CONTENTS Statements by: Deutsch, Eberhard P., in behalf of the American Bar Association, Ervin, Hon. Sam J., Jr., U.S. Senator from North Carolina_ Long, Hon. Russell B., U.S. Senator from Louisiana_. INSERTIONS FOR THE RECORD "The Genocide Convention-Why the Senate Should Refuse To Ratify It," Statement by Senator Sam J. Ervin, Jr., Congressional Record, "The Genocide Convention: Its Effect On Our Legal System," article by Letter to Senator Church from Edward L. Wright, president, American Bar Association, March 17, 1971_. Letter to Senator Church from Arthur J. Goldberg, March 23, 1971--- Prepared Statement of Alfred J. Schweppe__ Statement of Dean Rusk, Deputy Under Secretary of State, before the Genocide Subcommittee January 23, 1950-Excerpt_. Excerpt from "Background Information on the Committee on Foreign Relations, United States Senate," Printed for the use of the Committee on Foreign Relations, February 1968, "reservations, understandings, Letter and enclosure to Senator Fulbright from David M. Abshire, As- sistant Secretary of State for Congressional Relations, dated March 26, Prepared Statement of Hon. Arthur J. Goldberg on behalf of the Ad Hoc Committee on the Human Rights and Genocide Treaties___. Letter to Senator Cooper from former Senator John W. Bricker, dated Supplemental statement by Alfred J. Schweppe and Eberhard P. Deutsch in behalf of the American Bar Association_. Report by the Section of Individual Rights and Responsibilities of the American Bar Association, recommending ratification of the Genocide Report and Recommendations of the Standing Committee on World Order Through Law of the American Bar Association on the Genocide Con- Resolution No. 398 of the 1970 National Convention of the American Letter and Enclosure to Senator Church from Howard B. Hill, Columbia GENOCIDE CONVENTION WEDNESDAY, MARCH 10, 1971 UNITED STATES SENATE, SUBCOMMITTEE ON GENOCIDE CONVENTION OF THE COMMITTEE ON FOREIGN RELATIONS, The subcommittee met, pursuant to notice, at 10 a.m., in room 4221, New Senate Office Building, Senator Frank Church (chairman of the subcommittee) presiding. Present: Senators Church, Fulbright, Symington, Pell, Aiken, Case, Cooper, Javits and Scott. Also present: Senators Ervin and Long. Senator CHURCH. The hearing will please come to order. The Chair would first like to recognize Senator Ervin and welcome him to the committee again on this important subject. STATEMENT OF SENATOR SAM J. ERVIN, JR. Senator ERVIN. Thank you, Mr. Chairman. As you will recall, I appeared before this committee last year in opposition to the Genocide Convention, and I subsequently put the substance of my remarks in the record in a Senate speech. I would like to ask that the committee receive this speech and print it as part of the hearing record, so that it will be available to the members of the Senate when they consider this question. Senator CHURCH. The speech will be received and incorporated at an appropriate place in the record. Senator ERVIN. Thank you very much. [From the Congressional Record, May 25, 1970] THE GENOCIDE CONVENTION-WHY THE SENATE SHOULD REFUSE TO RATIFY IT Mr. ERVIN. Mr. President, it would be extremely unwise for the Senate of the United States to ratify the Genocide Convention. This is particularly true at a time when it is manifest that a substantial part of the American people wish to contract rather than expand their international obligations. HISTORY OF THE GENOCIDE CONVENTION During the 1940's activists connected with the United Nations engaged in a strenuous effort to establish by treaties laws to supersede domestic laws of nations throughout the earth. The Genocide Convention represents one of these efforts. It originated in a resolution of the United Nations condemning genocide as a crime whether "committed on religious, racial, political, or any other grounds." When reduced to its final form it excluded genocide committed on "political" grounds because some of the parties to it did not wish to surrender even nominally their right to exterminate political groups hostile to their rulers. Under its provisions, individuals as well as persons exercising governmental power would be subject to trial and punishment for offenses which have always been regarded as matters falling within the domestic jurisdiction of the various nations. The Genocide Convention was adopted by the General Assembly of the United Nations on December 10, 1948, and was submitted by President Harry S. Truman to the Senate for its consideration on June 16, 1949. The Senate Foreign Relations Committee appointed a subcommittee composed of very able Senators, who conducted hearings in January and February 1950, and reported to the full committee that the United States should not ratify the convention in any event unless the Senate adopted four substantial understandings and one substantial declaration. Since this report was made, the Senate Foreign Relations Committee and the Senate itself by inaction have refused to ratify this convention. In contrast to the attitude represented by this inaction during the preceding 20 years, the Senate Foreign Relations Committee has apparently revived the question of ratificaion during the past few months notwithstanding the fact that there has been no change of circumstances which would make what was unwise in 1950 wise in 1970. The only argument now advanced for ratification of this convention is that it would improve the image of the United States in the eyes of Russia and other totalitarian parties to the convention, which strange to say have repudiated by understanding and reservations many of the provisions of the convention. For example, these nations refuse to be bound by article IX which subjects their actions under it to the jurisdiction of the International Court of Justice. Some of the proponents of ratification by the Senate advance the rather strange argument that the United States can safely ratify the convention because there is no effective way to enforce its provisions against the United States if the United States refuses to abide by them. I cannot buy this argument because I think that any nation which makes a contract in the form of a treaty should accept its obligations even in the event such obligations prove to be contrary to its own interest. Otherwise, why make treaties. Before discussing the obligations which the United States would assume as the result of Senate ratification of the Genocide Convention, I wish to call attention to its salient provisions. PROVISIONS OF THE GENOCIDE CONVENTION By the Genocide Convention or treaty the contracting parties affirm in article I "that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish." Articles II and III of the convention reads: "Article II "In the present convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or re ligious group, as such : "(a) Killing members of the group; "(b) Causing serious bodily or mental harm to members of the group; "(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; "(d) Imposing measures intended to prevent births within the group; "(e) Forcibly transferring children of the group to another group. "Article III "The following acts shall be punishable: "(a) Genocide; "(b) Conspiracy to commit genocide; "(c) Direct and public incitement to commit genocide; "(d) Attempt to commit genocide; "(e) Complicity in genocide." Article IV specifies that "persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals." |