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APPENDIX

1 CONVENTION ON TUE PREVENTION AND PURIoNXENT OF TDE CRIME OF GENOCIDE

The Contracting Partics,

11:1ving considered the declaration inade by the General Asscinbis of the United Nations in its resolution (1) dated 11 December 1946 that genocide. is n crime under international law, contrary to the spirit anni nims of the United Nations and condcmined by the civilized world;

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

Being convinced that, in order to llbcrnte mankind from such an odlous scourgc, international co-operntion is required, Hcrcby agrer ns hereinafter provided :

ARTICLE I

The Contracting Parties confirm that genocide, whether committed in time of peace or id time of war, 18 a crime under International law which they undertake to prevent and to pupisb.

ARTTCLE II

In the present Convcation, genocide means any of the following acts committed with intcnt to destros, lo 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 inflicting on the group conditions of life calculated to bring about its pbysical destruction in whole or in part;

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

ARTICLE IN

The following acta sball be punishable :

(a) Genocide;
(b) Conspiracy to commit genocide;
(0) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in gcnocido.

ABTIOLE IV Persons committing genocide or nny of the other ncta cnumernted in article III shall hc punished, whether they are constitutionally responsible rulers, public oficinis or private individoals.

ARTIOLI V

The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necesanry legislntion to give effcct to the provisions of the present Convention and, in particunr, to provide cffcctive penaltics for persons millty of genocide or of any of the other acts enumerated in article III.

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ARTICLE 17

Persons charged with genocide or any of the other ncls 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 Internationnl penal tribunal as mos hare jurisdiction with respect to those Contracting Porties 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 purpose 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 nction under the Charter of the United Nations as they con. sider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

ARTICLE IX

Disputes between thc Contracting Partics relnting to the interpretntion, application or fullllment 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 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 Decembra 1918.

ARTICLE XI

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

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

After 1 janunry 1960 thc prescnt Convention may be ncceded to on behalf of ons Member of the United Nations and of any non-wuepiber Stalc wbichi hias rcccired an incitation as níorcsnid.

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

ARTICLE XII

Ang Contracting Party mny nt nny time, hy notification : derriscadd to flor Sprus retary-Gcneral of the United Nations, extend the application of ilin preosooni lioone vention in all or any or the territories for the court or whose foorriani rrint: ons that Contracting l’arty is responsible.

ARTICI. XIII

On the dny when thc Orst twenty instruments of ratification or acessimo live been deposited, thic Sccretary.lieneral shioll draw lipois poneria.dordul :11.11 17:in-mit A copy thereof to each Member of this linitril Salinas ilnil to Olof llie 110llo nicmber States contcinplated in article XI.

The present Convention shinll come into force on the ninetirochi ilir Pollowing the dntc of deposll of the twentieth instrument of rulllle:111011 or 100pesision.

Any ratincntion or accession cffected subsequent to the lollos el.116. shall logromno corective on the plocticth day following the deposit of the instrumell ( rutifiril tlon or acccssion.

ARTICLE XIV The present Conrention shall remain in effect for a period of ton scars as from the dntc of Its coming into forcc.

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

Denunciation shall be elected hs a written votification addressed to the Sorrrenry-Gencral of the United Nations,

ARTICLE XV

If, ns a result of denunciations, the number of Parties to the present Convention should become less thno sixteen, the Conventiou shall cense to help force n8 from the date on which the Inst of thesc dcnunciations shall become effectire.

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 potincation in writing addressed to the Secretary-Gencral.

Thc (icncral Assembly shall rccidc upon the steps, if any, to be taken in respect of such request.

ARTICLE XVII

The Secretary-General of the United Nations sball notify all Members of the United Nations and the non-vicmber Statcs contemplated in article XI of the following:

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

(b) Nolllications recelico in nccordance with article XII;

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

(d) Denunciations received in accordance with article XIV;
(c) The abrogation of the Convention in accordance with article XV;
(1) Notifications reccircd in nccordance with article XVI.

ARTICLE XVIII

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

A certified copy of the Convention shall be transmitted to encb Member of the Unilled 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 Nntions 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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