Ethnic cleansing as an instrument of nation-state creation: changing state practices and evolving legal norms

Human Rights Quarterly

Volumn 20, Issue 4, 1998, Pages 817-842

  Preece, Jennifer Jackson ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ETHNIC CLEANSING; HUMAN RIGHTS; LEGISLATION; NATION STATE; STATE BUILDING;

EID: 0032429696     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (161)

1. ALFRED DE ZAYAS, NEMESIS AT POTSDAM: THE ANGLO-AMERICANS AND THE EXPULSION OF THE GERMANS 11-12 (1979) (quoting Lord Curzon, the British Foreign Minister from 1919 to 1924, a participant at the Lausanne Conference).
2. The Realization of Economic, Social and Cultural Rights: The Human Rights Dimensions of Population Transfer, Including the Implantation of Settlers, U.N. ESCOR, Sub-Comm'n on Prevention of Discrimination and Protection of Minorities, 45th Sess., Provisional Agenda Item 8, at 85, U.N. Doc. E/CN.4/Sub.2/1993/17 (1993) [hereinafter The Human Rights Dimensions of Population Transfer].
3. While cujus regio ejus religio remained the legitimizing principle in international relations (that is, prior to 1919), there were of course numerous incidents of religious cleansing designed to create homogeneous religious populations within states. See Andrew Bell-Fialkoff, A Brief History of Ethnic Cleansing, 72-1 FOREIGN AFF. 110 (1993); see also Jennifer Jackson Preece, Minority Rights in Europe: From Westphalia to Helsinki, 23 REV. INT'L STUD. 75 (1997).
4. While cujus regio ejus religio remained the legitimizing principle in international relations (that is, prior to 1919), there were of course numerous incidents of religious cleansing designed to create homogeneous religious populations within states. See Andrew Bell-Fialkoff, A Brief History of Ethnic Cleansing, 72-1 FOREIGN AFF. 110 (1993); see also Jennifer Jackson Preece, Minority Rights in Europe: From Westphalia to Helsinki, 23 REV. INT'L STUD. 75 (1997).
5. Treaty Between the Allied and Associated Powers and Germany, 28 June 1919, U.S.-The British Empire-Fr.-Italy-Japan-Belg.-Bol.-Braz.-P.R.C.-Cuba-Ecuador-Greece-Guat.-Haiti- The Hedjaz-Hond.-Liber.-Nicar.-Pan.-Peru-Pol.-Port.-Rom.-The Serb-Croat-Slovene State-Siam-Czecho-Slovakia-Uru.-Germany, 2 BEVANS 43, reprinted in 1 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 3 (1924) (known as the Treaty of Versailles).
6. Treaty Between the Allied and Associated Powers and Germany, 28 June 1919, U.S.- The British Empire-Fr.-Italy-Japan-Belg.-Bol.-Braz.-P.R.C.-Cuba-Ecuador-Greece-Guat.- Haiti-The Hedjaz-Hond.-Liber.-Nicar.-Pan.-Peru-Pol.-Port.-Rom.-The Serb-Croat-Slovene State-Siam-Czecho-Slovakia-Uru.-Germany, 2 BEVANS 43, reprinted in 1 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 3 (1924) (known as the Treaty of Versailles).
7. On 11 February 1918 Woodrow Wilson described national self-determination as "an imperative principle of action." See ALFRED COBBAN, THE NATION STATE AND NATIONAL SELF-DETERMINATION 53, 57-84 (1970). This thinking was later borne out both Wilson's Fourteen Points of February 1918 and later in Article X of the League of Nations Covenant. See Wilson's Fourteen Point Speech of 8 Jan. 1918, 1 FOREIGN RELATIONS OF THE UNITED STATES 12ff (Supp. 1 1918); LEAGUE OF NATIONS COVENANT art. 10.
8. On 11 February 1918 Woodrow Wilson described national self-determination as "an imperative principle of action." See ALFRED COBBAN, THE NATION STATE AND NATIONAL SELF- DETERMINATION 53, 57-84 (1970). This thinking was later borne out both Wilson's Fourteen Points of February 1918 and later in Article X of the League of Nations Covenant. See Wilson's Fourteen Point Speech of 8 Jan. 1918, 1 FOREIGN RELATIONS OF THE UNITED STATES 12ff (Supp. 1 1918); LEAGUE OF NATIONS COVENANT art. 10.
