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Raphael Lemkin got "genocide" into the Nuremberg indictment

Advising US chief prosecutor Robert H. Jackson in 1945–1946, Raphael Lemkin succeeded in having the new word "genocide" included in the indictment of the Nazi leaders at Nuremberg.

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

The story

When the Second World War ended, the Allies prepared to put the surviving leaders of Nazi Germany on trial before an International Military Tribunal at Nuremberg. Raphael Lemkin, a Polish Jewish lawyer who had escaped to the United States, was well placed to help. He had spent the war documenting the laws of Nazi occupation, and in his 1944 book Axis Rule in Occupied Europe, published by the Carnegie Endowment for International Peace, he had introduced the word "genocide" for the deliberate destruction of national, ethnic and religious groups.

From 1945 to 1946 Lemkin served as an adviser to Robert H. Jackson, the US Supreme Court justice who was chief American prosecutor at Nuremberg. Working with the team preparing the trials, he succeeded in having the new term included in the indictment against the Nazi leadership. His idea of genocide as an offence against international law became one of the legal bases of the trials.

Nuremberg also brought him personal grief. While he was there, Lemkin learned that 49 members of his family, including his parents, had been murdered in killing centres and concentration camps, in the Warsaw ghetto and on death marches.

The outcome left him dissatisfied. Genocide was not yet a crime in any international law, and the Nuremberg verdict covered crimes against groups only when they were committed in connection with an aggressive war. Attacks on groups in peacetime fell outside its reach. Lemkin saw this as a reason the trials could not do complete justice for Nazi crimes against racial, ethnic and religious groups, and it convinced him that a separate international treaty was needed.

He returned from Europe determined to see genocide added to international law and began lobbying at the early sessions of the United Nations. In 1946 the General Assembly recognised genocide as a crime under international law, and on 9 December 1948 it adopted the Genocide Convention, making genocide a crime in its own right rather than an offence tied to aggressive war. The word Lemkin brought into the courtroom at Nuremberg had become a permanent part of international justice.

Why it matters

Bringing "genocide" into the Nuremberg indictment gave the crime its first footing in international justice and set the stage for the Genocide Convention.

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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