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Chapter 4 - A Legal Primer for Settler Colonial Genocides

Published online by Cambridge University Press:  12 July 2019

Laurelyn Whitt
Affiliation:
Brandon University, Manitoba, Canada
Alan W. Clarke
Affiliation:
Utah Valley University
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Summary

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.

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Chapter
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North American Genocides
Indigenous Nations, Settler Colonialism, and International Law
, pp. 71 - 99
Publisher: Cambridge University Press
Print publication year: 2019

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