Did you know? · Law & Justice

Raphael Lemkin asked why mass murderers went unpunished

As a young student, Raphael Lemkin challenged the idea that state sovereignty let governments kill their own people, replying to his professor: "But the Armenians are not chickens."

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

The story

Raphael Lemkin was born on 24 June 1900 in the village of Bezwodne, then in the Grodno province of the Russian Empire and today in Belarus. He grew up in a Polish Jewish family on a farm near Wolkowysk, where his mother, a painter and linguist with a large library, schooled him and his brothers at home. From childhood he was fascinated by the history of persecution. He questioned his mother about the sack of Carthage, the Mongol invasions and the persecution of the Huguenots, and at 12 he was gripped by the scene in Henryk Sienkiewicz's novel Quo Vadis in which Nero throws Christians to the lions.

The First World War brought violence to his own door. Fighting between Russian and German troops destroyed the family home, soldiers seized their crops and animals, and his brother Samuel died of pneumonia and malnutrition while the family sheltered in a forest. Lemkin came to see the suffering of the Jews of eastern Poland as part of a much larger pattern of cruelty against groups stretching back through history.

As a young student he learned of the Ottoman Empire's destruction of the Armenians during that war, and he was deeply disturbed that no international law existed to charge and punish those who organised it. In 1921 he read about the Berlin trial of Soghomon Tehlirian, an Armenian whose family had been killed in the genocide and who had shot Talaat Pasha, its chief architect. A German court acquitted Tehlirian. Lemkin asked his professor, Juliusz Makarewicz, why Talaat himself could not have been put on trial for his crimes.

The professor answered that state sovereignty allowed governments to run their internal affairs as they saw fit, comparing the situation to a farmer who kills his own chickens: if anyone interferes, they are trespassing. Lemkin replied, "But the Armenians are not chickens." He concluded that sovereignty "cannot be conceived as the right to kill millions of innocent people".

That exchange set the course of his life. He studied philosophy at Heidelberg, returned to Lwów to study law in 1926, and became a prosecutor in Warsaw. In 1933 he proposed to an international conference in Madrid that the destruction of groups be made a crime. In 1944 he coined the word "genocide", and in 1948 the United Nations adopted the convention he had fought for. The question a student once put to his teacher is now answered in international law: no government has the right to destroy a people.

Why it matters

Lemkin's refusal to accept that governments could murder their own people with impunity became the moral foundation of modern international criminal law.

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.

Read the full profile
Raphael Lemkin
1900–1959 · International law
View profile →

More about Raphael Lemkin

Sources

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.

More in Law & Justice

On kindness & the treatment of others
“A friend is devoted at all times; a brother is born to share adversity.”
Proverbs 17:17