Genocide by Attrition
III. The International Legal
Framework
Raphael Lemkin, who developed the concept of genocide and was the driving
force behind the adoption of the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide, envisioned a more comprehensive
definition of the “crime of all crimes” than how it is defined in the Convention.
In 1944, he wrote, “The objectives of such a [genocidal] plan would be the
disintegration of the political and social institutions, of culture, language,
national feelings, religion, and the economic existence of national groups,
and the destruction of the personal security, liberty, health, dignity, and even
the lives of the individuals belonging to such groups . . .”242 Most of these
indicators of genocide as a process of attrition were not included in the final
text of the Convention, which required significant diplomatic compromise to
pass.243 Nonetheless, Article 2 of the 1948 Convention, employing more generic
language, listed five qualifying acts, three of which are directly relevant to the
idea of “genocide by attrition,” especially as it relates to the Rohingya case.244
Decades of union- and state-level laws, policies, and practices enabled military
and civilian government officials to identify, control, and persecute Rohingya
in ways that violated elements of Article 2 of the Genocide Convention. These
enumerated crimes include:
(b) Causing serious bodily or mental harm to members of the group; (c)
Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part; [and] (d) Imposing
measures intended to prevent births within the group.245
Fortify Rights, like many other human rights organizations and various U.N.
bodies, have comprehensively documented all three violations, which have
continued over generations.246
242 Raphael Lemkin, Axis Rule in Occupied Europe (Washington: Carnegie Endowment for
International Peace, 1944), p. ix.
243 Kurt Jonassohn with Karin Solveig Bjornson, Genocide and Gross Human Rights Violations in
Comparative Perspective, (New Brunswick: Transaction Publishers 1998).
244 Genocide Convention, Art. II.
245 Ibid.
246 For example, Fortify Rights found “reasonable grounds” to believe that the Myanmar
military, police, and civilian perpetrators committed the crime of genocide against Rohingya
civilians in Rakhine State through at least three criminal acts of genocide: killings, serious
bodily and mental harm, and the infliction of conditions of life calculated to bring about
the physical destruction of the group. Fortify Rights, “They Gave Them Long Swords,” pp.
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