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S. HRG. 99-214

CONSTITUTIONAL ISSUES RELATING TO THE

PROPOSED GENOCIDE CONVENTION

HEARING

BEFORE THE

SUBCOMMITTEE ON THE CONSTITUTION

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-NINTH CONGRESS

FIRST SESSION

ON

CONSIDERING THE CONSTITUTIONAL IMPLICATIONS OF THE PROPOSED

GENOCIDE CONVENTION

FEBRUARY 26, 1985

Serial No. J-99-5

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

COMMITTEE ON THE JUDICIARY

STROM THURMOND, South Carolina, Chairman
CHARLES McC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware
PAUL LAXALT, Nevada

EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah

ROBERT C. BYRD, West Virginia ALAN K. SIMPSON, Wyoming

HOWARD M. METZENBAUM, Ohio JOHN P. EAST, North Carolina

DENNIS DECONCINI, Arizona CHARLES E. GRASSLEY, Iowa

PATRICK J. LEAHY, Vermont JEREMIAH DENTON, Alabama

HOWELL HEFLIN, Alabama ARLEN SPECTER, Pennsylvania

PAUL SIMON, Illinois MITCH MCCONNELL, Kentucky

DENNIS W. SHEDD, Chief Counsel and Staff Director

DEBORAH K. OWEN, General Counsel

DEBORAH BERNSTEIN, Chief Clerk
MARK H. GITENSTEIN, Minority Chief Counsel

SUBCOMMITTEE ON THE CONSTITUTION

ORRIN G. HATCH, Utah, Chairman STROM THURMOND, South Carolina

DENNIS DECONCINI, Arizona
CHARLES E. GRASSLEY, Iowa

PAUL SIMON, Ilinois
STEPHEN J. MARKMAN, Chief Counsel and Staff Director

RANDALL RADER, General Counsel
MICHAEL LOYD CHADWICK, Professional Staff

Bob FEIDLER, Minority Chief Counsel

(II)

CONTENTS

OPENING STATEMENTS

Page

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah, chairman,

Subcommittee on the Constitution

Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina,

chairman, Committee on the Judiciary

CHRONOLOGICAL LIST OF WITNESSES

Moore, John Norton, Walter L. Brown Professor of Law and director, Center

for Law and National Security, University of Virginia......

de Seife, Rodolphe J.A., professor of law, Northern Illinois University College

of Law...

Murphy, John F., professor of law, Villanova University.

Friedlander, Robert A., professor of law, Pettit College of Law, Ohio Northern

University .....

ALPHABETICAL LISTING AND MATERIALS SUBMITTED

de Seife, Rodolphe J.A.:

Testimony

Prepared statement

Responses to written questions from:

Senator Hatch

Senator Grassley

Senator Leahy.

Friedlander, Robert A.:

Testimony

Prepared statement

Analysis of the Genocide Convention.

Responses to written questions from:

Senator Hatch ...

Senator Grassley.

Moore, John Norton:

Testimony

Prepared statement

Responses to written questions from:

Senator Hatch ..

Senator Grassley.

Murphy, John F.:

Testimony

Prepared statement

Responses to written questions from:

Senator Hatch ..

Senator Grassley.

APPENDIX

Convention on the Prevention and Punishment of the Crime of Genocide.........

A. State of Missouri brief.

B. Henry St. George Tucker-Limitations on Treaty Power (excerpts)

C. William E. Mikell-Limitations on Treaty Power (excerpts).

D. Florence Allen-Treaty as Legislation

E. Articles against the Genocide Convention:

The Genocide Convention-Its Effect on our Legal System, by Orie L.

Phillips, from ABA Journal, August 1949..

Page

540

549

553

572

581

pp. 65-81..

