Obrázky stránek
PDF
ePub

4

1

2

3

4

5

6

7

8

9

10

11

12

233

13

tion to psychological or psychiatric treatment calculated to permanently impair the mental processes, or nervous system, or motor functions of such members;

"(4) subjects the group to cruel, unusual, or inhumane conditions of life calculated to bring about the physical destruction of the group or a substantial part thereof;

"(5) imposes measures calculated to prevent birth within the group as a means of effecting the destruction of the group as such; or

"(6) transfers by force the children of the group to another group, as a means of effecting the destruction of the group as such.

14 "(b) Whoever is guilty of genocide or of an attempt to 15 commit genocide shall be fined not more than $20,000, or 16 imprisoned for not more than twenty years, or both; and if 17 death results shall be subject to imprisonment for any term 18 of years or life imprisonment. Whoever directly and publicly 19 incites another to commit genocide shall be fined not more 20 than $10,000 or imprisoned not more than five years, or both. "(c) The intent described in subsection (a) of this 22 section is a separate element of the offense of genocide. It 23 shall not be presumed solely from the commission of the act 24 charged.

21

25

"(d) If two or more persons conspire to violate this

37

5

1 section, and one or more of such persons does any act to 2 effect the object of the conspiracy, each of the parties to such 3 conspiracy shall be fined not more than $10,000 or impris4 oned not more than five years or both.

5

"(e) The offenses defined in this section, wherever

6 committed, shall be deemed to be offenses against the United 7 States.".

8 (b) The analysis of title 18, United States Code, is

9 amended by adding after the item for chapter 50 the follow

10 ing new item:

11

"50A. Genocide

1091".

SEC. 2. The remedies provided in this Act shall be the 12 exclusive means of enforcing the rights based on it, but 13 nothing in the Act shall be construed as indicating an intent 14

on the part of the Congress to occupy, to the exclusion of 15 State or local laws on the same subject matter, the field in 16 which the provisions of the Act operate nor shall those pro17 visions be construed to invalidate a provision of State law 18 unless it is inconsistent with the purposes of the Act or the 19 provisions of it.

20

SEC. 3. It is the sense of the Congress that the Secretary 21 of State in negotiating extradition treaties or conventions 22 shall reserve for the United States the right to refuse extra23 dition of a United States national to a foreign country for an 24 offense defined in chapter 50A of title 18, United States

6

1 Code, when the offense has been committed outside the

2 United States, and

3

4

5

6

7

8

(a) where the United States is competent to prosecute the person whose surrender is sought, and intends

to exercise its jurisdiction, or

(b) where the person whose surrender is sought has

already been or is at the time of the request being prosecuted for such offense.

39

LIST OF NATIONS WHICH HAVE RATIFIED THE

CONVENTION OF THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

Adopted by the General Assembly of the United Nations on 9 December 1948

Entry into force: 12 January 1951, in accordance with article XIII.

[blocks in formation]
[blocks in formation]
« PředchozíPokračovat »