Raphael Lemkin’s concept of cultural genocide

Abstract

Research on essential principles and history of creating the term “genocide” in international law discourse are especially relevant issues due to the the circumstances of present reality in Ukraine. Considering the fact that Ukraine is in a state of war and its cultural and art objects are subjected to numerous targeted attacks daily, studying the concept of cultural genocide has not only theoretical significance but also brings practical value for Ukraine as a country to take part in any potential international initiatives aimed at the protection of cultural heritage during armed conflicts.
The article examines the concept of cultural genocide through the prism of the scientific heritage of Raphael Lemkin, a lawyer who is behind the international legal doctrine of genocide. His early developments on the criminalization of genocide are considered and the formation of the concept of cultural genocide is outlined in the context of his work «The Rule of the Axis Powers in Europe», which analyzes historical examples of the implementation of cultural genocide mechanisms, in particular the policy of the Third Reich towards the conquered people of Europe.
The work of Raphael Lemkin on the Soviet genocide in Ukraine is being analyzed, where the author finds a pattern between the purposeful use of physical genocide mechanisms to achieve the goal of the cultural decline of the oppressed national group.
The issue of international legal consolidation of cultural genocide is also investigated. The author draws attention to the limited definition of genocide in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which excluded cultural genocide from the list of criminalized acts, leaving only the physical and biological aspects of the destruction of national groups. At the same time, the work demonstrates that cultural genocide remains a relevant problem in modern international law since its commission can have long-term consequences for the national identity of entire peoples.