Raphael Lemkin

Infobox Person
name =Raphael Lemkin


image_size =150px
caption =
birth_date =1900
birth_place =Bezwodne, Lithuania
death_date =1959
death_place =New York City, United States
known_for = coining the term genocide and drafting the Convention on the Prevention and Punishment of the Crime of Genocide
occupation = Lawyer
nationality = Polish

Raphael Lemkin (June 24, 1900 – August 28, 1959) was a lawyer of Polish-Jewish descent. Before World War II, Lemkin was interested in the Armenian Genocide and campaigned in the League of Nations to ban what he called "barbarity" and "vandalism". He is best known for his work against genocide, a word he coined in 1943 from the root words "genos" (Greek for family, tribe or race) and "-cide" (Latin for killing). He first used the word in print in "Axis Rule in Occupied Europe: Laws of Occupation - Analysis of Government - Proposals for Redress" (1944).

Early life and education

Lemkin was born Rafał Lemkin in the village of Bezwodne in Imperial Russia, now the Vilkaviškis district of Lithuania. Not much is known of Lemkin's early life. He grew up in a Polish-Jewish family and was one of three children born to Joseph and Bella (Pomerantz) Lemkin. His father was a farmer and his mother a highly intellectual woman who was a painter, linguist, and philosophy student with a large collection of books on literature and history. With his mother as an influence, Lemkin mastered nine languages by the age of 14, including French, Spanish, Hebrew, Yiddish, and Russian.

After graduating from a local trade school in Białystok he began the study of linguistics at the John Casimir University in Lwów. It was there that Lemkin became interested in the concept of the crime, which later evolved into the idea of genocide, which was based mostly on the experience of Assyrians [http://www.europaworld.org/issue40/raphaellemkin22601.htm Raphael Lemkin] - EuropaWorld, 22/6/2001] massacred in Iraq during the 1933 Simele massacre and the Armenian Genocide during World War I. Lemkin then moved on to the University of Heidelberg in Germany to study philosophy, and returned to Lwów to study law in 1926, becoming a prosecutor in Warsaw at graduation.

Working life

From 1929 to 1934, Lemkin was the Public Prosecutor for the district court of Warsaw. In 1930 he was promoted to Deputy Prosecutor in a local court in Brzeżany. While Public Prosecutor, Lemkin was also secretary of the Committee on Codification of the Laws of the Polish Republic, which codified the penal codes of Poland, and taught law at Tachkimoni College in Warsaw. Lemkin, working with Duke University law professor Malcolm McDermott, translated the "The Polish Penal Code of 1932" from Polish to English. McDermott would later provide Lemkin with help in leaving Europe.

In 1933 Lemkin made a presentation to the Legal Council of the League of Nations conference on international criminal law in Madrid, for which he prepared an essay on the "Crime of Barbarity" as a crime against international law. The concept of the crime, which later evolved into the idea of genocide, was based mostly on the experience of Assyrians massacred in Iraq during the 1933 Simele massacre and the Armenian Genocide during World War I. [William Korey, "Raphael Lemkin: 'The Unofficial Man'," "Midstream", June–July 1989, p. 45–48] In 1934 Lemkin, under pressure from the Polish Foreign Minister for comments made at the Madrid conference, resigned his position and became a private solicitor in Warsaw. While in Warsaw Lemkin attended numerous lectures organized by the Free Polish University, including the classes of Stanisław Rappaport and Wacław Makowski.

In 1937, Lemkin was appointed a member of the Polish mission to the 4th Congress on Criminal Law in Paris, where he also introduced the possibility of defending peace through criminal law. Among the most important of his works of that period are a compendium of Polish criminal and taxation law, _pl. "Prawo karne skarbowe" (1938) and a French language work, _fr. "La réglementation des paiements internationaux", regarding international trade law (1939).

World War II

During the Polish Defensive War of 1939 Lemkin joined the Polish Army and defended Warsaw during the siege of that city, where he was injured by a bullet to the hip, afterward evading capture by the Germans. In 1940 he traveled through Lithuania to reach Sweden, where he first lectured at the University of Stockholm. With the help of Malcolm McDermott Lemkin received permission to enter the United States, arriving on the East coast of the United States in 1941.

Although he managed to save his life, he lost 49 relatives in the Holocaust; they were among over 3 million Polish Jews who were annihilated during the Nazi occupation. Some members of his family died in Polish areas annexed by the Soviet Union. The only European members of Lemkin's family who survived the Holocaust were his brother, Elias, and his wife and two sons, who had been sent to a Soviet forced labor camp. Lemkin did however successfully aid his brother and family in emigrating to Montreal, Canada in 1948.

After arriving in the United States Lemkin joined the law faculty at Duke University in North Carolina in 1941. During the Summer of 1942 Lemkin lectured at the School of Military Government at the University of Virginia. He also wrote "Military Government in Europe", which was a preliminary version of his more fully developed publication "Axis Rule in Occupied Europe". In 1943 Lemkin was appointed consultant to the U.S. Board of Economic Warfare and Foreign Economic Administration and later became a special adviser on foreign affairs to the War Department, largely due to his expertise in international law.

In 1944, the Carnegie Endowment for International Peace published Lemkin's most important work, entitled "Axis Rule in Occupied Europe", in the United States. This book included an extensive legal analysis of German rule in countries occupied by Nazi Germany during the course of World War II, along with the definition of the term "genocide". [Raphael Lemkin "Axis Rule in Occupied Europe: Laws of Occupation - Analysis of Government - Proposals for Redress" [http://www.preventgenocide.org/lemkin/AxisRule1944-1.htm Chapter IX: "Genocide a new term and new conception for destruction of nations"] , (Washington, D.C.: Carnegie Endowment for International Peace, 1944), pages 79 - 95] Lemkin's idea of genocide as an offense against international law was widely accepted by the international community and was one of the legal bases of the Nuremberg Trials. In 1945 to 1946, Lemkin became an advisor to Supreme Court of the United States Justice and Nuremberg Trial chief counsel Robert H. Jackson.

