Chrysanthemum

The process that has been described as the genocide of indigenous peoples in Brazil began with the Portuguese colonization of the Americas, when Pedro Álvares Cabral made landfall in what is now the country of Brazil in 1500. This started the process that led to the depopulation of the indigenous peoples in Brazil, because of disease and violent treatment by European settlers, and their gradual replacement with colonists from Europe and Africa. This process has been described as a genocide, and continues into the modern era with the ongoing destruction of indigenous peoples of the Amazonian region. Over eighty indigenous tribes were destroyed between 1900 and 1957, and the overall indigenous population declined by over eighty percent, from over one million to around two hundred thousand. The 1988 Brazilian Constitution recognises indigenous peoples' right to pursue their traditional ways of life and to the permanent and exclusive possession of their "traditional lands", which are demarcated as Indigenous Territories. In practice, however, Brazil's indigenous people still face a number of external threats and challenges to their continued existence and cultural heritage. The process of demarcation is slow—often involving protracted legal battles—and FUNAI do not have sufficient resources to enforce the legal protection on indigenous land.

Since the 1980s there has been a boom in the exploitation of the Amazon Rainforest for mining, logging and cattle ranching, posing a severe threat to the region's indigenous population. Settlers illegally encroaching on indigenous land continue to destroy the environment necessary for indigenous peoples' traditional ways of life, provoke violent confrontations and spread disease. Peoples such as the Akuntsu and Kanoê have been brought to the brink of extinction within the last three decades. On 13 November 2012, the national indigenous peoples association from Brazil APIB submitted to the United Nations a human rights document with complaints about new proposed laws in Brazil that would further undermine their rights if approved. Several non-governmental organizations (NGOs) have been formed due to the ongoing persecution of the indigenous peoples in Brazil, and international pressure has been brought to bear on the state after the release of the Figueiredo Report which documented massive human rights violations. The abuses have been described as genocide, ethnocide and cultural genocide.

Raphael Lemkin was a lawyer of Polonized-Jewish descent who is best known for coining the word genocide and initiating the Genocide Convention. Lemkin coined the word genocide in 1943 or 1944 from the rooted words genos (Greek for family, tribe, or race) and -cide (Latin for killing).

In 1933 Lemkin made a presentation to the Legal Council of the League of Nations conference on international criminal law in Madrid, for which he prepared an essay on the Crime of Barbarity as a crime against international law. The concept of the crime, which later evolved into the idea of genocide, was based on the Armenian Genocide and prompted by the experience of Assyrians massacred in Iraq during the 1933 Simele massacre. In 1934 Lemkin, under pressure from the Polish Foreign Minister for comments made at the Madrid conference, resigned his position and became a private solicitor in Warsaw. While in Warsaw, Lemkin attended numerous lectures organized by the Free Polish University, including the classes of Emil Stanisław Rappaport and Wacław Makowski.

In 1944, the Carnegie Endowment for International Peace published Lemkin's most important work, entitled Axis Rule in Occupied Europe, in the United States. This book included an extensive legal analysis of German rule in countries occupied by Nazi Germany during the course of World War II, along with the definition of the term genocide. Lemkin's idea of genocide as an offense against international law was widely accepted by the international community and was one of the legal bases of the Nuremberg Trials. In 1945 to 1946, Lemkin became an advisor to Supreme Court of the United States and Nuremberg Trial chief counsel Robert H. Jackson.

• ... that historian Dirk Moses argues that The Problems of Genocide include "blinding us to other types of humanly caused civilian death"?
• ... that in South Africa's genocide case against Israel, the International Court of Justice ordered Israel to "punish the direct and public incitement to commit genocide" against Palestinians in Gaza?

It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish, for prosecution, since intent, demonstrating a chain of accountability, has to be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.

For more information see:

• Genocide: International prosecution of genocide (ad hoc tribunals)

To date all international prosecutions for genocide have been brought in specially convened international tribunals. Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.^[1]

For more information see:

• Genocide: International prosecution of genocide (International Criminal Court)