Legal Sources of the Ukrainian Genocide of 1932-1933
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Date
2008
Authors
Antonovych, Myroslava
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Abstract
As it is clear from article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the crucial element to establish genocide under the Genocide Convention is evidence that such acts were committed with the specific intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. Though legal documents which testify to the Holodomor in Ukraine as genocide against Ukrainians were revealed in archives, some argue that not a single decree of the Soviet government and the Central Committee of the Communist Party in which there was an order to k i l l with famine a certain number of Ukrainian or other peasants was found by researchers [ 1 ]. Victor Kondrashyn and Diana Penner state in their book "Famine: 1932— 1933 in Soviet village (on materials of Volga region, Don and Kuban)" that evidence that the famine of 1932 —1933 was thoroughly planned has not yet been established. Evidently, it would be naive to think that such a criminal power as the Soviet Union would explicitly issue decrees to kill millions of Ukrainian peasants. However, the intent to do so is implicitly expressed in many legal acts of Soviet authorities. In addition, numerous legal documents of international and foreign bodies recognize that the case of the Holodomor of 1932 — 1933 in Ukraine was an act of genocide against Ukrainians. Famous scholars further bring the case forward in a wide array of historical documents, memoirs and writings.
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Keywords
Genocide Convention, genocide, Holodomor in Ukraine, сonference materials
Citation
Antonovych M. Legal Sources of the Ukrainian Genocide of 1932-1933 / Myroslava Antonovych // Голодомор 1932-1933 років в Україні : причини, демографічні наслідки, правова оцінка : матеріали міжнар. наук. конф., Київ, 25-26 верес. 2008 р. / Укр. ін-т нац. пам'яті ; [відп. ред. І. Р. Юхновський]. - К. : Києво-Могилянська академія, 2009. - С. 437-447.