that article IX shall be understood in the traditional sense of responsibility to another state for injuries sustained by nationals of the complaining state in violation of principles of international law, and shall not be understood as meaning that a state can be held liable in damages for injuries inflicted by it on its own nationals.

(b) Meaning of "genocide" and "mental harm".-The meaning of "genocide" is carefully set forth in article II, which defines it as the committing of any of the following acts

with the intent to destroy, in whole or in part, a national, ethical, racial, or religious group, as such

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measure intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

In this context "the intent" is of overriding importance. Testimony presented to the committee made clear that the intent required must be to destroy an entire group. The term "great losses" in the preamble supports the view that genocide can only occur on a mass scale. It could not consist of acts visited upon one individual or a few. It must affect a substantial part of the group. Thus careful examination of the administration witnesses demonstrated beyond a doubt that genocide would not and could not cover local disturbances, riots, and lynchings. Witnesses presented conflicting testimony as to their interpretations of the term "mental harm." It was not clear at the outset if it meant mass hypnotism and the like. Upon further questioning it appeared that the term was inserted at the request of the Chinese in order to prevent the repetition of such practices as the Japanese use of opium to cause the physical deterioration of the Chinese minds during the period of Japanese occupation of China prior to World War II. The subcommittee is of the opinion that two understandings covering the meaning of "genocide" and "mental harm" would be of material assistance in the interpretation and application of the convention. It therefore recommends that in giving its advice and consent to the ratification of the convention, the Senate of the United States of America does so subject to the following understandings:

That the United States Government understands and construes the crime of genocide, which it undertakes to punish in accordance with this convention, to mean the commission of any of the acts enumerated in article II of the convention, with the intent to destroy an entire national, ethnical, racial, or religious group within the territory of the United States, in such manner as to affect a substantial portion of the group concerned;

That the United States Government understands and construes the words "mental harm" appearing in article II of this convention to mean permanent physical injury to mental faculties.

(c) Meaning of "complicity."-Another term given differing interpretations was that part of article III (e), which makes "complicity in genocide" punishable. Great concern was expressed over the possibility that freedom of speech as it is understood in American jurisprudence might be impinged upon under certain possible interpretations of the term "complicity." The subcommittee finds it difficult to understand how the protection of freedom of speech could be used to perpetrate a wrong; but does not believe it necessary to enter upon that subject in this connection. It does, however, believe that certain clarifying language might be useful in interpreting this particular section of article III in such a way as to more nearly correspond with United States jurisprudential terms. It therefore recommends-

that the United States Government understands and construes the words "complicity in genocide" appearing in article II of this convention to mean participation before and after the fact and aiding and abetting in the commission of the crime of genocide.

10. DECLARATION WITH RESPECT TO FEDERAL-STATE RELATIONS

In addition to the understandings recommended above the committee also recommends that the Senate adopt a declaration of constitutional interpretation as to the authority of the Federal Government to enter the convention and the effect on traditional state jurisdiction over crimes.

The subcommittee is of the opinion that the United States Government has the power to enter into this convention under article I, section 8, clause 10, of the Federal Constitution authorizing the Congress—

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.

Not only does the Congress possess this power, but the executive branch with the approval of the Congress has exercised it from the earliest days of the Republic. No exception to this interpretation was taken by any of the witnesses before the committee, nor has the committee received any written statement to the contrary. It is therefore unnecessary to rely on such cases as Missouri v. Holland (252 U. S. 416) in order to define and punish genocide as a crime against international law.

Much was made by the opponents of the convention of the alleged interference with the jurisdiction of the states by the United States, and of the fact that the convention deprived the states of jurisdiction which they were supposed to have exercised over genocide up to now. Obviously the latter assertion cannot be correct in that genocide was first declared to be a crime under international law in 1946, and today neither the United States nor any state has a law on its books either defining or punishing genocide.

It cannot be overemphasized that while the Federal Government now undertakes the punishment of the crime of genocide, there is nothing in the convention that changes the powers of the States to define and punish the killing of human beings under State laws. Murder still remains murder triable and punishable under State law. Similarly manslaughter remains manslaughter; assault remains assault; lynching remains lynching; and rioting remains rioting. All this still remains true even though the crime of genocide is now added to the roster of crimes which fall within the province of the Federal Government.

