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  • Print publication year: 2019
  • Online publication date: July 2019

Chapter 4 - A Legal Primer for Settler Colonial Genocides


Before examining the Beothuk and Powhatan cases, we outline those parts of the Conventional account of genocide that can most usefully be applied to such historical cases. The treaty details the crime of genocide, and, with the exception of state liability for genocide, the cases construing the treaty are criminal. However, we do not propose to establish criminality with respect to centuries-old conduct; nor need we. We do this to illustrate how the conventional concept of genocide applies to the historical cases of the Beothuk Nation and the Powhatan Tsenacommacah and neighboring nations.