SUNDAY LAW CRISIS
13: The GENOCIDE
Only a national government has the power to
produce "genocide," which is the killing of an entire race
of people. And only a government, when its troops invade other
nations, can attempt to destroy an entire race outside of its borders.
Neither an individual nor a group of individuals can commit genocide.
And, if they try, they would quickly be jailed under already
well-established criminal statutes. Thus we see that only nations can
commit genocide, never individuals. Only a nation can blot out a race;
an individual can only kill individuals.
But now we have a new international law governing
nearly every civilized nation on earth,—that is able to charge
innocent citizens with "genocide" for having done something
that a national government considers harmful to other religions!
On December 11, 1946, the United Nations General
Assembly voted unanimously to declare genocide as a crime under
international law. Nearly a year later, on December 9, 1947, the same
assembly unanimously adopted what is known as the "Genocide
Because of obvious omissions and inherent dangers
in that treaty, the United States did not ratify that treaty for
decades afterward. Finally, 40 years later, under immense political
pressure from various sources, the United Sates approved it on
February 19, 1988.
Nearly eight months later, on October 14, 1988, the
Senate gave final approval to the treaty as they enacted certain
legislation which would impose extremely heavy penalties to those
found guilty of violating that treaty. The Genocide Treaty (also
called the "Genocide Convention") was signed by President
Reagan on November 11.
On December 9, 1988, the treaty was ratified by the
United States of America—and became an important law of the land—when
it was formally filed by a representative of the United States
president at the United Nations headquarters in Lake Success, New
York. In an official ceremony, before all the delegates in the General
Assemble Hall, the document was handed to the secretary general of the
And, because it is now on the statute books of 96
different nations of earth,—the Genocide Treaty has become the first
worldwide man-made law in the history of mankind!
Why was the United States hesitant for so many
years to adopt the provisions of that treaty as a law governing people
of the United States? Why is it considered so dangerous?
First: Under this recently enacted treaty, one
man can be held as a genocidist for killing just one other man. Yet we
all know that the killing of one man by another is in no way
"Genocide: the deliberate and methodical
annihilation of a national or racial group" (Macmillan
Dictionary), "the systematic killing of a whole group of
people or a nation" (Webster’s new World Dictionary).
"Genocide means the physical dismemberment and
liquidation of people on large scales: an attempt by those who rule to
achieve the total elimination of a subject people."—I.
Horowitz, Taking Lives: Genocide and State Power, chapter 85.
Second: A man can be
tried and found guilty of committing "genocide," which is
the destruction of an entire race of people—without having killed
anyone at all!
"But the treaty definition differs
substantially from that of the dictionaries. It includes such items
as ‘mental harm to members of the group,’ or moving them from
one place to another, or even birth control. It would not be
difficult to imagine a situation at a later time in which a special
class of people were hailed into court on the charge of genocide.
Their crime? having brought ‘mental harm’ to members of a
certain religious organization, by their words, actions, or
distribution of proscribed literature."—The Genocide
Treaty, October 1968, 5.
Third: If a man is
accused of "genocide," he can be hailed into a U.S. court or
be sent to a foreign court to stand trial under non-U.S. laws as a
Genocide Treaty violator.
"[Senator Jesse] Helms had blocked action in
the past, complaining that the treaty could threaten the
Constitution and subject the United States to spurious lawsuits by
other countries [that sought to have U.S. citizens arrested and
turned over to them for trial]."—Congressional Quarterly
Weekly Report, February 22, 1986, 458.
Genocide Treaty Itself has such vague wording that leading American
jurists and attorneys have declared it to be dangerous! They tell us
that all kinds of people can be accused of having violated the
"The Genocide Convention [Genocide
Treaty]" is such a vague and dangerous treaty that to cure its
imperfections would require changes so substantial that they would
have to be regarded as amendments requiring renegotiation of the
convention by the United Nations itself]."—Charles Rice,
Professor of Law, quoted in Congressional Record, February 13, 1986,
Many of its terms are shrouded in
uncertainty."—Senator Strom Thurmond, of South Carolina,
Senate debate, October 10, 1984, in Congressional Record, December
[Speaking of the Genocide Treaty] A statute which
forbids or requires the doing of an act in terms so vague that man of
common intelligence must necessarily guess at its meaning and differ
as to its application, violates the first essential of due process of
law."—Orie L. Phillips, "The Genocide convention: Its
Effect on Our Legal System, "American Bar Journal, 1949.
Fifth: That which makes a man’s actions to be
in violation of the treaty—is the motive that others assign to
those actions! "Motives" means the reason why he did it.
