The GENOCIDE
Treaty
Treaty
But now we have a new international law governing nearly every civilized nation on earth,—that is able to charge innocent citizens with “genocide” for having done something that a national government considers harmful to other religions!
On December 11, 1946, the United Nations General Assembly voted unanimously to declare genocide as a crime under international law. Nearly a year later, on December 9, 1947, the same assembly unanimously adopted what isknown as the “Genocide Treaty.”
Because of obvious omissions and inherent dangers in that treaty, the United States did not ratify that treaty for decades afterward. Finally, 40 years later, under immense political pressure from various sources, the United Sates approved it on February 19, 1988
Nearly eight months later, on October
14, 1988 , the Senate gave final approval to the treaty as they
enacted certain
legislation which would impose extremely heavy penalties to
those found guilty of violating that treaty. The Genocide
Treaty (also called the “Genocide Convention”) was signed by
President Reagan on November 11. On December
9, 1988 , the treaty was ratified by the United
States of America —and became an important law
of the land—when it was formally filed by a representative of the United
States president at the United Nations
headquarters in Lake Success , New
York . In an official ceremony, before all the delegates
in the General Assemble Hall, the document was handed to the secretary general
of the United Nations.
And, because it is now on the statute books of 96 different
nations of earth,—the Genocide Treaty has become the first worldwide man-made
law in the history of mankind! Why was the United
States hesitant for so many years to adopt the
provisions of that treaty as a law governing people of the United
States ? Why is it considered so dangerous?
First: Under this recently enacted treaty, one man
can be held as a genocidist for killing just one other man. Yet we all know
that the killing of one man by another is in no way genocidal!
“Genocide: the deliberate and methodical annihilation of a
national or racial group” (Macmillan Dictionary), “the systematic
killing of a whole group of people or a nation” (Webster’s new World
Dictionary). “Genocide means the physical dismemberment and liquidation of
people on large scales: an attempt by those who rule to achieve the total
elimination of a subject people.”—I. Horowitz, Taking
Lives: Genocide and State Power, chapter 85.
Second: A man can be tried and found guilty of
committing “genocide,” which is the destruction of an entire race of
people—without having killed anyone at all! “But the treaty definition differs
substantially from that of the dictionaries. It includes such items as ‘mental
harm to members of the group,’ or moving them from one place to another, or
even birth control. It would not be difficult to imagine a situation at a later
time in which a special class of people were hailed into court on the
Third: If a man is accused of “genocide,” he can
be hailed into a U.S.
court or be sent to a foreign court to stand trial under non-U.S. laws as a
Genocide Treaty violator. “[Senator Jesse] Helms had blocked action in the
past, complaining that the treaty could threaten the Constitution and subject
the United States to spurious lawsuits by other countries [that sought to have
U.S. citizens arrested and turned over to them for trial].”—Congressional
Quarterly Weekly Report, February 22,
1986 , 458.
Fourth: The Genocide Treaty Itself has such vague
wording that leading American jurists and attorneys have declared it to be
dangerous! They tell us that all kinds of people can be accused of having
violated the Genocide Treaty.
“The Genocide Convention [Genocide Treaty]” is such a vague and
dangerous treaty that to cure its imperfections would require changes so
substantial that they would have to be regarded as amendments requiring
renegotiation of the convention by the United Nations itself].”—Charles
Rice, Professor of Law, quoted in Congressional Record, February 13, 1986,
S-1288.
Many of its terms are shrouded in uncertainty.”—Senator Strom
Thurmond, of South Carolina ,
Senate debate, October 10, 1984, in Congressional Record, December 1984. [Speaking
of the Genocide Treaty] A statute which forbids or requires the doing of an act
in terms so vague that man of common intelligence must necessarily guess at its
meaning and differ as to its application, violates the first essential of due
process of law.”—Orie L. Phillips, “The Genocide convention: Its Effect on
Our Legal System, “American Bar Journal, 1949.
Fifth: That which makes a man’s actions to be in
violation of the treaty—is the motive that others assign to those
actions! “Motives” means the reason why he did it. Almost any kind of criminal
action can be classified as “genocidal,” according to this treaty.
“The description of the ‘crime’ of genocide provided by the
restricted Genocide Convention is so expansive and all-inclusive as to cover
almost any wrongdoer, perpetrating almost any criminal act of violence or
advocacy of violence against almost every type of victim.”— Robert A.
Friedlander, “Should the U.S.
