And now:Ish <[EMAIL PROTECTED]> writes:
From: "Johnie Leverett"
To: "Ish" ,
"First Nations"
Subject: FYI: Genocide Law
Date: Tue, 26 Jan 1999 09:39:39 -0500
X-Mailer: Microsoft Outlook Express 4.72.3110.1
Public Law 100-606 - Nov. 4, 1988 100th Congress [S. 1851]
IN ACT
To implement the International Convention on the Prevention and Punishment
of Genocide.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1.SHORT TITLE
This act may be cited as the "Genocide Convention Implementation Act of
1987 (the Proxmire Act);"
(a) In General.-Part 1 of title 18, United States Code, is amended by
inserting after chapter 50 the following:
CHAPTER 50A-GENOCIDE
"Sec.
1091. Genocide
1092. Exclusive remedies.
1093. Definitions
"� 1091. Genocide
"(a) Basic Offense.-Whoever, whether in time of peace or in time of war,
in a circumstance described in subsection (d) and with the specific intent
to destroy, in whole or in substantial part, a national, ethnic, racial, or
religious group as such-
"(1) kills members of that group;
"(2) causes serious bodily injury to members of that group;
"(3) causes the permanent impairment of the mental faculties of members of
the group through drugs,
torture, or similar techniques;
"(4) subjects the group-to conditions of life that are intended to cause
the physical destruction of the group in whole or in part;
"(5) imposes measures intended to prevent births within the group; or
"(6) transfers by force children of the group to another group; or
attempts to do so, shall be punished as provided in subsection (b).
"(b) Punishment for Basic Offense.-The punishment for an offense under
subsection (a) is-
"(1) in the case of an offense under subsection (a)(1), a fine of not more
that $1,000,000 and imprisonment for life; and
"(2) a fine of not more than $1,000,000 or imprisonment for not more than
twenty years, or both, in any other case.
"c) Incitement Offense.--Whoever in a circumstance described in
subsection (d) directly and publicly incites another to violate subsection
(a) shall be fined not more than $500,000 or imprisoned not more than five
years, or both.
"(d) Required Circumstance for Offenses.-The circumstance referred to in
subsections (a) and (c) is that -
"(1) the offense is committed within the United States; or
"(2) the alleged offender is a national of the United States (as defined
in section 101 of the Immigration and Nationality Act (8 U.S.C.1101)).
"(e) Nonapplicability of Certain Limitations.-Notwithstanding section 3282
of this title, in the case of an offense under subsection (a)(1), an
indictment may be found, or information instituted, at any time without
limitation.
"� 1092. Exclusive remedies
"Nothing in this chapter shall be construed as precluding the application
of State or local laws to the conduct proscribed by this chapter, nor shall
anything in this chapter be construed as creating any substantive or
procedural right enforceable by law by any party in any proceeding.
"� 1093. Definitions
"as used in this chapter-
"(1) the term 'children' means the plural and means individuals who have
not attained the age of eighteen years;
"(2) the term 'ethnic group' means a set of individuals whose identity as
such is distinctive in terms of common cultural traditions or heritage;
"(3) the term 'incites' means urges another to engage imminently in
conduct in circumstances under which there is a substantial likelihood of
imminently causing such conduct;
"(4) the term 'members means the plural;
"(5) the term 'national group' means a set of individuals whose identity
as such is distinctive in terms of nationality or national origins;
"(6) the term 'racial group' means a set of individuals whose identity as
such is distinctive in terms of physical characteristics or biological
descent;
"(7) the term 'religious group' means a set of individuals whose identity
as such is distinctive in terms of physical characteristics or biological
descent;
"(8) the term 'substantial part' means a part of a group of such
numerical significance that the destruction or loss of that part would
cause the destruction of the group as a viable entity within the nation of
which such group is a part."
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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