Genocide Convention - laws against it

 

https://www.law.cornell.edu/uscode/text/18/1091

(a) Basic Offense

Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such

(1)  kills members of that group;

(2)  causes serious bodily injury to members of that group;

(3)  causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4)  subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5)  imposes measures intended to prevent births within the group; or

(6)  transfers by force children of the group to another group;

shall be punished as provided in subsection (b).

(b)  Punishment for Basic Offense

The punishment for an offense under subsection (a) is

(1)  in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

(2)  a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

(c) Incitement Offense

Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d) Attempt and Conspiracy

Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(e) Jurisdiction

There is jurisdiction over the offenses described in subsections (a), (c), and (d) if

(1)  the offense is committed in whole or in part within the United States; or

(2)  regardless of where the offense is committed, the alleged offender is

(A)  a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(B)  an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(C)  a stateless person whose habitual residence is in the United States; or

(D)  present in the United States.

(f) Nonapplicability of Certain Limitations

Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045; amended Pub. L. 103–322, title VI, § 60003(a)(13), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 107–273, div. B, title IV, § 4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808; Pub. L. 110–151, § 2, Dec. 21, 2007, 121 Stat. 1821; Pub. L. 111–122, § 3(a), Dec. 22, 2009, 123 Stat. 3481.)

The Genocide Convention

https://www.un.org/en/genocideprevention/genocide-convention.shtml

Background

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide. The Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations on 9 December 1948 and signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War. Its adoption marked a crucial step towards the development of international human rights and international criminal law as we know it today.

According to the Genocide Convention, genocide is a crime that can take place both in time of war as well as in time of peace. The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the 1998 Rome Statute of the International Criminal Court (ICC). Learn more about the definition of the crime of genocide.

Importantly, the Convention establishes on State Parties the obligation to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV). That obligation, in addition to the prohibition not to commit genocide, have been considered as norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.

...

States' obligations under the Genocide Convention

Obligation not to commit genocide (Article I as interpreted by the ICJ)

Obligation to prevent genocide (Article I) which, according to the ICJ, has an extraterritorial scope;

Obligation to punish genocide (Article I);

Obligation to enact the necessary legislation to give effect to the provisions of the Convention (Article V);

Obligation to ensure that effective penalties are provided for persons found guilty of criminal conduct according to the Convention (Article V);

Obligation to try persons charged with genocide in a competent tribunal of the State in the territory of which the act was committed, or by an international penal tribunal with accepted jurisdiction (Article VI);

Obligation to grant extradition when genocide charges are involved, in accordance with laws and treaties in force (Article VII), particularly related to protection granted by international human rights law prohibiting refoulment where there is a real risk of flagrant human rights violations in the receiving State.

https://www.un.org/en/genocideprevention/genocide.shtml

Convention on the Prevention and Punishment of the Crime of

Genocide

https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf

Sincerely yours,

/s/ Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, Civil RICO: 18 U.S.C. 1964;

Agent of the United States as Qui Tam Relator (4X),

Federal Civil False Claims Act: 31 U.S.C. 3729 et seq.

All Rights Reserved ( cf. UCC 1-308 https://www.law.cornell.edu/ucc/1/1-308 )