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APPENDIX

1 CONVENTION ON TUE PREVENTION AND PUNION XENT OF TDE CRIME OF GENOCIDE The Contracting Partics,

11:11ing considered the declaration inade by the General Assembly of the United Notions in its resolution 30 (1) dated 11 December 1996 thnt genocide is n crime under international law, contrary to the spirit anil nims of the United Nations and condchined by the civilized world;

Recognizing that at all periods of history genocide has insicted great losscs on humanity; and

Being convinced that, in order to libcrate mankind from such an odlous scourgc, international co-operation is required, Hcrcby ngrer ns hcrcinaster provided :

ARTICLE I

The Contrncting Parties confirm thnt genocide, whether committed in time of peace or in time of war, 18 a crime under international law which they undertake to prcvcnt and to puoisb.

ARTICLE II
In the present Convcation, genocide means any of the following acts committed
with intent to destros, 10 whole or in part, a national, ethnical, racial or religious
group, as such:

(a) Killing members of tbe group;
(0) Cousing serious bodily or mental harm to members of the group;

(c) Deliberately Inficting on tbe group conditions of life calculated to bring about its pbysical destruction in whole or lo part;

(8) Imposing mensurca Intended to prevent births within the group;
(c) Forcibly transferring children of the group to another group.

ARTICL ID

1

The following acts sball be punisbable:

(a) Grnocide;
(6) Conspiracy to commit genocide;
(0) Direct and public incitement to commit genocide;
(d) attempt to commit genocide;
(e) Complicity in gcnocide.

ARTIOLE IV

Prosons committing genocide or nny of tho other nota cnumcrnted in article III shall be punished, whether they are constitutionally responsible rulers, public oficina or private individuals.

ARTIOLI V

The Contrncting Parties undertake to enact, in accordance with their respective Constitutions, the necesanry legislntion to give effect to the provisions of the present Convention and, in particulnr, to provide cocctive pennltics for persons millty of genocide or of any of the other acts enumerated in article III.

ARTICLE 17

Persons charged with genocide or any of the other nous enumerated in article III shall be tried by a competent tribunal of the State in the territor; nt mbich the act was compiltted, or by such International penal tribunal as mos harc jurisdiction with respect to those Contracting Parties which shall bare accepted its Jurisdiction.

ARTICLE VII Genocide and the other acts enumcrated in article III shall not be considered as political crimcs for the purposc of extradition.

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

ARTIOLI 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 con. sider appropriate for the prevention and suppression of acts of genocido or any ot the other acts enumerated in article III.

ARTICLE IX

Disputes bctwcen thc Contracting Partics relating to the interpretntion, an plication or ful0lment of the present Convention, including those relating to be responsibility of a State for genocide or for any of the nthier acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the partics 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 Decembro 1918.

ARTICLE XI

The present Convention shall be open until 31 December 1910 for signature on behalf of any Member of the United Nations and of any non-mcinler State to which an invitation to sign has been addresscd hy the General Assembls.

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

After 1 jamnry 1050 the present Convention may bic nccnoice to on loodall of ons Member of the United Nations and of any non-wuepiber Sialc wbich has reccired an invitation as níorcsnid.

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

ARTICLE XII

Ang Contracting Party mag nt any time, by notification derriscardino Alor Sra. retary-General of the United Nations, extend the applications of the prescolll livre vention to all or any of the territories for the court or whouse fourrien printings th:1t Contracting l’arty is responsible.

ARTICI. XIII

On the dry when the Orst twenty instruments or rootilic:ation or acer similare been deposited, thic Secretary-liender:11 s11ll drow' 111) Spoerrria.forhol :10.11 11:11142011 a copy thereof to ench Member of this linithel Salinus inil 10 (!ol of llie noble nicmber States contcinplatci in article Xl.

The present Convention shall come into force on tlor ninetirodh duir polowing Ilic date of icposll of the twentielle instrument of rulllleillion cop soeperisaimn.

Any ratincntion or nccession clected subsequent too lloc laliripoto00. shall logromno cffective on the pipeticth day following the deposit of the instrumello rilliliit. tion or acccssion.

ARTICLE XIV The present Conrention shall remain in effect for a period of ten sears as from the date of Its coming into forcc.

It shall thereafter remain la force for successive periods of overroes for such Contracting Parties ns have not denounced it nt Icast six nionths before the cr. piration of tbe current period..

Denunciation shall be elected hs a written notification addressed to the Secretary-General of the United Nntions.

ARTICLE XV

If, as a result of denunciations, the number of Parties to the present Conrention should become less thao sixtcen, the Conventiou shall cense to help force as from the date on which the Inst of these denunciations shall become effective.

ARTICLE XVI

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

'Thc (icncral Assembly shall decide upon thc steps, if nny, to be taken in respect of such requiest.

ARTICLE XVII The Secretary-General of the United Nations sball notify all Members of the United Nations and the non-picmber States contemplated in Article XI of the following:

(a) Signatures, ratifications nod accessions received in accordance with with article XI;

(0) Nollllcnllons recolico in nccordance with article XII;

(c) The date upon which the present Convention coincs into force in nc cordance witb article XIII;

(d) Denunciations recelved in accordance with article XIV;
(c) The abrogation of the Convention in nccordnnce with article XV;
(1) Notifications reccived in accordance with article XVI.

ARTICLE XVIII

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

A certificd copy of the Convention shall be transmitted to encb Member of the Uulled Nations and to ench of the non-incmber States contemplated in article XI.

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

(Genocide Convention, hearings, Subcommittee, Committee

on Foreign Relations, U.S. Senate, 81-2, January 23, 24, 25, and February 9, 1950, pp. 6-8)

A. STATE OF MISSOURI BRIEF

LANDMARK BRIEFS AND ARGUMENTS

OF THE SUPREME COURT
OF THE UNITED STATES:
CONSTITUTIONAL LAW

Edited by
Philip B. Kurland

Professor of Law
The University of Chicago

Gerhard Casper
Professor of Law and Political Science

The University of Chicago

Volume 20

Eisner v. Macomber (1920)
Missouri v. Holland (1920)
Truar v. Corrigan (1921)

University Publications of America, Inc.

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1919.

No. 609

THE STATE OF MISSOURI, Appellant,

-VS.

RAY P. HOLLAND, United States Game Warden, Appellee.

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF MISSOURI

BRIEF OF APPELLANT

FRANK W. MCALLISTER, Attorney-General of Missouri,

JOHN T. Gose, Assistant Attorney-General of Missouri,

Solicitors for Appellant.

J. G. L. HARVEY,

Of Counsel for Appellant.

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