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Joseph Lemkin. Photo courtesy of Joseph Lemkin.<\/p>\n Joseph Lemkin. Photo courtesy of Joseph Lemkin.<\/p>\n
A relative of Raphael Lemkin, the Jewish Polish lawyer known for coining the term \u201cgenocide,\u201d has undertaken legal action to get the family name removed from the Philadelphia-based Lemkin Institute for Genocide Prevention, saying that the organization is misrepresenting the lawyer\u2019s legacy.<\/p>\n
Joseph Lemkin, who is the first cousin once removed of Raphael Lemkin, has partnered with the European Jewish Association and obtained legal counsel to push back on the institute\u2019s use of the family name.<\/p>\n
\u201cThey\u2019re using the definition of genocide for antisemitic and anti-Israel purposes,\u201d Joseph Lemkin told Philadelphia Jewish Exponent. \u201cThe only thing that bothers me is that they, from my perspective, appropriated the name, or are using the name contrary to what I or most family members believe would have been the beliefs of Raphael Lemkin.\u201d<\/p>\n
Lemkin previously sent a letter to Pennsylvania Gov. Josh Shapiro asking his administration to investigate if the institute is improperly using the Lemkin name and likeness, and to require the organization to stop using the name and take \u201cany further appropriate action to protect the public from further confusion.\u201d<\/p>\n
The letter says the institute is \u201crooted in anti-Israel advocacy,\u201d and accused the organization of using the Lemkin name without authorization to raise funds.<\/p>\n
The Lemkin Institute was founded in 2021 after expanding from the Iraq Project for Genocide Prevention and Accountability, an organization launched in 2017 to help Iraq build genocide-prevention capabilities, according to the organization\u2019s website.<\/p>\n
The website states that the institution\u2019s mission is \u201cconnecting the global grassroots with the tools of genocide prevention.\u201d<\/p>\n
The institute has issued several statements accusing Israel of committing genocide against the Palestinians in Gaza and the West Bank, along with criticizing the U.S. and other Western countries for complicity.<\/p>\n
Alan Milstein, Joseph Lemkin\u2019s attorney in this dispute, said that the issue is not whether an organization can criticize Israel or say that Israel is committing genocide, but whether it can use Raphael Lemkin\u2019s name to do so.<\/p>\n
\u201cIf they want to call themselves the Anti-Genocide Institute, fine, but they shouldn\u2019t be able to use the Lemkin name, as if Lemkin somehow is OK with these attacks on Israel,\u201d Milstein said.<\/p>\n
Milstein added that the family believes Raphael Lemkin was a staunch Zionist and would not approve of his name being attached to the institute\u2019s positions.<\/p>\n
\u201cThere are so many names they could use. They could go on spouting whatever they want to spout. Obviously, no one can control that, but that\u2019s the only simple goal I have, to protect the family name and protect Raphael\u2019s reputation posthumously,\u201d Joseph Lemkin said.<\/p>\n
The Lemkin Institute recently responded to the letter sent to Gov. Shapiro\u2019s administration by Joseph Lemkin\u2019s representatives, rejecting claims that it is violating laws by using the name.<\/p>\n
The institute said the letter is \u201cdefamatory and wrong on many fronts,\u201d including on claims that they \u201cdefend Hamas, back Hezbollah and \u2018target\u2019 the United States,\u201d its leaders wrote.<\/p>\n
\u201cThe use of this inflammatory language can only be interpreted as a dog whistle within the context of growing authoritarianism in the U.S. targeting, among other things, organizations raising the alarm about red flags for genocide in Israel and the USA,\u201d the institute wrote. \u201cWe believe that this is a coordinated effort by genocide deniers who wish to bully and shut down free speech and genocide prevention work impacting Israel.\u201d<\/p>\n
The institute said in the first outreach done by Joseph Lemkin\u2019s previous attorneys, before he switched legal representation earlier this year, it responded by indicating that it was open to changing the name but wanted to hear more about the laws it allegedly violated.<\/p>\n
The institute wrote that it received no response to its questions and accused Joseph Lemkin and the EJA of having \u201cchosen to take a political path by forcing this issue with the PA authorities and the US and Israeli press.\u201d<\/p>\n
The institute\u2019s statement adds that it has the support of a Lemkin family member named Peter Lemkin, \u201cin whose childhood home Raphael Lemkin was a frequent visitor.\u201d<\/p>\n
Joseph Lemkin said that Peter Lemkin speaks for himself and does not represent the position of the family at large.<\/p>\n
\u201cWe have many other Lemkin [family members] and more distant Lemkins and many other Jewish institutions that are firmly against his position and the Lemkin Institute\u2019s position,\u201d Joseph Lemkin said.<\/p>\n
The letter is just the first step, according to Milstein. If the state government doesn\u2019t act, he said, they will file a complaint under the concept of post-mortem right to publicity.<\/p>\n
Milstein explained that states have different laws around post-mortem publicity, which covers the rights of the deceased to not have their name or other likeness used for varying time periods after death.<\/p>\n
Milstein said that, if the state does not act, he and Joseph Lemkin will bring the lawsuit in the coming weeks.<\/p>\n