to say quote his father was alexander duma feasts and here we are keep up the good work mark thank you so much mark for this awesome letter we dont off get letters from people who are directly descended from the people that we talk about on the podcast he sent this after the episode came out on
toma alexander duma which he had not yet had the opportunity to hear us talk about that of moving alexander de la pairs body so thank you again marked from sending us this awesome email if you would like to write to us about this or any other pod cassowary history podcast at helstone we start com and were also all over social media missed in history and that is where you ll find her facebook pinterest instagram and twitter you can come to our website which is most in history that combine show notes while the upset holly may have worked together the most notable archive of all of our episodes and you can subscribe to our shadow on apple five gas the iheart radio and wherever else get your vodka for more on this and thousands of other topics visit housetop works dot com class welcome to car leasing one o one first take
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Transcript generated on 2020-01-14.