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cral criminal law. The traffic in women and children is a dark page in international history. But a moral violation in Peoria, Illinois, by two Americans is rightly dealt with under state or federal law. In indirect and incidental interference with domestic jurisdiction may not affect the validity of a treaty which dcals primarily with subjects truly international. But some treaties now proposed present more than a mere incidental and unsubstantial interference . with domestic jurisdiction. Under the guise of protecting human rights, they set about to regulate internal affairs of the nationals of ratifying states directly and substantially

The Charter of the United Nations now makes sweeping private and individual rights matters of international concern. In that sense the field of international law has been extended to include subjects formerly considered domestic. But Article 2 par. 7 of the Charter withholds authority to intervene in the domestic affairs of any nation and thus declares that there are wide areas of domestic life

upon

which the world organization cannot intrude.

of the United Nations Charter, which reserves to the nations control of their domestic affairs, cannot be considered meaningless. History shows that independence of nations is essential to : world peace and that men will fight against great udlus to maintain this independence. The first inter

Article 2 par. 2

national organization, the Delian Confederacy, 477 B.C., between Athens, the Greek cities, and the Great Islands of the Aegean, fell, not because Athens overcharged her allies. The contributions of men, money, and ships exacted from members were set up by Aristides the Just, and historians consider them reasonable. But the Greek allics could not endure the domination of Athens. They resented the fact that the important lawsuits from the Aegean Islands and the Greek citics were tricd at Athens and they insisted that they should control their local governments. Su the first international leaguc failed and was destroyed.

When the Dutch resisted the Spanish for one hundred years so stubbornly that Alva suggested to Philip II that he would have to exterminate the people, it was because the Dutch were determined to control their own lives. The Boston Tea Party and the Declaration of Independence arose from the same human reactions and, in truth, thc desperate resistance movements of World War II show that the spirit of independence still lives in the heart of mankind.

As a matter of fact, independence is not only vital to the countries which cherish it, but its maintenance in every nation is essential to the peace of the world. In so far as treaties, conventions, and international regulations directly and substantially encroach upon the inherently domestic jurisdiction and attempt to regulate rights and obligations, employınent, hours

45

of labor, rates of pay, and relationships of persons permanently within the borders of any country whose activities are performed within that country, they are not wisely calculated to reduce international tension, for they interfere with what man has fought for and will fight for through the centuries—freedom and independence.

E. ARTICLES AGAINST THE GENOCIDE CONVENTION

THE GENOCIDE CONVENTION-- ITS EFFECT ON OUR LEGAL SYSTEM

By Orie L. Phillips*

On June 16, 1949, the President transmitted to the Senate the Convention on Genocide with the request that. the Senate give its advice and consent to its ratification.

By this Treaty the contracting parties confirm that genocide is, "A crime under international law which they undertake to prevent and punish."

Article II and III of the Convention read:

*Chief Judge, U.S. Court of Appeals for the 10th Circuit.

"ARTICLE. IT

In the present Convention, genocide means any of the following n. 15 commllimet with Intent to destroy, in whole or loi pourt, it untional, olhoubcool, racial or religionis grouli, in such:

(n) Killing members of the group;
(1) Cnnsing serious boully or inental linrm lu members of lloc sroup;

"(c) Delllicrotely inflicting on the group conditions of life (alrelated to boring alvout. Ils physical destrucilon in whole or in port:

(d) Imposing mensures lotended to prevent lort is within clue croup); (e) Forcibly transferring children of the group to a nollier group.

"ARTJOLF. III

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"The following acts shall be punishiable:
(n) (ienocide;
(1) Conspiracy to commit genocide;
(c) Direct and public inclemcut Io commit genocide;
(il) Allempl to coinmil Bennicide;
(c) Complicity in genocide.

Article V oliligoles the contracting parties to contact the perrossary legislation 10 giup effort to tlor provisions of thor Convention and los pornovideotective jw.cool. tles "for persons bullty of Bonoride or any of the older 11(IN ('

lismlol lol lol lolo. 111."

Article VI provides that arsons charged with perinclude os 1111y or the other SICIN (numeraled in Article 11 shull lic triel by si competent tribunal of the sailles in which the act was committeil, or hy 'such internationnl penal tribuunt 115 miny hunve juriseliction will respect to such contracting parties whirli shall hinter accepted its juriyeliction.'

Article IX pro dley tlint disputes between the corner ing porties relating to the interpretation, application or fulfilment of the preselit convertinn.' shall Le gubinilled to the Dutcrnnllonal Court of Juwlice at I loro preprost of only lustres to the dispute.

rhis, it wlll be seen that it is propogeul hy the action of the l'resident, sented to by two-thirds of the Senators present' wloon Sonnte ersion is takinn, to dellne certain nots, which have tradlllonnlly been rrobat roleerd als domestir crimes, ns International crimes and to obligate the United Sintos to provide for their punishment and for the Irinl of persons accused I livroep millors in our domestic courts or in an international tribinnl. *Trcaly-making ponocr is revichocd "It would seem approprintc, therefore, to review the fronts-making power.

Section 2 of Article Il of the United Sintes Constitution and liorizes the l'rcsldent by and with the advice nuil consent of the Senate in 111 kr (roollies, provlded two-thirds of the Senatory present concur.

The power 18 not onc fronteil by the sintes. Nellher allil the powers of external sovereignty depend on the afirmative grouts of the Constitution. Il they lind not been mentioned in the Constitution, they would have rooster in the Federal (government in Necessary concomitants of antiomllly. They wilırmer all the mowers of government necessary to maintain an ortivo ("postrol op luteos. nallonni relulions.'

41... the cxlerual powers of the United Sinies are lo loco eserisce willent regard lo state Inws or policies.us

il..lle Meld which nocls internaclound relations is I lor one si sport of our government llint from the first hus licen most generally concertel Impuritively to demand brond onllonni authorlly.''

The Irenly-uklink power is not limited loy ang ospiross provisfoort in Alor (one Hullution. 13011. Il cloes not authorize whal lloc Consillition Porties 111011 Ilu prerie::e.. must not lue inconsistent with me allire of our linnarummello 10.00.1 Idhe roliellon between the antes and the Vulleri Sintes."

1 Sre Art. 11. I 2 Unlied Sinien C.mxilloniloon. ' lnlleul Slatin v. Vurlius.ll'oighi Corp., 209 11.8. 304, 315-31S • Unilen Sinten v. Belmont, 301 11.8.321, 331. United States v. l'ink, 315 U.S. 20:1, 2:12. • Xonkurn v. Scallie, 205 11.8. 332, 141; Ilolilon r. Jop. AI 11.5 211, 21:3; 1)elroy i. Rigo1, 133 U.S. 268, 207.

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