[net.politics] More on the Genocide Treaty

trb@drutx.UUCP (BuckleyTR) (05/01/85)

The following editorial, by Senator Orrin G. Hatch (R-Utah), appeared
in the Rocky Mountain News in Denver on Wednesday, May 1, 1985, under
the headline "Genocide treaty carries a concealed dagger."  It is
reprinted here without permission. A few of my comments follow.
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  The Senate should proceed with upmost caution next week when the
  Genocide Convention comes up for ratification for the sixth time
  since it was proposed in 1949.  Today, as before, there is every
  reason to reject the treaty in its current form, which could so
  easily play into the hands of those hostile nations that wish to
  make trouble for America and its allies.

  Consider the following scenario.  The year is 1990.  Israeli
  Defense Minister Yaakov Levin, in New York City to make a speech
  before B'nai B'rith, has been arrested in the lobby of his hotel
  on a federal warrant charging him with genocide against the
  Palestinian inhabitants of the West Bank.  The warrant was issued
  by the U.S Attorney's Office upon a complaint filed by the United
  Nations Secretary General.  After arraignment, he is to be turned
  over to the International Genocide Penal Tribunal at the United
  Nations.

  The defense minister will be held incommunicado, for under the
  Genocide Convention there is no right to bail, no probable-cause
  hearing and no due-process protections afforded to defendants.  He
  personally is charged with genocide, since according to the
  convention only individuals can commit such acts.  Governments are
  exempt from liability and cannot even be accused of complicity.

  The particular crimes in question are: causing serious bodily and
  mental harm (undefined), deliberately inflicting conditions of
  life calculated to bring about the destruction of the Palestinian
  people in whole or in part and forcibly transferring Palestinian
  children from the West Bank.  There are additional counts of
  conspiracy, incitement, attempt and complicity.

  The defense minister is accorded no presumption of innocence.  He
  has no immunity as a government official and will be given the
  right to an attorney, not necessarily one of his own choosing, but
  does not have to testify on his own behalf.  He does not have a
  right to confront his accusers, cannot prevent heresay evidence
  from being introduced, has no fundamental fairness protections in
  court procedure and does not have to be proved guilty beyond a
  reasonable doubt.

  He has no right to a jury trial and, if convicted, will not be
  able to make use of any appellate review process.  He cannot be
  released, even temporarily, by means of habeas corpus, since that
  doctrine does not apply under the Tribunal Statute.  He cannot
  prevent extradition to the U.N. custodial authorities, for the
  executive agreement binding the United States to the Genocide
  Tribunal discarded traditional American extradition protections
  and bound us to deliver any accused person to U.N. authorities for
  trial.

  After a three-week media extravaganza, the defense minister is
  convicted on all counts by a 13-2 vote - unanimity is not required
  - with only the American and Zairian judges finding in his favor.
  He is sentenced to life imprisonment and transferred to Syria.

  Israel, in the meantime, dramatically withdraws from the United
  Nations, angrily accusing the United States of betrayal.  When
  Syria does not meet Israeli demands for return of the imprisoned
  minister, Israel mobilizes its army, and within days another
  Arab-Israeli conflict has begun.  The Soviet Union immediately
  threatens the United States with retaliation.  Israel is then
  declared an outlaw state in an overwhelming vote by the General
  Assembly, which calls upon all members to assist Syria.

  U.S. approval of the convention, as endorsed and interpreted by
  the Reagan administration, could lead to this sort of fantasy
  becoming harsh reality.  This must not be permitted, for the sake
  of our own national interests and world stability.  We are all
  opposed to genocide, in any form, but the Genocide Convention, as
  proposed, is unacceptable.

  				Orrin G. Hatch

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I have posted articles on this net in the past on the dangers of the
Genocide treaty, and I felt this article presented a realistic
scenario, given the provisions of the treaty.

Note the paragraph that says, "Governments are exempt from liability
and cannot even be accused of complicity."  Scholars of this treaty
for many years have been warning that this theme of the convention
means the Third Reich would not have been accused of genocide, in
fact, COULD NOT have been accused.

The atrocities of the Red Chinese in the slaughter of some 60 million
of its citizens would not be considered genocide. Likewise, the
Cambodian Regime of Pol Pot could not have been accused, the Vietnamese
regime could not be accused, the genocide of the Soviets against the
Afganis would not be considered genocide. In fact, the only persistent
perpetrators of genocide, the Communist governments, could never be
found guilty of genocide, as not only are governments not liable, but
"political" crimes are exempted (this was a clause the Soviets
demanded in 1949).

Not surprisingly, all the Communist governments have heartily approved
the genocide treaty.  Some of the non-communist countries have, after
adding extensive amendments and revisions, and other governments have
rejected even those changes.

The Supreme Court has ruled that a treaty, like this convention,
overrides the Constitution.  An American accused of genocide would not
be afforded the protections of the Constitution, and the scenario
described above could become a harsh reality for him or her.

Please ask your Senators to vote against ratification of the Genocide
Convention.  If you would like a copy of the complete text of the
convention, I will send one for an SASE.  If you have any questions
about the convention, please send e-mail, write, or call me!

Tom Buckley
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