Again, in order to allay any fears that may still exist as to the Federal Government infringing upon the so-called rights of the several States, the subcommittee recommends the understanding that

In giving its advice and consent to the ratification of the Convention on the Prevention and Punishment of the Crime of Genocide, the Senate of the United States of America does so considering this to be an exercise of the authority of the Federal Government to define and punish offenses against the law of nations, expressly conferred by article I, section 8, clause 10, of the United States Constitution, and, consequently, the traditional jurisdiction of the several States of the Union with regard to crime is in no way abridged.

II. CONCLUSION

This convention codifies in part the principles of international law developed at the Nuremberg trials. By substantive conventional declaration it makes genocide a crime under international law. Our Constitution, especially the Bill of Rights, contains guaranties which make anything like genocide in this country not only unthinkable, but legally impossible. Nevertheless this does not permit the United States to do nothing. We should ratify the Genocide Convention. The rest of the world expects us to exert a moral leadership in international affairs consistent with the humanitarian diplomacy inaugurated by President John Quincy Adams, when he expressed public sympathy with the Greeks in their struggle for independence from Turkish rule. That humanitarian diplomacy has been continued ever since in such notable instances as the Russian pogroms against the Jews, the Christian persecutions in China, and the Turkish massacres of the Armenians. Our support of the Genocide Convention forms a logical part of our historie policy and diplomacy.

The committee is further convinced that the United States Senate should give its advice and consent to the ratification of the convention for the following

reasons:

1. It will create a more stable and better world condition in which this country may live. The restruction of human beings by groups along racial, national, and religious lines is an evil which has long shocked mankind, and is in great need of correction. The convention will outlaw this barbaric practice.

2. It will advance the cause of world peace. Genocide is a form of aggression by one national group against another. It is a concomitant of war and a contributory cause of war. As long as genocide exists there can be no assurance that war can be abolished.

3. It will do away with certain forms of group hatred. Genocide arouses deepseated hatreds and resentment in persecuted groups. Such animosities continue to smolder long after the atrocity has occurred and may produce a chain of genocidal acts. With genocide outlawed a significant step toward the elimination of these hatreds will have been taken.

4. It will lessen the burden on the international community. Genocide generally dislocates many people who flee to neighboring states, as did the Baltic peoples, Jews, and others during World War II. These refugees must be cared for. Not only do they suffer great damage, but they are a charge on the world. 5. It will assure a more productive and economically stable world society. The practice of genocide is economically costly and causes losses in world production and trade.

The committee, therefore, recommends that the Senate give its advice and consent to the ratification of the International Convention on the Prevention and Punishment of the Crime of Genocide with three understandings and one declaration of constitutional interpretation as set forth above.

Appendix K: Mutual Defense Assistance Program

1. MUTUAL DEFENSE ASSISTANCE ACT OF 1949

[Public Law 329-81st Congress]

[Chapter 626-1st Session]

H.R. 5895

AN ACT To promote the foreign policy and provide for the defense and general welfare of the United States by furnishing military assistance to foreign nations

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mutual Defense Assistance Act of 1949".

FINDINGS AND DECLARATION OF POLICY

The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except in the common interest. The Congress hereby finds that the efforts of the United States and other countries to promote peace and security in furtherance of the purposes of the Charter of the United Nations require additional measures of support based upon the principle of continuous and effective self-help and mutual aid. These measures include the furnishing of military assistance essential to enable the United States and other nations dedicated to the purpose and principles of the United Nations Charter to participate effectively in arrangements for individual and collective self-defense in support of those puropses and principles. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to obtain agreements to provide the United Nations with armed forces as contemplated in the Charter and agreements to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying nations against violation and evasion.

The Congress hereby expresses itself as favoring the creation by the free countries and the free peoples of the Far East of a joint organization, consistent with the Charter of the United Nations, to establish a program of self-help and mutual cooperation designed to develop their economic and social well-being, to safeguard basic rights and liberties and to protect their security and independence.