9. On 11 February 1918 Woodrow Wilson described national self-determination as "an imperative principle of action." See ALFRED COBBAN, THE NATION STATE AND NATIONAL SELF- DETERMINATION 53, 57-84 (1970). This thinking was later borne out both Wilson's Fourteen Points of February 1918 and later in Article X of the League of Nations Covenant. See Wilson's Fourteen Point Speech of 8 Jan. 1918, 1 FOREIGN RELATIONS OF THE UNITED STATES 12ff (Supp. 1 1918); LEAGUE OF NATIONS COVENANT art. 10.
10. See Alfred de Zayas, International Law and Mass Population Transfers, 16 HARV. INT'L L.J. 207, 222-23 n.2 (1975).
11. See id.
12. See id.
13. See The Human Rights Dimensions of Population Transfer, supra note 2, at 28 ¶ 120; see also JOSEPH ROTHSCHILD, EAST CENTRAL EUROPE BETWEEN THE TWO WORLD WARS 328 (1990).
14. See The Human Rights Dimensions of Population Transfer, supra note 2, at 28 ¶ 120; see also JOSEPH ROTHSCHILD, EAST CENTRAL EUROPE BETWEEN THE TWO WORLD WARS 328 (1990).
15. See The Human Rights Dimensions of Population Transfer, supra note 2, at 29 ¶ 126.
16. See EUGENE M. KULISCHER, EUROPE ON THE MOVE: WAR AND POPULATION CHANGES 1917-1947, at 304 (1948).
17. See id.
18. See Bell-Fialkoff, supra note 3, at 114.
19. See id.
20. See id.
21. See id. at 115.
22. See id.
23. See KULISCHER, supra note 11, at 303.
24. See Bell-Fialkoff, supra note 3, at 115.
25. See id.
26. See ANTHONY PARSONS, FROM COLD WAR TO HOT PEACE: UN INTERVENTIONS 1947-1995, at 178 (1995).
27. See id. at 178-79.
28. See HUGH POULTON, THE BALKANS: MINORITIES AND STATES IN CONFLICT 159-60 (1991).
29. See Bell-Fialkoff, supra note 3, at 118.
30. The Human Rights Dimensions of Population Transfer, supra note 2, at 5.
31. See Drazen Petrovic, Ethnic Cleansing: An Attempt at Methodology, 5 EUR. J. INT'L L. 342, 342-43 n.3 (1994).
32. See id. at 343.
33. See id. at 342.
34. Whereas ethnic cleansing is exclusively concerned with conflict between rival ethnic groups, forced population transfer does not immediately imply an ethnic dimension. Population transfer is thus defined in UN documents more generally as the movement of people as a consequence of political and/or economic processes in which the State Government or State-authorized agencies participate. . . . [It is] conducted with the effect or purpose of altering the demographic composition of a territory in accordance with policy objectives or prevailing ideology . . . [that] asserts the dominance of a certain group over another. The Human Rights Dimensions of Population Transfer, supra note 2, at 6. For example, the exodus of political dissidents from Hungary in 1956 and Czechoslovakia in 1968 -precipitated by the return to hardline communist rule - may be described as population transfer but would not fit the more specific criteria of ethnic cleansing, as the peoples involved were distinguished by their political beliefs rather than their ethnic identities.
35. Human Rights Questions: Human Rights Situations and Reports of the Special Rapporteurs and Representatives: Situation of Human Rights in the Territory of the Former Yugoslavia: Note by the Secretary-General, adopted 17 Nov. 1992, U.N. GAOR, 47th Sess., at 6 ¶ 9 , U.N. Doc. A/47/666-S/24809 (1992).
36. Situation of Human Rights in the Territory of the Former Yugoslavia, Sixth Periodic Report on the Situation of Human Rights in the Territory of the Former Yugoslavia submitted by Mr. Tadeusz Mazowiecki, Special Rapporteur of the Commission on Human Rights, Pursuant to Paragraph 32 of Commission Resolution 1993/7 of 23 February 1993, U.N. ESCOR, Comm'n on Hum. Rts., 50th Sess., Agenda Item 12, at 44, U.N. Doc. E/CN.4/1994/110 (1994).
