This week, University of Wisconsin Press is pleased to release THE SOVIET UNION AND THE GUTTING OF THE UN GENOCIDE CONVENTION. After the staggering horrors of World War II and the Holocaust, the United Nations resolved to prevent and punish the crime of genocide throughout the world. The resulting UN Genocide Convention treaty, however, was drafted, contested, and weakened in the midst of Cold War tensions and ideological struggles between the Soviet Union and the West. Author Anton Weiss-Wendt presents a unique historical account of the failure of the genocide convention.
Joseph Stalin is the most outstanding figure in Russia’s history, followed by Vladimir Putin and Alexander Pushkin, according to a poll of Russians released in June 2017 by the independent Levada center in Moscow. The 38% of Russians who gave their vote to Stalin clearly dismiss and/or trivialize the mass crimes committed by his regime.
Mine is a story of international criminal law through the prism of Cold War, a legal history of the Cold War. Click To TweetWhen I learned the word genocide, it was in Russian. My paternal grandparents spent nearly twenty years of their lives in Stalin’s Gulag, though they rarely spoke of it. For me, genocide is a personal story. But I am also a professionally trained historian. Hence, the objective of my book is not to condemn but to explain. Neither is it exclusively a story of the communist dictatorship and its crimes.
Unearthing a mass grave on the site of a Gulag camp at Chelyabinsk, east of the Urals, in 1990 (Scanpix)
The Soviets were certainly the biggest offenders in trying to hollow out the Genocide Convention during the UN debates in 1947–48, but they were not the only ones with a vested interest. Neither the Soviet Union nor the United States wanted political groups to be protected by the Genocide Convention. The two countries also reached an unlikely consensus that postponed indefinitely the establishment of an international criminal court. The British, for their part, never tried to conceal their dislike for the kind of international treaty they regarded as futile.
As I worked through documents in over a dozen archives in the United States and Europe, I have oscillated in my view of whether or not Stalin and his top diplomats/ accomplices Andrei Vyshinsky and Vyacheslav Molotov (the men on the front cover of the book) should have stood trial on charges of genocide. I conclude that, “under ideal circumstances, Stalin and the Soviet Union could no doubt be indicted for genocide,” yet I caution that this statement not be taken out of context.
Negotiators for the former Allies in World War II—the Soviet Union, the United States, the United Kingdom—were each conscious of cases of mass violence that they did not want to be covered by the convention. For the Soviets it was forced labor, ethnic deportations, and the destruction of political opposition in Eastern Europe. The Americans had on their minds racial discrimination at home and the expulsion of ethnic Germans from Eastern Europe. The British had yet the longest list of hot-button subjects: the treatment of colonial populations, American use of atomic bombs on Hiroshima and Nagasaki, the treatment of Jews in Mandate Palestine, again the faith fate of German expellees, and so on.
A car owner in Moscow displays his admiration of Stalin, October 2015 (Photo: Ilya Varlamov)
The big question for me—and for all those who have examined or tried to apply the Genocide Convention in a court of law—is whether or not it is a useful legal tool. I am not optimistic. Cold War politics bankrupted the word genocide and ran aground the international treaty that was meant to stamp genocide out of existence. Stalin, and bloody dictators like him, care little for human rights law and are seldom brought to justice.
Stalin, and bloody dictators like him, care little for human rights law and are seldom brought to justice. Click To Tweetdirects research at the Center for the Study of the Holocaust and Religious Minorities in Oslo, Norway. He is the author of Murder without Hatred: Estonians and the Holocaust and Small-Town Russia: Childhood Memories of the Final Soviet Decade; editor of The Nazi Genocide of the Roma; and coeditor of Racial Science in Hitler’s New Europe, 1938–1945.
As a practicing lawyer in BGC, I too have examined the use of Genocide Convention in the court of law. As law grows through the setting of that which was applied before, understanding the intricacies of the meaning of the word genocide is just the first step in understanding the law. This further evolves through legal judgments in cases presented before the courts.
It is very rare to hear a criminal here in the Philippines to commit genocide for the past years, however, it is still for the best that lawyers convene and discuss this matter for future purposes.