Genocide

Can US entered a reservation for the genocide convention?

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2008-09-08 05:48:30

The Genocide Convention passed the United Nations in 1948

with a unanimous vote of 56 states and went into force in 1950

after 20 states ratified it. The US ratified it in 1986 conditioned

on the following reservations:

"(1) That with reference to article IX of the Convention, before

any dispute to which the United States is a party may be submitted

to the jurisdiction of the International Court of Justice under

this article, the specific consent of the United States is required

in each case. (2) That nothing in the Convention requires or

authorizes legislation or other action by the United States of

America prohibited by the Constitution of the United States as

interpreted by the United States." Understandings: "(1) That the

term `intent to destroy, in whole or in part, a national, ethnical,

racial, or religious group as such' appearing in article II means

the specific intent to destroy, in whole or in substantial part, a

national, ethnical, racial or religious group as such by the acts

specified in article II. (2) That the term `mental harm' in article

II (b) means permanent impairment of mental faculties through

drugs, torture or similar techniques. (3) That the pledge to grant

extradition in accordance with a state's laws and treaties in force

found in article VII extends only to acts which are criminal under

the laws of both the requesting and the requested state and nothing

in article VI affects the right of any state to bring to trial

before its own tribunals any of its nationals for acts committed

outside a state. (4) That acts in the course of armed conflicts

committed without the specific intent required by article II are

not sufficient to constitute genocide as defined by this

Convention. (5) That with regard to the reference to an

international penal tribunal in article VI of the Convention, the

United States declares that it reserves the right to effect its

participation in any such tribunal only by a treaty entered into

specifically for that purpose with the advice and consent of the

Senate."


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