585

602

610

616

643

650

654

E. Articles against the Genocide Convention-Continued

Human Rights and International Law, by Mr. Carl B. Rix, from the

Congressional Record, July 26, 1949.
The Genocide Convention, by George A. Finch, from the American Jour-

nal of International Law, October 1949 ...
Report of the Special Committee on Peace and Law Through the United

Nations, Committee on Foreign Relations hearings, U.S. Senate 81-2,
January 23, 24, and February 9, 1950, pp. 157-175....
The Genocide Convention is Being Misrepresented, by George A. Finch,

Committee on Foreign Relations hearings, U.S. Senate, 81-2, January

23, 24, and February 9, 1950, pp. 213-221. Human Rights, by Carl B. Rix, Law Society of Massachusetts, January 5,

1950 Serious Problems Raised by the Genocide Convention, by Alfred J.

Schweppe, Committee on Foreign Relations hearings, March 10, 1971, The Genocide Convention-Why the Senate Should Refuse to Ratify It,

by Senator Sam J. Ervin, Committee on Foreign Relations hearing,

U.S. Senate, March 10, 1971, pp. 1-8.....
Pitfalls of the Genocide Convention, by Orie L. Phillips and Eberhard P.

Deutsch, from the American Bar Association Journal, July 1970..........
Treaties Should Not be Used to Enact Domestic Legislation, by Eberhard

P. Deutsch, Committee on Foreign Relations hearing, U.S. Senate,

March 10, 1971, pp. 23-81
Drafting of the Genocide Treaty, by Alfred J. Schweppe, Committee on

Foreign Relations hearing, U.Š. Senate, 92-1, March 10, 1971, pp. 58–64
U.S. Retreats in Negotiations, by Alfred J. Schweppe, Committee on

Foreign Relations hearing, U.S. Senate, 92-1, March 10, 1971, pp. 54-57
Unconstitutional Use of Treaty-Making Power, by Senator Jesse Helms of

North Carolina, Committee on Foreign Relations hearings, U.S. Senate,
95-1, May 16 and 24, 1977, pp. 104-106......
The Genocide Convention—Today and Tomorrow, by Senator Jesse Helms

of North Carolina, International Convention on the Prevention and
Punishment of the Crime of Genocide, report, Committee on Foreign
Relations, U.S. Senate, 98-2, Exec. Rep. 98-50, September 24, 1984, pp.

42-57
F. Articles For the Convention:

The Genocide Convention, report and recommendations of the Standing

Committee on World Order Through Law, American Bar Association,
from the Foreign Relations hearing, U.S. Senate, 92-1, March 10, 1971,

pp. 196-207 ......
Recommendation that the United States Ratify the Convention on the

Prevention and Punishment of the Crime of Genocide, from the Ameri-
can Bar Association, Committee on Foreign Relations hearing, U.S.
Senate, 92-1, March 10, 1971, pp. 147-185....
Time To Act on the Genocide Convention, by Arthur J. Goldberg and

Richard N. Gardner, from the American Bar Association Journal, Feb-
ruary 1972, Committee on Foreign Relations hearing, U.S. Senate 97-1,

December 3, 1981, pp. 72–78.
Analysis of Reservations and Understandings Expressed by Ratifying

States of Genocide Convention, supplied by Department of State, Com-
mittee on Foreign Relations hearings, U.Š. Senate, 95-1, May 24 and

26, 1977, pp. 37-38
Prepared statement of Hebert J. Hansell, legal adviser, Department of

State, Committee on Foreign Relations hearings, U.S. Senate, 95-1,

May 24 and 26, 1977, pp. 26-28.
Prepared statement of Bruno V. Bitker, chairman, Committee on Interna-

tional Human Rights, Section on International Law, American Bar
Association, Committee on Foreign Relations hearings, U.S. Senate, 95-

1, May 24 and 26, 1977, pp. 48–52...
Prepared statement of Judge Thomas Buergenthal, Committee on For-

eign Relations hearing, U.S. Senate, 97-1, December 3, 1981, pp. 113-
114.

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