FW: [blackfootnation] A matter of Genocide - Text of 1948 UN Convention on Genocide

Craven, Jim jcraven at SPAMclark.edu
Mon Jan 29 11:12:14 MST 2001








-----Original Message-----
From: Long Standing Bear Chief [mailto:blackfoot at bigplanet.com]
Sent: Friday, January 26, 2001 2:01 PM
To: blackfootnation at yahoogroups.com
Subject: [blackfootnation] A matter of Genocide - Text of 1948 UN Convention
on Genocide


 This is the follow up to the previous e-mail pertaining to Genocide. Please
read in context with the letter addressed to Judie Cyr, Postmaster at
Toppenish, WA
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Convention on the Prevention and Punishment of the Crime of
Genocide<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />


Approved and proposed for signature and ratification or accession by
General Assembly resolution 260 A (III) of 9 December 1948


entry into force 12 January 1951, in accordance with article XIII


status of  <http://www.unhchr.ch/html/menu3/b/treaty1gen.htm> ratifications



The Contracting Parties,


Having considered the declaration made by the General Assembly of the United
Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a
crime under international law, contrary to the spirit and aims of the United
Nations and condemned by the civilized world,

Recognizing that at all periods of history genocide has inflicted great
losses on humanity, and

Being convinced that, in order to liberate mankind from such an odious
scourge, international co-operation is required,

Hereby agree as hereinafter provided:


Article 1


The Contracting Parties confirm 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.


Article 2


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 religious 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 3


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 4


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.


Article 5


The Contracting Parties undertake to enact, in accordance with their
respective Constitutions, the necessary legislation to give effect to the
provisions of the present Convention, and, in particular, to provide
effective penalties for persons guilty of genocide or any of the other acts
enumerated in article III.


Article 6


Persons charged with genocide or any of the other acts enumerated in article
III shall be tried by a competent tribunal of the State in the territory of
which the act was committed, or by such international penal tribunal as may
have jurisdiction with respect to those Contracting Parties which shall have
accepted its jurisdiction.


Article 7


Genocide and the other acts enumerated in article III shall not be
considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition
in accordance with their laws and treaties in force.


Article 8


Any Contracting Party may call upon the competent organs of the United
Nations to take such action under the Charter of the United Nations as they
consider appropriate for the prevention and suppression of acts of genocide
or any of the other acts enumerated in article III.


Article 9


Disputes between the Contracting Parties relating to the interpretation,
application or fulfilment of the present Convention, including those
relating to the responsibility of a State for genocide or for any of the
other acts enumerated in article III, shall be submitted to the
International Court of Justice at the request of any of the parties to the
dispute.


Article 10


The present Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall bear the date of 9 December 1948.



Article 11


The present Convention shall be open until 31 December 1949 for signature on
behalf of any Member of the United Nations and of any nonmember State to
which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of
any Member of the United Nations and of any non-member State which has
received an invitation as aforesaid. Instruments of accession shall be
deposited with the Secretary-General of the United Nations.


Article 12


Any Contracting Party may at any time, by notification addressed to the
Secretary-General of the United Nations, extend the application of the
present Convention to all or any of the territories for the conduct of whose
foreign relations that Contracting Party is responsible.


Article 13


On the day when the first twenty instruments of ratification or accession
have been deposited, the Secretary-General shall draw up a process-verbal
and transmit a copy thereof to each Member of the United Nations and to each
of the non-member States contemplated in article 11.

The present Convention shall come into force on the ninetieth day following
the date of deposit of the twentieth instrument of ratification or
accession.

Any ratification or accession effected, subsequent to the latter date shall
become effective on the ninetieth day following the deposit of the
instrument of ratification or accession.


Article 14


The present Convention shall remain in effect for a period of ten years as
from the date of its coming into force.

It shall thereafter remain in force for successive periods of five years for
such Contracting Parties as have not denounced it at least six months before
the expiration of the current period.

Denunciation shall be effected by a written notification addressed to the
Secretary-General of the United Nations.


Article 15


If, as a result of denunciations, the number of Parties to the present
Convention should become less than sixteen, the Convention shall cease to be
in force as from the date on which the last of these denunciations shall
become effective. Article 16

A request for the revision of the present Convention may be made at any time
by any Contracting Party by means of a notification in writing addressed to
the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in
respect of such request.


Article 17


The Secretary-General of the United Nations shall notify all Members of the
United Nations and the non-member States contemplated in article XI of the
following:

(a) Signatures, ratifications and accessions received in accordance with
article 11;

(b) Notifications received in accordance with article 12;

(c) The date upon which the present Convention comes into force in
accordance with article 13;

(d) Denunciations received in accordance with article 14;

(e) The abrogation of the Convention in accordance with article 15;

(f) Notifications received in accordance with article 16.


Article 18


The original of the present Convention shall be deposited in the archives of
the United Nations.

A certified copy of the Convention shall be transmitted to each Member of
the United Nations and to each of the non-member States contemplated in
article XI.


Article 19


The present Convention shall be registered by the Secretary-General of the
United Nations on the date of its coming into force.




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