37. See The Human Rights Dimensions of Population Transfer, supra note 2, at 9-10.
38. See id. at 9-20.
39. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
40. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
41. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
42. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
43. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
44. Those national minorities that remained in the various successor states were assigned rights to civil and political equality with the major as well as a measure of cultural autonomy. These rights were placed under the guarantee of the League of Nations. It was hoped that the League of Nations System of Minority Guarantees would reduce minority/majority tensions within the successor states, thereby diminishing the possibility of separatism and irredentism. In the end, tne guarantee did not operate in the way that had been envisioned and this hope was not fulfilled. The great powers were loath to become involved in minority disputes when their national interests were not at stake. This resistance allowed kin-states (i.e., those states whose ethnic kin formed minorities) such as revisionist Germany and Hungary to take the lead in implementing the guarantees. As one might expect, kin-state involvement evoked suspicion and indeed hostility in those states that possessed minorities and feared that such involvement was a pretext for intervention and possibly even irredentism. Consequently, treaty-bound states increasingly sought to evade their minority responsibilities. The League System eventually came to an end in 1934 when Poland unilaterally renounced her treaty obligations. For a discussion of the League of Nations System of Minority Guarantees see INIS CLAUDE, NATIONAL MINORITIES: AN INTERNATIONAL PROBLEM (1955). See also Preece, supra note 3, at 81-84; CARLILE MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES (1934); LUCY PHILIP MAIR, THE PROTECTION OF MINORITIES: THE WORKING SCOPE OF THE MINORITIES TREATIES UNDER THE LEAGUE OF NATIONS (1928); JACOB ROBINSON, WERE THE MINORITIES TREATIES A FAILURE? (1943); JULIUS STONE, INTERNATIONAL GUARANTEES OF MINORITY RIGHTS (1932).
45. Treaty of Peace with Turkey, 23 July 1923, The British Empire-Fr.-Italy-Japan-Greece-Rom.-The Serb-Croat-Slovene State-Turkey, 28 L.N.T.S. 12, reprinted in 2 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 959 (1924) (known as the Treaty of Lausanne, which replaced the Treaty of Sevres of 10 Aug. 1920).
46. Convention Between Bulgaria and Greece Respecting Reciprocal Emigration of Minorities, 27 Nov. 1919, Greece-Bulg., 226 C.T.S. 435.
47. Treaty of Peace Between the Allied and Associated Powers and Bulgaria, opened for signature 27 Nov. 1919 (entered into force 9 Aug. 1920), U.S.-The British Empire-Fr.-Italy-Japan-Belg.-P.R.C.-Cuba-Greece-The Hedjaz-Pol.-Port.-Rom.-The Serb-Croat-Slovene State-Siam-Czech.-Bulg., 226 C.T.S 332, reprinted in 2 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 653 (1924) (known as the Treaty of Neuilly).
48. Treaty of Peace Between the Allied and Associated Powers and Bulgaria, opened for signature 27 Nov. 1919 (entered into force 9 Aug. 1920), U.S.-The British Empire-Fr.- Italy-Japan-Belg.-P.R.C.-Cuba-Greece-The Hedjaz-Pol.-Port.-Rom.-The Serb-Croat- Slovene State-Siam-Czech.-Bulg., 226 C.T.S 332, reprinted in 2 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 653 (1924) (known as the Treaty of Neuilly).
49. See de Zayas, supra note 6, at 222-23.
50. See 8 ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW 438-44 (P. Bernhardt ed., 1985) [hereinafter ENCYCLOPEDIA].
