For the United Kingdom of Great Britain and Northern Ireland:

Assistant Secretary-General in charge of the Legal Department.

94TH CONGRESS

2D SESSION

33

IMPLEMENTING LEGISLATION

S. 3155

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1976

Mr. HUGH SCOTT (for himself and Mr. Javròs) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To implement the Convention on the Prevention and Punishment of the Crime of Genocide.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That (a) title 18, United States Code, is amended by adding 4 after chapter 50 the following new chapter:

8

"(1) 'National group' means a set of persons whose

9 identity as such is distinctive in terms of nationality or

2

1 national origins from the other groups or sets of persons

2 forming the population of the nation of which it is a part

3

or from the groups or sets of persons forming the interna4 tional community of nations.

5

"(2) Ethnic group' means a set of persons whose 6 identity as such is distinctive in terms of its common cultural 7 traditions or heritage from the other groups or sets of persons

8 forming the population of the nation of which it is a part or

9

from the groups or sets of persons forming the international 10 community of nations.

11

“(3) Racial group' means a set of persons whose iden12 tity as such is distinctive in terms of race, color of skin, or 13 other physical characteristics from the other groups or sets 14 of persons forming the population of the nation of which 15 it is a part or from the groups or sets of persons forming 16 the international community of nations.

17

"(4) Religious group' means a set of persons whose 18 identity as such is distinctive in terms of its common reli19 gious creed, beliefs, doctrines, or rituals from the other 20 groups or sets of persons forming the population of the na21 tion of which it is a part or from the groups or sets of 22 persons forming the international community of nations.

23

"(5) 'Substantial part' means a part of the group of 24 such numerical significance that the destruction or loss of

35

3

that part would cause the destruction of the group as a

2 viable entity.

3

"(6) Children' means persons who have not attained

4 the age of eighteen and who are legally subject to the care, 5 custody, and control of their parents or of an adult of the 6 group standing in loco parentis.

7 "§ 1092. Genocide

8

9

"(a) Whoever, being a national of the United States

or otherwise under or within the jurisdiction of the United 10 States, willfully without justifiable cause, commits, within 11 or without the territory of the United States in time of 12 peace or in time of war, any of the following acts with the 13 intent to destroy by means of the commission of that act, or with the intent to carry out a plan to destroy, the whole

14

or a substantial part of a national, ethnic, racial, or religious

group

shall be guilty of genocide:

"(1) kills members of the group;

"(2) causes serious bodily injury to members of the

group;

"(3) causes the permanent impairment of the mental faculties of members of the group by means of torture, deprivation of physical or physiological needs, surgical operation, introduction of drugs or other foreign substances into the bodies of such members, or subjec