We Have The Right To Exist, by Wub-e-ke-niew: Appendix I - International Convention on the Prevention and Punishment of the Crime of Genocide - Article 1:  The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under International law which they undertake to prevent and to punish.  Article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, 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 measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
Article III:  The following acts shall be punishable: (a) Genocide;  (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; (e) Complicity in genocide.
Article IV: Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals. Article V - Article VI - Article VII - Article VIII - Article IX - Article X - Article XI - Article XII - Article XIII -Article XIV - Article XV - Article XVI - Article XVII - Article XVIII - Article XIX
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We Have The Right To Exist
A Translation of Aboriginal Indigenous Thought
The first book ever published from an
Ahnishinahbæótjibway Perspective

By Wub-e-ke-niew

- Appendix I -
            International Convention on the Prevention
            and Punishment of the Crime of Genocide

MESSAGE FROM
THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

            A Certified copy of the Convention on the Prevention and Punishment of the Crime of Genocide, Adopted unanimously by the General Assembly of the United Nations in Paris on December 9, 1948, and Signed on Behalf of the United States on December 11, 1948. [Ratified by the U.S. Senate on November 4, 1989.]

            June 16, 1949: --Convention was read the first time and the injunction of secrecy was removed therefrom.  The convention, the President's message of transmittal, and the report by the Acting-Secretary of State were referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate.

      The White House, June 16, 1949.

To the Senate of the United States:

            With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith a certified copy of the convention on the prevention and punishment of the crime of genocide, adopted unanimously by the General Assembly of the United Nations in Paris on December 9, 1948, and signed on behalf of the United States on December 11, 1948.

            The character of the convention is explained in the enclosed report of the Acting Secretary of State.  I endorse the recommendations of the Acting Secretary of State in his report and urge that the Senate advise and consent to my ratification of this convention.

            In my letter of February 5, 1947, transmitting to the Congress my first annual report on the activities of the United Nations and the participation of the United States therein, I pointed out that one of the most important achievements of the General Assembly has been the agreement of the members of the United Nations that genocide consti­tutes a crime under international law.  I also emphasized that America has long been a symbol of freedom and democratic progress for peoples less favored than we have been, and that we must maintain their belief in us by our policies and our acts.

            In view of the leading part the United States has taken in the United Nations in producing an effective international legal instrument outlawing the world-shocking crime of genocide, we have established to give the world our firm and clear policy toward that crime.  By giving its advice and consent to my ratification of this convention, which I urge, the Senate of the United States will demonstrate that the United States is prepared to take effective action on its part to contribute to the establishment of principles of law and justice.

        Harry S. Truman


Convention on the Prevention and Punishment
of the Crime of Genocide

The Contracting Parties,

                        Having considered the declaration made by the General Assembly of the United Nations in its resolution 26 (f) dated 11 December 1946 that genocide is a crime under International law, contrary to the spirit and aims of the United Nations and condemned by the civilized world;

                        Recognizing that at all periods of history genocide has inflicted great losses on humanity; and

                        Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

Hereby agree as hereinafter provided:

Article I

            The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under International law which they undertake to prevent and to punish.

Article II

            In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, 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 measures intended to prevent births within the group;

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

Article III

            The following acts shall be punishable:

                        (a) Genocide;

                        (b) Conspiracy to commit genocide;

                        (c) Direct and public incitement to commit genocide;

                        (d) Attempt to commit genocide;

                        (e) Complicity in genocide.

Article IV

            Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V

            The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

Article VI

            Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory in which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII

            Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

            The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article VIII

            Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

Article IX

            Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International court of Justice at the request of any of the parties to the dispute.

Article X

            The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article XI

            The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

            The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

            After 1 January 1950 the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

            Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

            Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any territories for the conduct of whose relations that Contracting Party is responsible.

Article XIII

            On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.

            The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratifica­tion or accession.

            Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

Article XIV

            The present Convention shall remain in effect for a period of ten years from the date of its coming into force.

            It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

            Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

Article XV

            If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

Article XVI

            A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

            The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article XVII

            The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

                        (a) Signatures, ratifications and accessions received in accordance with article XI.

                        (b) Notifications received in accordance with article XII;

                        (c) The date upon which the present Convention comes into force in accordance with Article XII;

                        (d) Denunciations received in accordance with article XIV;

                        (e) The abrogation of the Convention in accordance with article XV;

                        (f) Notifications received in accordance with article XVI.

Article XVIII

            The original of the present Convention shall be deposited in the archives of the United Nations.

            A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

Article XIX

            The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

            For Afghanistan:

            For Argentina:

            For Australia:
                        Herbert Evatt                       December 11, 1948

            For the Kingdom of Belgium:

            For Bolivia:
            Adolfo Costa du Rels                      11 Dec. 1948

            For Brazil:

                        Joao Carlos Muniz                            11 December 1948

            For the Union of Burma:

            For the Byelorussian Soviet Socialist Republic:

            For Canada:

            For Chile:
Con la reserva que require tambien la aprobacion del Congreso de mi pais.

                        H. Aranciba Lazo

            For China:

            For Columbia:

            For Costa Rica:

            For Cuba:

            For Czechoslovakia:

            For Denmark:

            For the Dominican Republic:
                        J.E. Balaguer                            11 Dec 1948

           
For Ecuador:

                        Homero Viteri Lafronte        11 Diciembre de 1948

          
 
For Egypt:

                        Armed Moh. Khachaba          12-12-48

            For El Salvador:

            For Ethiopia:
                        Aklilou                                     11 December 1948

           
For France:

                        Robert Shumman                    11 Dec 1948

            For Greece:

            For Guatemala:

            For Haiti:
                        Castel Demesmin                      Le 11 Deciembre 1948

            For Honduras:

            For Iceland:

            For India:

            For Iran:

            For Iraq:

            For Lebanon:

            For Liberia:
                        Henry Cooper                            11/12/48

            For the Grand Duchy of Luxembourg:

            For Mexico:
                        Luis Padilla Nervo                    Dec. 14, 1948

            For the Kingdom of the Netherlands:

            For New Zealand:

            For the Kingdom of Norway:
                        Finn Moe                                      Le 11 Decembere 1948

          
For Pakistan:

                        Zafrulla Khan                           Dec. 11, '48

           
For Paraguay:

                        Carlos A. Vasconsellos            Diciembre 11, 1948

           
For Peru:

                        F. Berckemeyer                           Diciembere 11/1948

           
For the Philippine Republic:

                        Carlos P. Romulo                       December 11, 1948

            For Poland:

            For Saudi Arabia:

            For Siam:

            For Sweden:

            For Syria:

            For Turkey:

            For the Ukranian Soviet Socialist Republic:

            For the Union of South Africa:

            For the Union of Soviet Socialist Republics:

            For the United Kingdom of Great Britain and Northern Ireland:

            For the United States of America:
                        Ernest A. Gross                                Dec. 11, 1948

           
For Uruguay:

                        Enrique C. Armond Ugon                December 11 de 1948

            For Venezuela:

            For Yemen:

            For Yugoslavia:
                        Ales Bebler                                        11 Dec. 1948

            Certified true copy.
                        For the Secretary-General:            Kerno
                                                                           
Assistant Secretary-General in charge of the Legal Department


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