North American Genocides
Indigenous Nations, Settler Colonialism, and International Law

Argues that North American settler colonialism included episodes of genocide of Indigenous peoples as defined by the United Nations Genocide Convention.

Laurelyn Whitt (Author), Alan W. Clarke (Author)

9781108442428, Cambridge University Press

Paperback / softback, published 26 May 2022

265 pages
22.9 x 15.2 x 1.4 cm, 0.361 kg

'In 1946, two years before the UN Genocide Convention was adopted, the General Assembly recognized that 'many instances' of the crime of genocide had already taken place. This thoughtful and compelling account makes the case for one of them, the intentional destruction of indigenous peoples in North America.' William A. Schabas, Middlesex University

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500–1830, and of the Powhatan Tsenacommacah from 1607–77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.

Introduction
1. North American genocide denial
2. The legal case for historical genocides: a retrospective methodology
3. Settler colonialism and Indigenous nations
4. A legal primer for settler colonial genocides
5. The Beothuk (1500–1830)
6. The Powhatan Tsenacommacah (1607–1677)
7. The conventional account of genocide: from a restrictive to an expansive interpretation
8. Toward an account of systemic genocide
Appendix A. Secretariat's draft convention
Appendix B. Ad hoc Committee Draft Convention
Appendix C. United Nations Convention on the Prevention and Punishment of Genocide
Index.

Subject Areas: Human rights & civil liberties law [LNDC], International human rights law [LBBR], International law [LB], Political oppression & persecution [JPVR], Human rights [JPVH], International relations [JPS], Indigenous peoples [JFSL9], Genocide & ethnic cleansing [HBTZ], Colonialism & imperialism [HBTQ], History of the Americas [HBJK]