The Congress recognizes that economic recovery is essential to international peace and security and must be given clear priority. The Congress also recog nizes that the increased confidence of free peoples in their ability to resist direct or indirect aggression and to maintain internal security will advance such recovery and support poltical stability.

TITLE I-NORTH ATLANTIC TREATY COUNTRIES

SEC. 101. In view of the coming into force of the North Atlantic Treaty and the establishment thereunder of the Council and the Defense Committee which will recommend measures for the common defense of the North Atlantic area, and in view of the fact that the task of the Council and the Defense Committee can be facilitated by immediate steps to increase the integrated defensive armed strength of the parties to the treaty, the President is hereby authorized to furnish military assistance in the form of equipment, materials, and services to such nations as are parties to the treaty and have heretofore requested such assistance. (806)

Any such assistance furnished under this title shall be subject to agreements, further referred to in section 402, designed to assure that the assistance will be used to promote an integrated defense of the North Atlantic area and to facilitate the development of defense plans by the Council and the Defense Committee under article 9 of the North Atlantic Treaty and to realize unified direction and effort; and after the agreement by the Government of the United States with defense plans as recommended by the Council and the Defense Committee, military assistance hereunder shall be furnished only in accordance therewith.

SEC. 102. There are hereby authorized to be appropriated to the President for the period through June 30, 1950, out of any moneys in the Treasury not otherwise appropriated, for carrying out the provisions and accomplishing the policies and purposes of this title, not to exceed $500,000,000, of which not to exceed $100,000,000 shall be immediately available upon appropriation, and not to exceed $400,000,000 shall become available when the President of the United States approves recommendations for an integrated defense of the North Atlantic area which may be made by the Council and the Defense Committee to be established under the North Atlantic Treaty. The recommendations which the President may approve shall be limited, so far as expenditures by the United States are concerned, entirely to the amount herein authorized to be appropriated and the amount authorized hereinafter as contract authority.

SEC. 103. In addition to the amount authorized to be appropriated under section 102, the President shall have authority, within the limits of specific contract authority which may be hereafter granted to him in an appropriation Act, to enter into contracts for carrying out the provisions and accomplishing the policies and purposes of this title in amounts not exceeding in the aggregate $500,000,000 during the period ending June 30, 1950, and there are hereby authorized to be appropriated for expenditure after June 30, 1950, such sums as may be necessary to pay obligations incurred under such contract authorization. No contract authority which may be granted pursuant to the provisions of this section shall be exercised by the President until such time as he has approved recommendations for an integrated defense of the North Atlantic area which may be made by the Council and the Defense Committee to be established under the North Atlantic Treaty.

SEC. 104. None of the funds made available for carrying out the provisions of this Act or the Act of May 22, 1947, as amended, shall be utilized (a) to construct or aid in the construction of any factory or other manufacturing establishment outside of the United States or to provide equipment or machinery (other than machine tools) for any such factory or other manufacturing establishment, (b) to defray the cost of maintaining any such factory or other manufacturing establishment, (c) directly or indirectly to compensate any nation or any governmental agency or person therein for any diminution in the export trade of such nation resulting from the carrying out of any program of increased military production or to make any payment in the form of a bonus, subsidy, indemnity, guaranty, or otherwise, to any owner of any such factory or other manufacturing establishment as an inducement to such owner to undertake or increase production of arms, ammunition, implements of war, or other military supplies, or (d) for the compensation of any person for personal services rendered in or for any such factory or other manufacturing establishment, other than personal services of a technical nature rendered by officers and employees of the United States for the purpose of establishing or maintaining production by such factories or other manufacturing establishments to effectuate the purposes of this Act and in conformity with desired standards and specifications.

TITLE II-GREECE AND TURKEY

SEC. 201. In addition to the amounts heretofore authorized to be appropriated, there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, not to exceed $211,370,000 to carry out the provisions of the Act of May 22, 1947, as amended, for the period through June 30, 1950.

TITLE III-OTHER ASSISTANCE

SEC. 301. The President, whenever the furnishing of such assistance will further the purposes and policies of this Act, is authorized to furnish military