51. DE ZAYAS, supra note 1, at 11.
52. De Zayas, supra note 6, at 222-23.
53. See The Human Rights Dimensions of Population Transfer, supra note 2, at 28-30.
54. See id. at 29.
55. See id. at 30-31.
56. See ENCYCLOPEDIA, supra note 39, at 439.
57. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
58. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
59. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
60. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
61. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
62. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
63. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
64. The Human Rights Dimensions of Population Transfer identifies these three German/Soviet agreements supra note 2, at 31 ¶ 134, 92 n.89. See Russo-German Agreement of 16 Nov. 1939 on the Evacuation of Ukrainians and Belorussians from Polish Territory, Foreign Policy Documents (1939), Russian Foreign Ministry (Moskva, Mezhdunarodnie Otnoshenia 1992) (known as the Treaty of Moscow); Note Exchanged with Rumanian Government Regarding the Transfer of Bessarabia and Bukovina, 3 SOVIET DOCUMENTS ON FOREIGN POLICY 458 (1953), reprinted in 8 DOKUMENTE DER DEUTSCHEN POLITIK 624-39 pt.2, translated in 2 DOCUMENTS ON INTERNATIONAL AFFAIRS: 1939-46, at 59 (Margaret Carlyle ed., 1954) (known as the Accord of Moscow); Soviet-German Frontier Treaty, id. 479, reprinted in 21 The Exchange of Minorities and Transfers of Population in Europe Since 1919: II, in 21 BULL. INT'L NEWS 657, 663 n.17 (1944) (known as the Convention of Moscow) [hereinafter Convention of Moscow].
65. See The Human Rights Dimensions of Population Transfer, supra note 2, at 31.
66. See Convention of Moscow, supra note 46.
67. Treaty of Peace Between the Allied and Associated Powers and Hungary, 4 June 1920, U.S.-The British Empire-Fr.-Italy-Japan-Belg.-P.R.C.-Cuba-Greece-Nicar.-Pan.-Pol.-Port.-Rom.-The Serb-Croat-Slovene State-Siam-Czech.-Hung., 113 BRIT. & FOREIGN ST. PAPERS 486, reprinted in 1 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919- 1923, at 461 (1924) (known as the Treaty of Trianon).
68. Treaty of Peace Between the Allied and Associated Powers and Hungary, 4 June 1920, U.S.-The British Empire-Fr.-Italy-Japan-Belg.-P.R.C.-Cuba-Greece-Nicar.-Pan.-Pol.-Port.- Rom.-The Serb-Croat-Slovene State-Siam-Czech.-Hung., 113 BRIT. & FOREIGN ST. PAPERS 486, reprinted in 1 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, THE TREATIES OF PEACE 1919-1923, at 461 (1924) (known as the Treaty of Trianon).
69. See The Human Rights Dimensions of Population Transfer, supra note 2, at 31-32.
70. DE ZAYAS, supra note 1, at 7.
71. The League minority system comprised a series of treaties wherein the states concerned agreed to uphold certain stipulations regarding their treatment of minorities and recognized the League of Nations as guarantor of that agreement. Generally these treaties were multilateral rather than bilateral. Austria (St. Germain-en-Laye, 10 September 1919), Hungary (Trianon, 4 June 1920), Bulgaria (Neuilly-sur-Seine, 27 November 9919), and Turkey (Lausanne, 24 July 1923) - as defeated states - were bound by national minority clauses in the various peace treaties that formally ended the First World War. Similarly, the participation of new or enlarged states such as Poland (Versailles 28 June 1919), Czechoslovakia (St. Germain-en-Laye, 10 September 1919), Romania (Paris, 9 December 1919), the Kingdom of Serbs, Croats and Slovenes St. Germain-en-Laye, 10 September 1919) and Greece (Sevres, 10 August 1920) was also a stipulation of the peace treaties. Albania (2 October 1921), Lithuania (12 May 1922), Estonia (17 September 1923), and - outside of Europe - Iraq were persuaded to conclude similar national minority treaties as part of their admission to the League of Nations. Finland (27 June 1921) also made national minority commitments in regard to the Aaland Islands. In a more limited way, Germany, too, was a party to the international system of national minority protection by virtue of the 1922 Geneva Convention wherein Poland and Germany established a national minority regime for Upper Silesia and themselves assigned an important supervisory role to the League of Nations. The Upper Silesia agreement was the only bilateral treaty in the League minority system. The League minority system effectively came to an end on 13 September 1934 when Poland renounced its minority obligations. Following this unilateral action, the system became increasingly ineffectual until it finally was destroyed by the impact of the Second World War. It was judged to be extinct in a study by the UN secretariat in 1950, which based its findings on the effect of the Second World War, the dissolution of the League of Nations, the implicit abrogation of the minorities treaties by the coming into effect of the UN Charter, and by the stipulations concerning human rights and fundamental freedoms in the peace treaties of 1947. For a further discussion of the League of Nations minority system see JENNIFER JACKSON PREECE, The League of Nations System of Minority Guarantees, NATIONAL MINORITIES AND THE EUROPEAN NATION-STATES SYSTEM ch.5 at 67-95 (1998) (on file with author).
