rfmcdonald: (Default)
[personal profile] rfmcdonald
He makes a very important point.

The issue of genocide is one that has suffered from a severe narrowing of Raphael Lemkin’s original conceptions and constricted interpretations of the already watered down and politically deformed Genocide Treaty. At the heart of the matter is the claim that instances where deliberate state actions which directly lead to the death of hundreds of thousands of people belonging to racialized ethnic groups are not genocide because the element of “intent” is missing. In the case of the USSR this has led to Arseny Roginsky one of the founders of Memorial in Moscow to remark with regards to Stalinist terror that there are only victims and no crimes. The mass deaths caused by Stalin's deportation of whole nationalities are thus portrayed as purely accidental with no moral or legal responsibility accruing to the Soviet government for causing what were the inevitable consequences of their deliberate actions. Of course intent in such cases is always interpreted in an extremely narrow manner which makes it a synonym for motive or goal. That is the primary purpose of an action must be the extermination of a targeted group and that actions which inevitably have the effect of killing off large portions of specific nationalities undertaken for other reasons thus do not constitute genocide. This interpretation of the word intent is very different from the meaning of the word in Anglo-American common law. Under this definition it is not necessary for death to be the sole object of an action for it to be intentional. Rather it is only necessary for death to be the foreseeable consequence of a voluntary action for it to legally count as intentional. It is quite obvious that moving an entire national population numbering hundreds of thousands of people and consisting mostly of children, the elderly and the disabled in the middle of war time to desolate deserts and frozen taiga will result in a large percentage of them dying. This is exactly what happened during World War Two with the various nationalities deported by Stalin.
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