Cultural Genocide within International Law : A Legal Analysis of Power Dynamics

Abstract: The crime of cultural genocide refers to the deliberate and systematic destruction or erasure of the cultural heritage, traditions, practices, and institutions of a group. It involves actions or policies aimed at undermining, suppressing, or eradicating the unique elements that define a culture, such as its language, customs, beliefs and way of life. In China, the Uyghurs minority in Xingang have been subjected to oppression due to their differences from the majority Han Chinese. Many academics have classified thistreatment of the Uyghurs as cultural genocide. The term "cultural genocide" has been discussed for years about its historical implication. In the current international legal framework, the concept of cultural genocide lacks any binding legal authority as genocide is primarily associated with physical and biological destruction. Consequently, this has led to inconsistency regarding the role of international law in addressing cultural genocide. Thus, this thesis will assess and examine the legal position of cultural genocide within international law. The examination of the legal components will be conducted through anormative legal analysis. The second objective will investigate the power structures thatshaped the recognition and prevention of cultural genocide within the international legal framework Alongside, a poststructuralism theory will be implemented to identify thesignificant emphasis on the authority of entities to decide what we count as valid knowledge and that this power is achieved through the manipulation of discourse.