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United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities
July 2, 1985

United Nations Economic and Social Council Commission on Human Rights

Sub-Commission on Prevention of Discrimination and Protection of Minorities Thirty-eighth session

Item 4 of the provisional agenda

E/CN.4/Sub.2/1985/6 — 2 July 1985

Review of further developments in fields with which the sub-commission has been concerned

Revised and updated report on the question of the prevention and punishment of the crime of genocide Prepared by Mr. B. Whitaker

Paragraph 24 and its footnotes:

24. Toynbee stated that the distinguishing characteristics of the twentieth century in evolving the development of genocide "are that it is committed in cold blood by the deliberate fiat of holders of despotic political power, and that the perpetrators of genocide employ all the resources of present-day technology and organization to make their planned massacres systematic and complete"11.  The Nazi aberration has unfortunately not been the only case of genocide in the twentieth century. Among other examples which can be cited as qualifying are the German massacre of Hereros in 1904,12 the Ottoman massacre of Armenians in 1915-1916,13 the Ukrainian pogrom of Jews in 1919,14 the Tutsi massacre of Hutu in Burundi in 1965 and 1972,15 the Paraguayan massacre of Ache Indians prior to 1974,16 the Khmer Rouge massacre in Kampuchea between 1975 and 1978,17 and the contemporary Iranian killings of Baha'is.18  Apartheid is considered separately in paragraphs 43-46 below.  A number of other cases may be suggested.  It could seem pedantic to argue that some terrible mass-killings are legalistically not genocide, but on the other hand it could be counter-productive to devalue genocide through over-diluting its definition.
 
11. Arnold Toynee, Experiences (London, Oxford University Press, 1969).

12. General von Trogha issued an extermination order; water-holes were poisoned and the African peace emissaries were shot. In all, three quarters of the Herero Africans were killed by the Germans then colonizing present-day Namibia, and the Hereros were reduced from 80,000 to some 15,000 starving refugees. See P. Fraenk, The Namibians (London, Minority Rights Group, 1985).

13. At least 1 million, and possibly well over half of the Armenian population, are reliably estimated to have been killed or death marched by independent authorities and eye-witnesses. This is corroborated by reports in United States, German and British archives and of contemporary diplomats in the Ottoman Empire, including those of its ally Germany. The German Ambassador, Wangenheim, for example, on 7 July 1915 wrote "the government is indeed pursuing its goal of exterminating the Armenian race in the Ottoman Empire" (Wilhelmstrasse archives). Though the successor Turkish Government helped to institute trials of a few of those responsible for the massacres at which they were found guilty, the present official Turkish contention is that genocide did not take place although there were many casualties and dispersals in the fighting, and that all the evidence to the contrary is forged. See, inter alia, Viscount Bryce and A. Toynbee, The Treatment of Armenians in the Ottoman Empire 1915-16 (London, HMSO, 1916): G. Chaliand and Y. Ternon, Genocide des Armeniens (Brussels, Complexe, 1980); H. Morgenthau, Ambassador Morgenthau's Story (New York, Doubleday, 1918); J. Lepsius, Deutschland und Armenien (Potsdam, 1921: shortly to be published in French by Fayard, Paris); R.G. Hovanissian, Armenia on the Road to Independence (Berkeley, University of California, 1967); Permanent People's Tribunal, A Crime of Silence (London, Zed Press, 1985); K. Gurun, Le Dossier Armenien (Ankara, Turkish Historical society, 1983); B. Simsir and others, Armenians in the Ottoman Empire (Istanbul, Bogazici University Press, 1984); T. Ataov, A Brief Glance at the "Armenian Question" (Ankara, University Press, 1984); V. Goekjian, The Turks before the Court of History (New Jersey, Rosekeer Press, 1984); Commission of the Churches on International Affairs, Armenia, the Continuing Tragedy (Geneva, World Council of Churches, 1984); Foreign Policy Institute, The Armenian Issue (Ankara, F.P.I., 1982).

14. Between 100,000 - 250,000 Jews were killed in 2,000 pogroms by Whites, Cossacks and Ukrainian nationalists. See Z. Katz ed., Handbook of Major Soviet Nationalities (New York, Free Press, 1975), p.362; A. Sachar, A History of the Jews (New York, Knopf, 1967).

15. The Tutsi minority government first liquidated the Hutu leadership in 1965, and then slaughtered between 100,000 and 300,000 Hutu in 1972. See Rene Lemarchand, Selective Genocide in Burundi (London, Minority Rights Group, 1974) and Leo Kuper, The Pity of it All (London, Duckworth, 1977).

16. In 1974 the International League for the Rights of Man together with the Inter-American Association for Democracy and Freedom, charging the Government of Paraguay with complicity in genocide against the Ache (Guayaki Indians), alleged that the latter had been enslaved, tortured and massacred; that food and medicine had been denied them; and their children removed and sold. See Norman Lewis and others in Richard Arens ed., Genocide in Paraguay (Philadelphia, Temple University Press, 1976); and R. Arens "The Ache of Paraguay" in J. Porter, Genocide and Human Rights (op.cit.).

17. It is estimated that at least 2 million people were killed by Pol Pot's Kher Rouge government of Democratic Kampuchea, out of a total population of 7 million. Even under the most restricted definition, this constituted genocide, since the victims included target groups such as the Chams (an Islamic minority) and the Buddhist monks. See Izvestia, 2 November 1978; F. Ponchaud, Cambodia Year Zero (London, Penguin Books, 1978); W. Shawcross, Sideshow; Kissinger, Nixon and the Destruction of Cambodia (New York, Simon and Schuster, 1979); V. Can and others, Kampuchea Dossier: The Dark Years (Hanoi, Viet Nam Courier, 1979); D. Hawk, The Cambodia Documentation Commission (New York, Columbia University, 1983); L. Kuper, International Action against Genocide (London, Minority Rights Group, 1984).

18. See evidence presented to United Nations Human Rights Commission and Sub-Commission, 1981-1984, and R. Cooper, The Baha'is of Iran (London, Minority Rights Group, 1985).

 

 

 

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