72. See also Protection of Linguistic, Racial and Religious Minorities by the League of Nations, League of Nations Doc. C.L.110 1927 I.B.2 (1927); CLAUDE, supra note 34;
73. Preece, supra note 3, at 81-84; MACARTNEY, supra note 34; ROBINSON, supra note 34; STONE, supra note 34.
74. DE ZAYAS, supra note 1, at 4.
75. Id. at 7.
76. Id. at 8.
77. Id. at 1.
78. Protocol of the Potsdam Conference, 17 July-2 Aug. 1945, art. XIII, 145 BRIT. & FOREIGN ST. PAPERS 852, reprinted in 39 AM. J. INT'L L. SUPP. 245 (1945).
79. Protocol of the Potsdam Conference, 17 July-2 Aug. 1945, art. XIII, 145 BRIT. & FOREIGN ST. PAPERS 852, reprinted in 39 AM. J. INT'L L. SUPP. 245 (1945).
80. ENCYCLOPEDIA, supra note 39, at 441-42.
81. See DE ZAYAS, supra note 1, at 89.
82. See ENCYCLOPEDIA, supra note 39, at 442.
83. N.Y. TIMES, Feb. 1946, quoted in DE ZAYAS, supra note 1, at 123.
84. See The Human Rights Dimensions of Population Transfer, supra note 2, at 31.
85. See PARSONS, supra note 21, at 178.
86. See id. at 178-79.
87. See POULTON, supra note 23, chs. 9-11, at 105-161 (for an excellent analysis of Zhivkov's assimilationist policies).
88. By January 1990, more than 130,000 of these had voluntarily returned to Bulgaria. This return may be explained both by the improved political circumstances in Bulgaria following the overthrow of the Zhivkov regime and the unfavorable economic situation in Turkey. See id. at 159-71.
89. See Alain Pellet, The Opinions of the Badinter Arbitration Committee: A Second Breath for the Self-Determination of Peoples, 3 EUR. J. INT'L L. 178-85 (1992).
90. See Bell-Fialkoff, supra note 3, at 118.
91. See id.
92. See id.
93. See id.
94. See Payam Akhavan, The Yugoslav Tribunal at a Crossroads: The Dayton Peace Agreement and Beyond, 18 HUM. RTS. Q. 259 (1996); see also General Framework Agreement for Peace in Bosnia and Herzegovina, annexes 6 & 7, U.N. GAOR & U.N. SCOR, 50th Sess., Attachment, Agenda Item 28, at 2, U.N. Doc. S/1995/999 (1995), reprinted in 35 I.L.M. 75 (1996).
95. See Payam Akhavan, The Yugoslav Tribunal at a Crossroads: The Dayton Peace Agreement and Beyond, 18 HUM. RTS. Q. 259 (1996); see also General Framework Agreement for Peace in Bosnia and Herzegovina, annexes 6 & 7, U.N. GAOR & U.N. SCOR, 50th Sess., Attachment, Agenda Item 28, at 2, U.N. Doc. S/1995/999 (1995), reprinted in 35 I.L.M. 75 (1996).
96. See The Human Rights Dimensions of Population Transfer, supra note 2, at 82.
97. Hague Convention, Convention Respecting the Pacific Settlement of International Disputes, Final Act of the Second International Peace Conference at the Hague (15 June-18 Oct. 1907), opened for signature 18 Oct. 1907, (entered into force 26 Jan. 1910), 205 C.T.S 216, reprinted in INTERNATIONAL PEACE CONFERENCE 1899, HAGUE CONVENTIONS AND DECLARATIONS OF 1899 AND 1907: ACCOMPANIED BY TABLES OF SIGNATURES, RATIFICATIONS AND ADHESIONS OF THE VARIOUS POWERS AND TEXTS OF RESERVATIONS 256 (James Brown Scott ed., 2d ed. 1915).