Almost any kind of criminal action can be classified as
"genocidal," according to this treaty.
"The description of the ‘crime’ of
genocide provided by the restricted Genocide Convention is so
expansive and all-inclusive as to cover almost any wrongdoer,
perpetrating almost any criminal act of violence or advocacy of
violence against almost every type of victim."—Robert
A. Friedlander, "Should the U.S. Constitution Treaty-Making Power
Be Used as the Basis for Enactment of Domestic Legislation?" Case
Western Reserve Journal of International Law, Vol. 18, No. 2, Spring
Sixth: Instead of being
worded to stop genuine genocidists—which are the national
governments and political groups trying to kill races within their
borders or outside of it,—this treaty gives no mention of nations or
political groups, but only of individuals. And the terms of the treaty
are construed against, rather than in favor of, the defendant. This is
against American law.
"Political genocide is nowhere mentioned in
this Genocide Treaty. History relates the reason that the treaty was
originally accepted by the UN members in 1948, and then signed by
many of the individual nations in later years. The nations had
nothing to fear from it, for the Genocide Treaty deals neither with
governments nor with political actions."—The Genocide
"The definitions proffered by articles II
and III of the convention (the treaty] are vague and overbroad,
arbitrary and capricious, and statutorily unreasonable both in their
construction and application. They are, in American Constitutional
phraseology, violative of substantive due process and could not
withstand strict Constitutional scrutiny by the United States
federal courts, since criminal statutes in this country have to be
strictly construed in favor of the defendant."—Fiedlander,
Seventh: An individual
need not kill an individual of another race, but only "mentally
harm" him by his words—in order to be eligible for Genocide
"Genocide is mass murder perpetrated by
repressive government. To say, as does article IV, that private
individuals commit genocide is not only pure hyperbole but, in the
context of the so-called criminality of article II, it is a loaded
weapon pointed at the citizenry of any signatory state."—Friedlander
Eighth: One need only do
or say that which appears harmful to the best interests of another
religion in order to be brought into court for having violated the
treaty,—where he will receive a heavy penalty.
"That penalty (assigned by the U.S. Senate
on October 14, 1988, to Genocide Treaty violation] was about the
greatest that could be assigned, in this present generation, of no
capital punishment: A fine of up to one million dollars and a
twenty-year-to-life sentence in a federal penitentiary was the
Senate decision in the matter! Murderers in California routinely get
no fine and six years in prison, but ‘harming’ ‘part of’ a
‘religious group’ is more dangerous."—The Genocide
Ninth: The Genocide
Treaty (also known as the Genocide Convention") threatens U.S.
Constitutional sovereignty, because the United States Constitution
declares that international treaties made by America take precedence
above—are more important than—the internal laws of the nation.
"It [the Genocide Treaty] ran afoul of
conservative objections that it threatened U.S. sovereignty and
Constutional objections."—Washington Post, February 20,
Tenth: No treaty
signed by the United States govenment has ever been found
unconstitutional by its Supreme Court—or any lower court for that
matter. The reason: Our Constitution binds the laws of our nation to
yield to the wording of treaties we enter upon with other nations.
"No treaty has ever been found to be
unconstitutional by the Supreme Court. Lacking explicit statutory
language, the U.S. Supreme Court has been very reluctant to find
Congressional abrogation of treaty right (Washington vs. Washington
State, 443, U.S. 690, 99 S. Ct. 3077 (1979)."—The Genocide
Eleventh: The treaty says
nothing about political crimes: only individual crimes; yet genocide
is being carried on by political groups and political governments all
around the world, even as I write these words.
"For 37 years the convention [treaty] met
with considerable opposition. Various opponents were concerned that
the convention would supercede the U.S. Constitution; acts against
political groups were not made criminal offenses; the convention
would be enforced in ways detrimental to the U.S."—Gist,
Bureau of Public Affairs, Department of State, June 1986, 1.
"The Union of the Soviet Socialist Republics
signed the Genocide Treaty on December 16, 1949, yet the Soviet
Union regularly imprisons Christians in Russia and its satellite
countries, but the Genocide Treaty has nothing to say about
government genocide of religious groups. Moscow is entirely free to
continue on with such atrocities, even though it is a signatory to
Genocide Treaty."—The Genocide Treaty, 3.
Twelfth: This treaty was
quickly signed by the very nations that are practicing genocide on a
day-by-day basis! They signed it because its wording could not include
their governments,—but could be used by those governments in
bringing accusation, imprisonment, or death to their citizens!