Constitution Treaty-Making Power Be Used as the Basis for Enactment of Domestic
Legislation?” Case Western Reserve Journal of
International Law, Vol. 18, No. 2, Spring 1986, 268-269.
Sixth: Instead of being worded to stop genuine
genocidists— which are the national governments and political
groups trying to kill races within their borders or outside
of it,—this treaty gives no mention of nations or political
groups, but only of individuals. And the terms of the treaty are
construed against, rather than in favor of, the defendant.
This is against American law. “Political genocide is nowhere
mentioned in this Genocide Treaty. History relates the reason that the treaty
was originally accepted by the UN members in 1948, and then signed by many of
the individual nations in
later years. The nations had nothing to fear from it, for the
Genocide Treaty deals neither with governments nor with political actions.”—The
Genocide Treaty, 7. “The definitions proffered by articles II and III
of the convention (the treaty] are vague and overbroad, arbitrary and
capricious, and statutorily unreasonable both in their construction and
application. They are, in Ameri-
can Constitutional phraseology, violative of substantive due
process and could not withstand strict Constitutional scrutiny by the United
States federal courts, since criminal statutes
in this country have to be strictly construed in favor of the defendant.”—Fiedlander,
268-269.
Seventh: An individual need not kill an individual
of another race, but only “mentally harm” him by his words— in order to be
eligible for Genocide Treaty violation. “Genocide is mass murder perpetrated by
repressive government. To say, as does article IV, that private individuals
commit genocide is not only pure hyperbole but, in the context of the so-called
criminality of article II, it is a loaded weapon pointed at the citizenry of
any signatory state.”—Friedlander 268, 271.
Eighth: One need only do or say that which appears
harmful to the best interests of another religion in order to be brought into
court for having violated the treaty,—where he will receive a heavy penalty.
“That penalty (assigned by the U.S. Senate on October
14, 1988 , to Genocide Treaty violation] was about the greatest that
could be assigned, in this present generation,
of no capital punishment: A fine of up to one million dollars
and a twenty-year-to-life sentence in a federal penitentiary was the Senate
decision in the matter! Murderers in California
routinely get no fine and six years in prison, but ‘harming’ ‘part of’ a
‘religious group’ is more dangerous.”—The Genocide Treaty, 10.
Ninth: The Genocide Treaty (also known as the
Genocide Convention”) threatens U.S. Constitutional sovereignty,
because the United States Constitution declares that
international treaties made by America
take precedence above—
are more important than—the internal laws of the nation. “It
[the Genocide Treaty] ran afoul of conservative objections that it threatened U.S.
sovereignty and Constutional objections.”—Washington
Post, February 20, 1986 ,
A27.
Tenth: No treaty signed by the United
States government has ever been found
unconstitutional by its Supreme Court—or any lower court for that matter. The
reason: Our Constitution binds the laws of our nation to yield to the wording
of treaties we enter upon with other nations. “No treaty has ever been found to
be unconstitutional by the Supreme Court. Lacking explicit statutory language,
the U.S. Supreme Court has been very reluctant to find Congressional abrogation
of treaty right (Washington vs. Washington
State , 443, U.S. 690, 99 S.
Ct. 3077 (1979).”—The Genocide Treaty, 7.
Eleventh: The treaty says nothing about political
crimes: only individual crimes; yet genocide is being carried on by political
groups and political governments all around the world, even as I write these
words. “For 37 years the convention [treaty] met with considerable opposition.
Various opponents were concerned that the convention would supercede the U.S.
Constitution; acts against political groups were not made criminal offenses;
the convention would be enforced in ways
detrimental to the U.S. ”—Gist,
Bureau of Public Affairs, Department of State, June 1986, 1. “The Union of
the Soviet Socialist Republics signed the Genocide Treaty on December 16, 1949,
yet the Soviet Union regularly imprisons Christians in Russia and
its satellite countries, but the Genocide Treaty has nothing to
say about government genocide of religious groups. Moscow
is entirely free to continue on with such atrocities, even though it is a
signatory to Genocide Treaty.”— The Genocide Treaty, 3.
Twelfth: This treaty was quickly signed by the very
nations that are practicing genocide on a day-by-day basis! They signed it
because its wording could not include their governments,—but could be used by
those governments in bringing accusation, imprisonment, or death to their
citizens! “A list of the signatories of the Genocide Treaty reveals that it includes
the leading practitioners of post- World War II genocide: Albania ,
Bulgaria , Red
China, Cuba , Czechoslovakia ,
Vietnam , and
the Soviet Union .”— The Genocide Treaty, 7.
