Perspectives on Cultural Genocide

Cultural genocide broadly refers to ‘the extermination of a culture that does not involve physical extermination of its people’. This chapter examines how, from a criminal law concept, cultural genocide has moved to a concept aimed at protecting cultural diversity. This chapter in Section II will first examine how and why the crime was rejected under international criminal law. Based on this analysis, it will then examine how human rights law, which was meant to address the issue of cultural protection of minorities, has in fact left this area of the law undeveloped. Section III will then assess to what extent the notion of cultural genocide can act as an important tool for conflict prevention when minorities’ cultural assets are under attack. Finally, Section IV will explore how the indigenous peoples’ rights movement has renewed the idea that prohibiting cultural genocide constitutes an essential elements of human rights law.