Cultural Erasure As Genocide: A Legal And Moral Blind Spot In International Law
- IJLLR Journal
- Jun 30
- 2 min read
Mantasha, B.A.LL.B. (Hons.) Jamia Millia Islamia university
“A people without the knowledge of their past history, origin and culture is like a tree without Roots”
- Marcus Garvey
ABSTRACT
The idea of genocide often brings to mind images of mass killings and violence. The concept of genocide, as codified in the 1948 Genocide Convention, focuses primarily on the physical and biological destruction of national, ethnic, racial, or religious groups. But there’s another, quieter form of destruction that doesn’t involve weapons or bloodshed the systematic erasure of a community’s culture, language, and identity. This is what we call cultural genocide or culturicide, and surprisingly, it isn’t officially recognised in international criminal law. However, Rome statute, UNESCO and UNDRIP address some elements of cultural genocide but does not explicitly mention the term cultural genocide. This research paper explores why that is, even though the man who first coined the word "genocide," Raphael Lemkin, saw cultural destruction as a central part of it. The paper looks into how cultural genocide was deliberately removed from the final version of the 1948 Genocide Convention and how this decision has affected international justice ever since. Through real-world examples such as the forced assimilation of Indigenous children in Canada, the destruction of Uyghur culture in China, and the suppression of tribal identities in India this study shows that cultural genocide is very real and ongoing, even if it’s not formally punishable under law. By analysing international treaties, court judgments, and expert opinions, will discuss the gap that has to bridge by the new possible effective reforms in international criminal law. It argues that this gap not only denies justice to affected communities but also fails to protect the rich diversity of human cultures. In conclusion, the paper suggests that it’s time for the international community to rethink the definition of genocide and take cultural destruction seriously before more histories, traditions, and identities are lost forever.
Keywords: cultural genocide, Raphel Lemkin, human rights, culturicide, mass destruction