Thirteenth: This treaty lacks proper wording for just
handling cases in a court of law. “The various classifications of subject
victim groups put forward by article II (national, ethnical, racial, religious,
etc.) encompasses virtually all conceivable persons, except for those having a
particular political affiliation . . No American citizen or resident alien
(legal or otherwise) seems to be excluded from the sweep of this article. “As
for the enumerated crimes, (a) ‘Killing of the
group,’ does not allow for any [legal] defenses; (b)
‘Causing serious bodily or mental harm to members of the group’ does not
specify the degree of mental harm or distinguish whether the injury includes
psychological disorientation of a temporary nature; (c) ‘Deliberately
inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part’
can lead to charges raised by minority groups suffering from
residential discrimination or ghetto life . . The list of possibilities for
creative lawyers is practically endless.”— Friedlander, 268-269.
Fourteenth: Domestic laws—laws governing our own
people—have now been decided by foreign powers. In this treaty, governments
outside the United States
are reshaping the regulations governing our own citizens. “The offenses listed
in the Genocide Treaty are not international but domestic. That is, they
concern crimes committed by Americans within our own country. Thus, for the
first time in our nation’s history, a treaty has been used to invade an area of
domestic law. In other words,
we are letting foreigners make our laws for us, the laws that
will decide which of our citizens will be imprisoned, and for what crimes”—The
Genocide Treaty, 7.
Fifteenth: It is possible that those violating this
treaty can be requested by foreign powers to be shipped from the United
States and tried in foreign courts. “Such
foreign nations, upon learning of individuals living in America even though
U.S. citizens—who they can show are working to ‘destroy’ a certain religion, or
part of it, can ask for extradition of those individuals so that they can be judged
under a non-American tribunal in the World Court of Switzerland, in regard to
the nature, extent, and punishment due their crimes.”—Op. cit., 3.
Throughout this book, we have discovered that a primary way in
which mankind seeks to destroy one another— is through religious persecution. A
person speaks and lives differently than is agreeable to another’s religion,—so
he is persecuted for it. This newly ratified treaty permits one man to hail
another man into court on the charge of genocide violation,—for having spoken
words that bring “mental harm” to another person, part of a group, or entire
group. We have also seen that our free land is gradually moving toward the
emplacement of a National Sunday Law that, when enacted, may at first appear to
be a great blessing,— but which will rapidly bring in its train persecution of
minority churches, including Sabbathkeeping churches. When religious orthodoxy becomes the law of the
land, soon a narrow view of what constitutes “orthodoxy” is also legislated and
enforced.
The very vagueness of this treaty is such that it can be
used in many ways, quite separated from what may have been the motives of its
authors or enactors. This Genocide Treaty could provide a powerful tool in
enforcing the National Sunday Law—when that law is finally enacted. And because
it is on the statute books of 96 different nations, a rapid international
aspect has been added. The entire world will be able to quickly work together
to enforce Sunday observance. The crucial part is that a worldwide standardized
crime has been established, with most terrible penalties for its violation. The
penalties of the Genocide Treaty could be applied at will to any individual who
violated the National Sunday Law.
And, because this treaty is based on a 96-nation mutual pact, or
treaty, each nation will be required by all the others to search out and bring
the specified criminal into court.
Although commonly called the “Genocide Treaty,” technically, it
is a “convention” and not a “treaty.” A treaty is a bilateral agreement between
two nations; a “convention” is a multilateral agreement between many nations,
in this case, most of those on our planet! But there is no provision for a
convention in the U.S. Constitution! Because it is a convention and not a treaty,
every signatory nation involved is bound to defend it, adhere to it, and be ready to persecute individuals
according to its ambiguous terms, as agreed upon by the member nations. This
makes this genocide convention one of the most powerful international laws in
the history of mankind! Yet, no matter how the nations of earth may plan and
devise, there is a God in heaven who has a rule of right: the Ten Commandments.
And the time is nearing when He shall judge men according to that rule. One of
the ten is the Sabbath commandment. It stands as a great memorial to the
creative power of the One who made us all. And it is bulwarked by twelve great
pillars of truth. Here they are, in the next chapter.
“Render therefore unto Caesar the things that are Caesar’s; and
unto God the things that are God’s.”—Matthew 22:21.
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