98. Hague Convention, Convention Respecting the Pacific Settlement of International Disputes, Final Act of the Second International Peace Conference at the Hague (15 June-18 Oct. 1907), opened for signature 18 Oct. 1907, (entered into force 26 Jan. 1910), 205 C.T.S 216, reprinted in INTERNATIONAL PEACE CONFERENCE 1899, HAGUE CONVENTIONS AND DECLARATIONS OF 1899 AND 1907: ACCOMPANIED BY TABLES OF SIGNATURES, RATIFICATIONS AND ADHESIONS OF THE VARIOUS POWERS AND TEXTS OF RESERVATIONS 256 (James Brown Scott ed., 2d ed. 1915).
99. Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva IV), adopted 12 Aug. 1949, 6 U.S.T. 3516, T.I.A.S. No. 3365, 75 U.N.T.S. 287 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956) [hereinafter Geneva IV.]
100. See JEAN PICTET, DEVELOPMENT AND PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW (1985) (for a general discussion of humanitarian law).
101. See Christa Meindersma, Legal Issues Surrounding Population Transfers in Conflict Situations, 41 NETH. INT'L L. REV. 31-50 (1994).
102. See The Human Rights Dimensions of Population Transfer, supra note 2, at 34.
103. OSCAR M. UHLER ET AL., COMMENTARY: IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR 279 (Jean Pictet ed., 1958).
104. De Zayas, supra note 6, at 211.
105. Lieber Code of 1863, Instructions for the Government of Armies of the U.S. in the Field, prepared by Franci Lieber, Adjutant General's Office, War Department, General Orders No. 100, Series of 1863, Series 2 Official Records, V, 671-82 (1863), reprinted in 2 FRANCIS LIEBER, MISCELLANEOUS WRITINGS OF FRANCIS LIEBER 247-74 (1881).
106. See The Human Rights Dimensions of Population Transfer, supra note 2, at 35.
107. Id. at 35 (quoting Lieber Code of 1863 art. 23).
108. De Zayas, supra note 6, at 215.
109. It is interesting to note that the many similarities between the Allied transfer ot ethnic Germans as authorized in the Potsdam Protocol and the crime of mass deportation with which Nazi officials were charged was not lost on the defense counsel at Nuremberg. "Alfred Seidl, Defense Counsel for Hans Frank, . . . 'tried to establish, by way of tu quoque defense that Allied practices were equally criminal.'" Id. at 236-39, 237.
110. Geneva IV, supra note 75.
111. Protocol I Additional to the Geneva Convention of 12 Aug. 1949, and Relating to the Protection of Victims of International Armed Conflicts, adopted 8 June 1977, art. 76, U.N. Doc. A/32/144, Annex I, 1125 U.N.T.S. 512 (entered into force 7 Dec. 1978), reprinted in 16 I.L.M. 1391 (1977); Protocol II Additional to the Geneva Convention of 12 Aug. 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, adopted 8 June 1977, art. 4, U.N. Doc. A/32/144, Annex II, 1125 U.N.T.S. 513 (entered into force 7 Dec. 1978), reprinted in 16 I.L.M. 1442 (1977).
112. Protocol I Additional to the Geneva Convention of 12 Aug. 1949, and Relating to the Protection of Victims of International Armed Conflicts, adopted 8 June 1977, art. 76, U.N. Doc. A/32/144, Annex I, 1125 U.N.T.S. 512 (entered into force 7 Dec. 1978), reprinted in 16 I.L.M. 1391 (1977); Protocol II Additional to the Geneva Convention of 12 Aug. 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, adopted 8 June 1977, art. 4, U.N. Doc. A/32/144, Annex II, 1125 U.N.T.S. 513 (entered into force 7 Dec. 1978), reprinted in 16 I.L.M. 1442 (1977).
