Page Two
THE NEW BERN MIRROR, NEW BERN, N. C.
Friday, June 5, 1970
The Senate may be called
upon soon to ratify the Geno
cide Convention, a treaty which
was adopted by the General
Assembly of the United Na
tions on December 10, 1948,
and which was submitted by
President Truman to the Sen
ate for its consideration on June
16,1949.
Shortly thereafter, the Sen
ate Foreign Relations Com
mittee appointed a subcommit
tee composed of very able Sen
ators who conducted hearings
on the treaty, and reported to
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the full committee that the
United States should not ratify
the treaty in any event unless
the Senate adopted four sub
stantial understandings and one
substantial declaration- In es
sence, these reservations
sought to clarify some of the
vargaries of the treaty that
are shrouded in undertainty.
Since this report was made,
the Senate Foreign Relations
Committee and the Senate it
self by inaction have refused
to ratify this treaty.
Recently, however, the Sen
ate Foreign Relations Com
mittee has revived the issue of
ratification and notwithstand
ing that there has been a
substantial change of circum
stances which would make what
was unwise in 1950 to be wise in
1970, the treaty may come be
fore the Senate soon.
Basically, the treaty makes
genocide a punishable crime
under international law- When
a nation ratifies the treaty,
persons charged with genocide
or anyofthe other acts enumer
ated in this document would be
subject to a criminal trial in
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a tribunal in his own nation or
a foreign nation. Such a tribunal
would have Jurisdiction over
constitutionally responsible
rulers, public officials, and
private individuals who are ac
cused of committing genocide
or any other acts enumerated in
the treaty.
I certainly donotquestionthe
good intentions of those who
drafted the Genocide Treaty or
those who favor its ratifica
tion, yet it seems to me that
the Senate should notpermit it
self to be persuaded by the good
intentions of the proponents of
this treaty to radically alter our
entire constitutional system of
government at a time when it is
manifest that a substantial
number of the American people
do not wish to expand their
international obligations and at
a time when the existing laws of
the United States and its sev
eral States are adequate to
punish all of the physical acts
of violence denounced by the
Genocide Treaty. I am con
cerned, too, that in ratifying the
treaty we shall place Ameri
cans on trial at the mercy of
foreign tribunals which maynot
operate under the "due pro
cess" safeguards accorded to
the accused under our legal
system.
Witness what would happen
if the Senate should ratify the
Genocide TYeaty during our
present intervention in South
east Asia. American soldiers
fighting under our flag could be
tried and punished in a foreign
court — even in courts of our
warring enemy — for killings
and woundings of members of
the military forces of our war
ring enemy. Hius, American
soldiers and pilots who kill and
wound North Vietnamese sold
iers or members of the Vlet-
cong might be subject to trial
and punishment by a new court
established pursuant to this
treaty.
Moreover, the ratification of
the treaty raises many other
serious legal Issues about the
jurisdiction of our federal and
state courts in respect to vir
tually every alleged homi
cide. It is interesting to note
that the American Bar Associa
tion has twice urged the Senate
to reject the Genocide Treaty —
once in 1949 and again in 1970.
Strangely enough, the chief
reason cited by proponents for
the ratification of the treaty is
that it will improve our image
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in the eyes of Russia and other
totalitarian parties to the treaty
and that this should be enough.
This is dubious logic, but more
important, it ignores all of the
major condderatlons which
ought to aeter tne Senate from
ratifying this treatv.
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