Post-War

After the war, Lemkin remained in exile in the United States. From 1948 onward he gave lectures on criminal law at Yale University. Lemkin also continued his campaign for international laws defining and forbidding genocide, which he had championed ever since the Madrid conference of 1933. He proposed a similar ban on crimes against humanity during the Paris Peace Conference of 1945, but his proposal was turned down.

Lemkin presented a draft resolution for a Genocide Convention treaty to a number of countries in an effort to persuade them to sponsor the resolution. With the support of the United States, the resolution was placed before the General Assembly for consideration. The Convention on the Prevention and Punishment of the Crime of Genocide was formally presented and adopted on December 9, 1948. In 1951, Lemkin only partially achieved his goal when the Convention on the Prevention and Punishment of the Crime of Genocide came into force, after the 20th nation had ratified the treaty. This treaty had confined its consideration solely to physical aspects of genocide which The Convention defines as:

:…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as:

:* (a) Killing members of the group;:* (b) Causing serious bodily or mental harm to members of the group;:* (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;:* (d) Imposing measures intended to prevent births within the group;:* (e) Forcibly transferring children of the group to another group.

Lemkin's broader concerns over genocide, as set out in his "Axis Rule in Occupied Europe", [ [http://www.preventgenocide.org/lemkin/AxisRule1944-1.htm Lemkin's own definition] ] also embraced what may be considered as non-physical, namely, psychological acts of genocide which he personally defined as:

:*"Generally 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 destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group."

:*"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 the territory alone, after removal of the population and the colonization by the oppressor's own nationals."

He also outlined his various observed "techniques" [ [http://www.preventgenocide.org/lemkin/AxisRule1944-2.htm Lemkin's Observed Techniques of Genocide] ] on achieving genocide which ranged from:

:* Political:* Social:* Cultural [ Cultural Genocide] [ [http://www.cceia.org/resources/publications/dialogue/2_12/section_1/5139.html Cultural Genocide under International Law] ] :* Economic:* Biological:* Physical:::* Endangering Health::* Mass Killing:* Religious:* Moral

Recognition

For his work on international law and the prevention of war crimes, Lemkin received a number of awards, including the Cuban Grand Cross of the Order of Carlos Manuel de Cespedes in 1950, the Stephen Wise Award of the American Jewish Congress in 1951, and the Cross of Merit of the Federal Republic of Germany in 1955. On the 50th anniversary of the Convention entering into force, Dr. Lemkin was also honored by the UN Secretary-General as "an inspiring example of moral engagement."

Lemkin is the subject of the 2005 play "Lemkin's House" by Catherine Filloux.

Death

Lemkin died of a heart attack at the public relations office of Milton H. Blow in New York City in 1959, at the age of 59. In an ironic final twist for a man whose life was dedicated to the remembrance of millions of victims of genocide, seven people attended his funeral. [A. M. Rosenthal, "A Man Called Lemkin," "New York Times", October 18, 1988, p.A31]

Notes

References

* Lemkin, Raphael and Samantha Power. "Axis Rule In Occupied Europe: Laws Of Occupation, Analysis Of Government, Proposals For Redress". Lawbook Exchange, 2005. ISBN 1-58477-576-9. (Originally published as Lemkin, Raphael. Washington: Carnegie Endowment for International Peace, Division of International Law, 1944.)

Further reading

;Books
*Power, Samantha. "A Problem from Hell: America and the Age of Genocide". Basic Books, 2002 (original hardcover). ISBN 0-465-06150-8. (Chapters 2-5)
*Shaw, Martin, 'What is Genocide?'. Polity Press, 2007. ISBN 0-7456-3183-5. (Chapter 2)

;Articles
* [http://www.ceeol.com/aspx/issuedetails.aspx?issueid=2fe9afee-b2cb-4b5f-a875-7ac04d2f2f39&articleId=f4d6f676-a459-4a77-acac-edabb070627c Raphael Lemkin (1900–1959) - The Polish Lawyer Who Created the Concept of “Genocide”]
* [http://www.facinghistory.org/campus/reslib.nsf/studyguides/Totally%2BUnofficial-%2BRaphael%2BLemkin%2Band%2Bthe%2BGenocide%2BConvention?OpenDocument A Study Guide on Lemkin and his contributions to human rights law and activism by Facing History and Ourselves]
* [http://www.europaworld.org/issue40/raphaellemkin22601.htm Biographical sketch of Raphael Lemkin]
* [http://www.preventgenocide.org/lemkin/ Key writings of Raphael Lemkin on Genocide, 1933–1947]
* [http://www.cjh.org/academic/findingaids/AJHS/nhprc/lemkin02-03.html Guide to the Papers of Raphael Lemkin]
* [http://www.preventgenocide.org/lemkin/madrid1933-english.htm Acts Constituting a General (Transnational) Danger Considered as Offenses Against the Law of Nations (for definitions of "barbarity" and "vandalism")]
* [http://www.hrweb.org/legal/genocide.html Convention on the Prevention and Punishment of the Crime of Genocide]
* [http://www.kernowtgg.co.uk/genpages.html An examination of Cornish Genocide] see Genocide Review