Raphael Lemkin’s conception of genocide and background of its emergence

The article is devoted to the study of the concept of genocide proposed by Raphael Lemkin and its evolution in international law. R. Lemkin – the author of the term «genocide» – developed a broad concept of this crime, which included not only the physical elimination of the national, ethnic or social groups but also the destruction of their language, culture, social structure and economic base. However, after the adoption of the UN Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the legal definition of genocide was significantly narrowed. The article analyses R. Lemkin’s views on defining the scope of what can be considered genocidal acts, in particular, in the context of the Holocaust and other crimes committed by the Nazis, as well as in the context of the Holodomor. The article also examines the historical background of the emergence of the concept of genocide and the evolution of international legal instruments that protected the rights of national, ethnic and cultural groups before the emergence of this concept. In particular, the role of the Hague Conventions, many peace treaties, decisions of international judicial bodies and reports of international administrative bodies in the formation of legal prerequisites for the protection of the rights of the specified groups before the introduction of the concept of genocide and the adoption of the UN Convention on the Prevention and Punishment of the Crime of Genocide of 1948 is analysed. In addition, the article analyses in detail the differences between the original concept of R. Lemkin and the narrower concept that was enshrined in the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide. Also, the views of modern scholars regarding the concept of genocide proposed by R. Lemkin are discussed. The results of this research may be useful for further analysis of the intellectual heritage of R. Lemkin, the influence of his concept of genocide on the development of modern international law, as well as for the further search for ways to improve international standards for the protection of minority rights and international legal instruments for the prevention of genocide, punishment for its commission and protection of its victims.