Abstract
The concept of cultural genocide has been abrogated from the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The article elaborates on the concept of cultural genocide, its development, and its exclusion from the Genocide Convention and claims for its reconsideration in the discourse on genocide. It uses the Uyghurs' case study to exemplify how the prohibition on cultural genocide against ethnic groups can become a soft law norm through states' practice and legal instruments of international law that support the concept of cultural genocide. The article concludes with the legal and political merits of the prohibition on cultural genocide as a soft law norm. It focuses on how this process can promote the fight against genocide - particularly in the case of powerful states in the international arena, such as China.
| Original language | English |
|---|---|
| Pages (from-to) | 76-109 |
| Number of pages | 34 |
| Journal | International Journal on Minority and Group Rights |
| Volume | 30 |
| Issue number | 1 |
| DOIs | |
| State | Published - 2022 |
| Externally published | Yes |
Bibliographical note
Publisher Copyright:© 2022 Brill Academic Publishers. All rights reserved.
Keywords
- Crimes against humanity
- Cultural genocide
- International criminal law
- Soft law
- The People's Republic of China
- Uyghur
