Assessing Hypothetical Genocidal Intent: The UK’s Actions during the Bengal Famine in Light of the Genocide Convention

Applied-learning, analytical research essay
which will be due
Wednesday, May 8. 
Papers should have proper citations, though the specific format is left
to your preference.
  Papers should be
well researched and well-argued. 
This is expected to be a strong, legal, analytical
paper. 
The paper will be graded on the depth and quality
of your analysis, the depth and quality of your research, and the overall
strength of your writing. 


Paper Outline

1. Historical background: what happened and what the UK did with its policies
2. The Genocide Convention

A. core rule and its application (not talking about the UK-Bengal)–intent

i. Hypothetical/circumstantial proved intent
ii. Retroactive Application (treaty law–rule of nonretroactivity)

a. CIL that existed prior to Genocide Convention

iii. Retrospective Application

3. Analysis of whether UK violated the Genocide Convention rules as laid out in 2, addressing the concerns about application.

It’s not a perfect outline, but the focus is more on the rule and what it was at the time of the conduct, and whether the UK has violated it. 


Annotated (Potential) Bibliography

  1. Breman, Jan. “The Moral Economy of the Madras Famine and the British Empire.” Modern Asian Studies, vol. 35, no. 3, 2001, pp. 595-634.

  • Breman’s article offers a critical analysis of the moral economy underlying British colonial policies during famines in India, including the Madras Famine of 1876-1878. His examination sheds light on the ethical dimensions of colonial governance and its impact on famine relief efforts.


  1. Bhattacharya, Sabyasachi. “Famine in Bengal: A Contested Legacy, 1943-1945.” Oxford University Press, 2018.

  • Bhattacharya’s book provides a nuanced exploration of the Bengal Famine, challenging conventional narratives and offering fresh insights into its causes, consequences, and legacies. By examining diverse perspectives, including those of marginalized communities, Bhattacharya enriches the understanding of the famine’s complexities.


  1. Chatterjee, Partha. “The Politics of Hunger: Imperialism, Nation, and Famine.” The American Historical Review, vol. 102, no. 5, 1997, pp. 1408-1432.

  • Chatterjee’s article offers a political analysis of famine in colonial India, emphasizing the role of imperialism, nationalism, and state power in shaping famine responses. His examination highlights the intersection of economic interests, political ideologies, and humanitarian concerns during periods of crisis.


  1. Mamdani, Mahmood. “When Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda.” Princeton University Press, 2002.

  • This book provides insights into the relationship between colonialism and genocide, offering a theoretical framework for analyzing genocidal violence in colonial contexts.


  1. Naimark, Norman M. “Genocide: A World History.” Oxford University Press, 2017.

  • Naimark’s comprehensive study offers a global perspective on genocide throughout history, providing valuable insights into the legal, historical, and social dimensions of genocide.


  1. Sarkar, Sumit. “Modern India: 1885-1947.” Macmillan, 1989.

  • Sarkar’s work provides a detailed examination of modern Indian history, including the Bengal Famine of 1943. It offers valuable historical context for understanding the events surrounding the famine.


  1. Schabas, William A. “Genocide in International Law: The Crime of Crimes.” Cambridge University Press, 2009.

  • Schabas’ seminal work explores the legal definition of genocide and its application in international law. It provides a comprehensive overview of the Genocide Convention and its significance in addressing mass atrocities.


  1. Sen, Amartya. “Poverty and Famines: An Essay on Entitlement and Deprivation.” Oxford University Press, 1983.

  • Sen’s influential work examines the causes of famines, including the Bengal Famine of 1943. It offers important insights into the socio-economic factors contributing to food insecurity and famine vulnerability.

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