Genocide has a way of imposing silence. Part of its purpose is to erase history, and human voices. This series of three volumes aims to contribute to breaking the silence that so often follows genocidal outbreaks. These volumes attempt to document and understand this global phenomenon. The term “genocide,” as a way of describing the “practice of extermination of nations and ethnic groups,” was coined in 1943, when Raphael Lemkin (1900-1959) penned the preface to his 1944 book Axis Rule in Occupied Europe. Five years later the United Nations General Assembly unanimously adopted the Genocide Convention. But Lemkin considered genocide to have much older roots. He had set about writing – but did not complete before his death – a three-volume history of genocide from ancient times, in which he argued that the phenomenon had “followed humanity throughout history.”

This chapter examines mass killing, ‘extermination’ and ‘genocide’ in Chinese history, focusing on the Warring States period and early empires. The Chinese language contains many words for ‘attack’, ‘kill’, ‘extermination’, ‘eradication’, and ‘destruction’ of the enemy. The concept of ‘genocide’ is rendered as ‘extermination’ of an ethnic group. Mass killing was facilitated by China’s precocious development of the technology of rule, especially national conscription and centralized administration. As early as 268 BCE, the state of Qin articulated and practiced an official policy of conquest by ‘attacking not only territory but also people’ to ensure that rival states and their populations could not recover. The Western Han dynasty massacred the Xiongnu in 133-91 BCE and beyond, while the Eastern Han dynasty exterminated the Qiang in 169. Ran Min of a later divided era launched ‘execution of the Jie and extermination of their kind’ in 350. The recurrence of mass killing did not end with the fall of the last dynasty in 1911. The ‘megamurderers’ Chiang Kai-shek and Mao Zedong created ‘China’s bloody twentieth century’ by killing 10.2 million in 1921-48 and 37.8 million in 1923-76, respectively.

The chapter surveys crimes against humanity and genocide in the conflict. The authors provide a legal conceptual analysis of the two different international crimes – which share common features distinguishing them from ordinary crimes and yet are also legally distinguished from each other. Moodrick-Even Khen and Siman focus on specific conduct that form two of the most documented crimes in the Syrian conflict: the crimes against humanity of torture and extermination of prisoners in detention facilities of the Syrian government; and the genocide of the Yazidis committed by ISIS. The legal analysis is used to explain who, among the various parties to the conflict in Syria, is responsible for each crime and the justifications for the allegations against each party.