Did you know? · Law & Justice

Raphael Lemkin advised the US war effort on occupied Europe

From 1942 Raphael Lemkin worked for the US War Department in Washington and advised the Board of Economic Warfare, bringing his expertise on Nazi occupation law to the Allied cause.

Raphael Lemkin
Raphael Lemkin · 1900–1959
Person
Raphael Lemkin
Lived
1900–1959
Field
International law
From
Polish-American

The story

When Raphael Lemkin reached the United States in 1941, he had already lost his country. The Polish Jewish lawyer and former Warsaw prosecutor had fled the German invasion in September 1939 and spent 1940 in Sweden, collecting the decrees the Nazis were issuing in the lands they occupied. With help from his pre-war colleague Malcolm McDermott, a Duke University law professor, he obtained permission to enter the country and joined Duke's law faculty in North Carolina. He brought his collection of documents with him, and the Duke librarian helped him enlarge it.

He did not stay in the classroom for long. In the summer of 1942 he lectured at the School of Military Government at the University of Virginia, teaching from the decrees he had gathered. That summer he moved to Washington, DC, to join the War Department as an analyst. In 1942 he also compiled a reference collection of the key laws, decrees and regulations issued by the Axis in occupied Europe for the Board of Economic Warfare, the agency then headed by Henry Wallace.

In 1943 he became a consultant to the Board of Economic Warfare and its successor, the Foreign Economic Administration, and he later served as a special adviser on foreign affairs to the War Department, largely because of his expertise in international law. The economic work gave him a close view of how Germany was exploiting the countries it controlled, and it sharpened his thinking about what Nazi rule was really for.

During these years he wrote Military Government in Europe, an early version of his major work, and he completed the manuscript of Axis Rule in Occupied Europe in 1941 and 1942. A contract dispute delayed publication until November 1944, when the Carnegie Endowment for International Peace issued it. Lemkin deliberately grounded the book in law rather than wartime propaganda, measuring German practice against the occupation rules of the 1907 Hague Convention and ending with proposals for redress. Its longest part reproduced translations of the decrees themselves, and a chapter titled "Genocide" gave a new name to the pattern they revealed.

The work prepared him for what followed. His idea of genocide as a crime against international law became one of the legal bases of the Nuremberg trials, and in 1945 and 1946 he advised the American chief prosecutor, Supreme Court Justice Robert H. Jackson. A refugee scholar had turned his knowledge of occupation law into a resource that helped the Allies understand, and later prosecute, the crimes of the Nazi regime.

Why it matters

Lemkin's analysis helped American officials understand how Nazi occupation worked, and laid the groundwork for prosecuting its crimes after the war.

About Raphael Lemkin

Polish-Jewish jurist who coined the word “genocide” in 1944 and campaigned almost single-handedly until the United Nations outlawed the crime in 1948.

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Raphael Lemkin
1900–1959 · International law
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Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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