The Evolution of Cultural Genocide under International Law: the Case of the Yazidi Minority

Abstract

The purpose of this study is to investigate the often-overlooked crime of cultural genocide. The analysis begins by tracing the origins of the concept, which was initially conceptualized by Raphael Lemkin in 1944. Despite its omission from the 1948 Genocide Convention, the study demonstrates, through the available jurisprudence which stems mainly from the International Criminal Tribunals and the International Court of Justice, how cultural genocide has undergone an evolutionary process. The central case-study concerns the alleged cultural genocide perpetrated against the Yazidi minority on behalf of the Islamic State. Through the examination of this case and pertinent legal precedents, the thesis aims at shedding light on how the destruction of the social and cultural foundations of the group can lead to the annihilation of the group itself. By scrutinizing jurisprudential developments, the thesis advocates for the recognition of cultural genocide as a crime under international law and the implementation of ad hoc legal instruments to effectively provide justice.