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

38

6

1 Code, when the offense has been committed outside the

2

3

4

5

6

7

8

United States, and

(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.

41

TEXT OF RESOLUTION OF RATIFICATION

Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the International Convention on the Prevention and Punishment of the Crime of Genocide, adopted unanimously by the General Assembly of the United Nations in Paris on December 9, 1948, and signed on behalf of the United States on December 11, 1948 (Executive O, Eighty-first Congress, first session) subject to the following understandings and declaration:

1. That the United States Government understands and construes the words "intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such" appearing in article II, to mean the intent to destroy a national, ethnical, racial, or religious group by the acts specified in article II in such manner as to affect a substantial part of the group concerned.

2. That the United States Government understands and construes the words "mental harm” appearing in article II (b) of this Convention to mean permanent impairment of mental faculties.

3. That the United States Government understands and construes article VI of the Convention in accordance with the agreed language of the Report of the Legal Committee of the United Nations General Assembly that nothing in article VI shall affect the right of any State to bring to trial before its own tribunals any of its nationals for acts committed outside the United States.

4. That the United States Government declares that it will not deposit its instrument of ratification until after the implementing legislation referred to in article V has been enacted.