The Current Status of Cultural Genocide Under International Law

Abstract

This writing analyzes the current state of cultural genocide under international law. It juxtaposes the original legal definition of cultural genocide proposed (and rejected) in the 1948 Genocide Convention against the ways that international law treats cultural genocide today. The goal is to consider examples of the different ways that international law now handles cultural genocide in order to compare them to the original conception. To that end, the concept is analyzed in several settings where international law is developed and applied, such as international criminal tribunals, human rights bodies, domestic courts, and UN organs. After a brief review of historical antecedents, acts of cultural destruction that prima facie would meet the original definition are considered through various alternative legal lenses – as descriptive and evidentiary matters, as human rights violations, and as other types of international crimes (notably, war crimes and crimes against humanity). It concludes that, despite some progress, considerable gaps remain. The international community therefore should continue to work toward an international instrument that addresses the true criminality inherent in cultural genocide.

Keywords: cultural genocide, genocide, international criminal law, human rights, UNESCO, war crimes, crimes against humanity

JEL Classification: K33