"A list of the signatories of the
Genocide Treaty reveals that it includes the leading practitioners
of post-World War II genocide: Albania, Bulgaria, Red China, Cuba,
Czechoslovakia, Vietnam, and the Soviet Union."—The Genocide
Thirteenth: This treaty lacks proper wording
for just handling cases in a court of law.
"The various classifications of subject
victim groups put forward by article II (national, ethnical, racial,
religious, etc.) encompasses virtually all conceivable persons,
except for those having a particular political affiliation . . No
American citizen or resident alien (legal or otherwise) seems to be
excluded from the sweep of this article.
"As for the enumerated crimes, (a) ‘Killing
of the group,’ does not allow for any [legal] defenses; (b) ‘Causing
serious bodily or mental harm to members of the group’ does not
specify the degree of mental harm or distinguish whether the injury
includes psychological disorientation of a temporary nature; (c) ‘Deliberately
inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part’ can lead to charges
raised by minority groups suffering from residential discrimination
or ghetto life . . The list of possibilities for creative lawyers is
practically endless."—Friedlander, 268-269.
Fourteenth: Domestic laws—laws
governing our own people—have now been decided by foreign powers. In
this treaty, governments outside the United States are reshaping the
regulations governing our own citizens.
"The offenses listed in the Genocide Treaty
are not international but domestic. That is, they concern crimes
committed by Americans within our own country. Thus, for the first
time in our nation’s history, a treaty has been used to invade an
area of domestic law. In other words, we are letting foreigners make
our laws for us, the laws that will decide which of our citizens
will be imprisoned, and for what crimes"—The Genocide
Fifteenth: It is possible
that those violating this treaty can be requested by foreign powers to
be shipped from the United States and tried in foreign courts.
"Such foreign nations, upon learning of
individuals living in America even though U.S. citizens—who they
can show are working to ‘destroy’ a certain religion, or part of
it, can ask for extradition of those individuals so that they can be
judged under a non-American tribunal in the World Court of
Switzerland, in regard to the nature, extent, and punishment due
their crimes."—Op. cit., 3.
Throughout this book, we have discovered that a
primary way in which mankind seeks to destroy one another—is
through religious persecution. A person speaks and lives differently
than is agreeable to another’s religion,—so he is persecuted for
it. This newly ratified treaty permits one man to hail another man
into court on the charge of genocide violation,—for having spoken
words that bring "mental harm" to another person, part of
a group, or entire group.
We have also seen that our free land is gradually
moving toward the emplacement of a National Sunday Law that, when
enacted, may at first appear to be a great blessing,—but which
will rapidly bring in its train persecution of minority churches,
including Sabbathkeeping churches. When religious orthodoxy becomes
the law of the land, soon a narrow view of what constitutes
"orthodoxy" is also legislated and enforced.
The very vagueness of this treaty is such that it
can be used in many ways, quite separated from what may have been
the motives of its authors or enactors.
This Genocide Treaty could provide a powerful
tool in enforcing the National Sunday Law—when that law is finally
enacted. And because it is on the statute books of 96 different
nations, a rapid international aspect has been added. The entire
world will be able to quickly work together to enforce Sunday
The crucial part is that a worldwide standardized
crime has been established, with most terrible penalties for its
violation. The penalties of the Genocide Treaty could be applied at
will to any individual who violated the National Sunday Law.
And, because this treaty is based on a 96-nation
mutual pact, or treaty, each nation will be required by all the
others to search out and bring the specified criminal into court.
Although commonly called the "Genocide
Treaty," technically, it is a "convention" and not a
"treaty." A treaty is a bilateral agreement between two
nations; a "convention" is a multilateral agreement
between many nations, in this case, most of those on our
But there is no provision for a convention in the
U.S. Constitution! Because it is a convention and not a treaty,
every signatory nation involved is bound to defend it, adhere to it,
and be ready to persecute individuals according to its ambiguous
terms, as agreed upon by the member nations.
This makes this genocide convention one of the
most powerful international laws in the history of mankind!
Yet, no matter how the nations of earth may plan
and devise, there is a God in heaven who has a rule of right: the
Ten Commandments. And the time is nearing when He shall judge men
according to that rule.
One of the ten is the Sabbath commandment. It
stands as a great memorial to the creative power of the One who made
us all. And it is bulwarked by twelve great pillars of truth. Here
they are, in the next chapter.
"Render therefore unto Caesar
the things that are Caesar’s; and unto God the things that are God’s."—Matthew