113. Geneva IV, supra note 75, art. 49.
114. THEODOR MERON, HUMAN RIGHTS AND HUMANITARIAN NORMS AS CUSTOMARY LAW 48-49 (1991).
115. See The Human Rights Dimensions of Population Transfer, supra note 2, at 34.
116. International Military Tribunal, Trial of the Major War Criminals Before the International Military Tribunal (IMT), Article 6 of the Charter of the International Military Tribunal, Nuremberg, 1945-1946, 1 London, H.M. Stationary Office, 1947-1949, at 11.
117. The Human Rights Dimensions of Population Transfer, supra note 2, at 33.
118. Convention on the Nonapplicability of Statutory Limitation to War Crimes and Crimes Against Humanity of 1968 (entered into force 11 Nov. 1970), 754 U.N.T.S 73, reprinted in 8 I.L.M 68 (1969).
119. See The Human Rights Dimensions of Population Transfer, supra note 2, at 34, 39.
120. Meindersma, supra note 77, at 76-77. See also Report on the Situation of Human Rights in the Territory of the Former Yugoslavia Submitted by Mr. Tadeusz Mazowiecki, Special Rapporteur of the Commission on Human Rights, Pursuant to Commission Resolution 1992/S-1/1 of 14 August 1992, U.N. ESCOR, Comm'n on Hum. Rts., 49th Sess., Agenda Item 27, Annex II, ¶ 9, U.N. Doc. E/CN.4/1993/50 (1993).
121. This interpretation of general human rights provisions applicable to circumstances of ethnic cleansing may be found in the following: The Human Rights Dimensions of Population Transfer, supra note 2, at 40-60; ENCYCLOPEDIA, supra note 39, at 440-41; Meindersma, supra note 77, at 60.
122. This interpretation of general human rights provisions applicable to circumstances of ethnic cleansing may be found in the following: The Human Rights Dimensions of Population Transfer, supra note 2, at 40-60; ENCYCLOPEDIA, supra note 39, at 440-41; Meindersma, supra note 77, at 60.
123. See supra text and accompanying footnotes.
124. U.N. CHARTER, signed 26 June 1945, 59 Stat. 1031, T.S. No. 993, 3 Bevans 1153 (entered into force 24 Oct. 1945).
125. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess. (Resolutions, part 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. SUPP. 127 (1949).
126. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess. (Resolutions, part 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. SUPP. 127 (1949).
127. Convention on the Prevention and Punishment of the Crime of Genocide, adopted 9 Dec. 1948, 78 U.N.T.S. 277 (entered into force 12 Jan. 1951) (entered into force for U.S. 23 Feb. 1989).
128. International Convention for the Elimination of All Forms of Racial Discrimination, adopted 21 Dec. 1965, 660 U.N.T.S. 195 (entered into force 4 Jan. 1969), reprinted in 5 I.L.M. 352 (1966).
129. International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976).
130. Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, U.N. ESCOR, Comm'n on Hum. Rts., 52d Sess., Agenda Item 13, U.N. Doc. E/CN.4/1996/96 (1996).
131. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, adopted 18 Dec. 1992, G.A. Res. 47/135, U.N. GAOR, 47th Sess., Annex, U.N. Doc. A/Res/47/135/Annex (1992), reprinted in 32 I.L.M. 911 (1993).
132. European Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 Nov. 1950, 213 U.N.T.S. 221, Europ. T.S. No. 5 (entered into force 3 Sept. 1953).
133. Id. art. 3.
134. Id. art. 4.
135. Id. art. 15.
136. De Zayas, supra note 6, at 245-46.
137. Declaration on Race and Racial Prejudice, adopted 1978, UNESCO, Resolution 3/1.1/2, adopted by the General Conference at its 20th Sess. (1978), reprinted in ALBERT BLAUSTEIN ET AL., HUMAN RIGHTS SOURCEBOOK 340 (1987).
138. Declaration on Race and Racial Prejudice, adopted 1978, UNESCO, Resolution 3/1.1/2, adopted by the General Conference at its 20th Sess. (1978), reprinted in ALBERT BLAUSTEIN ET AL., HUMAN RIGHTS SOURCEBOOK 340 (1987).
139. Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, U.S. Commission on Security and Cooperation in Europe, § IV ¶ 32, at 17 (June 1990), reprinted in 29 I.L.M. 1305, 1318 (1990).
140. The Framework Convention for the Protection of National Minorities, opened for signature 1 Feb. 1995, Council of Europe Parliamentary Assembly, Europ. T.S. No. 157, at arts. 5, 16, reprinted in 16 HUM. RTS. L.J. 98, 99 (1995).
141. The Framework Convention for the Protection of National Minorities, opened for signature 1 Feb. 1995, Council of Europe Parliamentary Assembly, Europ. T.S. No. 157, at arts. 5, 16, reprinted in 16 HUM. RTS. L.J. 98, 99 (1995).
142. Draft Articles on State Responsibility, Report of the International Law Commission on the Work of its 48th Session, 6 May-26 July 1996, U.N. GAOR, 51st Ses., Supp. No. 10, at 125, U.N. Doc. A/51/10 (1996) [hereinafter Draft Articles].
143. Report on an Additional Protocol on the Rights of National Minorities to the Europian Convention on Human Rights, Documents: Working Papers, 7 EUR. PARL. ASS. 44th Ordinary Sess. (4th part), Doc. No. 6742 (1993) [hereinafter Draft Minority Rights Protocol].
144. Draft Code, supra note 116. See also The Human Rights Dimensions of Population Transfer, supra note 2, at 69 ¶ 319.
145. Draft Code, supra note 116.
146. Draft Articles, supra note 117, art. 19, at 131 ¶ 3(b). See also The Human Rights Dimensions of Population Transfer, supra note 2, at 71 ¶ 325.
147. Draft Articles, supra note 117, pt. 2, art. 53, at 146. See also The Human Rights Dimensions of Population Transfer, supra note 2, at 71 ¶ 326.
148. The Human Rights Dimensions of Population Transfer, supra note 2, at 71 ¶ 327.
149. Draft Minority Rights Protocol, supra note 118, at 5 art. 11.
150. Declaration of the Principles of International Law on Mass Expulsions, cited in The Human Rights Dimensions of Population Transfer, supra note 2, at 78 ¶ 354.
151. Id.
152. Id. at 78 ¶ 356 (principle 14 of the twenty principles of international law that the Declaration enumerates).
153. See Meindersma, supra note 77, at 79.
154. See id. at 79-80.
155. The Human Rights Dimensions of Population Transfer, supra note 2, at 82.
156. Id.
157. See id. at 5.
158. Id. at 82 ¶ 374.
159. The distinction between ethnic and civic nationalism can be traced back to the works of Hans Kohn. See, e.g., HANS KOHN, THE IDEA OF NATIONALISM (1944); HANS KOHN, NATIONALISM: ITS MEANING AND HISTORY (1955). Following the end of the Cold War, this distinction was popularized by Michael Ignatieff in his BBC television series Blood and Belonging and its accompanying publication. See MICHAEL IGNATIEFF, BLOOD AND BELONGING: JOURNEYS INTO THE NEW NATIONALISM (1993).
160. The distinction between ethnic and civic nationalism can be traced back to the works of Hans Kohn. See, e.g., HANS KOHN, THE IDEA OF NATIONALISM (1944); HANS KOHN, NATIONALISM: ITS MEANING AND HISTORY (1955). Following the end of the Cold War, this distinction was popularized by Michael Ignatieff in his BBC television series Blood and Belonging and its accompanying publication. See MICHAEL IGNATIEFF, BLOOD AND BELONGING: JOURNEYS INTO THE NEW NATIONALISM (1993).
161. The distinction between ethnic and civic nationalism can be traced back to the works of Hans Kohn. See, e.g., HANS KOHN, THE IDEA OF NATIONALISM (1944); HANS KOHN, NATIONALISM: ITS MEANING AND HISTORY (1955). Following the end of the Cold War, this distinction was popularized by Michael Ignatieff in his BBC television series Blood and Belonging and its accompanying publication. See MICHAEL IGNATIEFF, BLOOD AND BELONGING: JOURNEYS INTO THE NEW NATIONALISM (1993).