East West Street: On the Origins of "Genocide" and "Crimes Against Humanity"

by Philippe Sands

was instinctively sympathetic to Lauterpacht’s view, which was motivated by a desire to reinforce the protection of each individual, irrespective of which group he or she happened to belong to, to limit the potent force of tribalism, not reinforce it. By focusing on the individual, not the group, Lauterpacht wanted to diminish the force of intergroup conflict. It was a rational, enlightened view, and also an idealistic one. The counterargument was put most strongly by Lemkin. Not opposed to individual rights, he nevertheless believed that an excessive focus on individuals was naive, that it ignored the reality of conflict and violence: individuals were targeted because they were members of a particular group, not because of their individual qualities. For Lemkin, the law must reflect true motive and real intent, the forces that explained why certain individuals—from certain targeted groups—were killed. For Lemkin, the focus on groups was the practical approach.