MEMORANDUM ON A NEW THREAT TO THE GENOCIDE CONVENTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01065A000600020012-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: January 4, 2017
• Document Release Date: March 3, 2008
• Sequence Number: 12
• Content Type: MEMO

Approved For Release 2008/03/04: CIA-RDP80-01065A000600020012-7
_ MM ON A N TREAT TO THE GENOCIDE CONVENTION
A new threat to the Genocide Convention has emerged in the present session
of the General Assembly of the United Nations in the form of a Chinese proposal
for a revision of the Chinese text of this Convention. In essence this is a hidden
device to achieve a revision of the substance of the Convention along, the lines
suggested by the Soviet delegation on November 20, 1947 (Second Assembly).
The Chinese proposal for revision of the Chinese text of the Convention
on the Prevention and Punishment of the Crime of Genocide must be rejected
for the following reasons
1. As it appears from Document A-2221, the Chinese delegation proposes to give
the term "Genocide" a different meaning from that which has become officially acc-
epted by the entire world. The word "Genocide" means the intentional destruction of
national, racial, religious or ethnic groups, namely, such groups which have a
definite position in history in culture and world society. The term "Genocide
does not mean destruction of human groups, or masses, Indiscriminately, as the
Chinese delegation suggests or implies. Such destruction would be homicide and
not genocide.
2. The Chinese delegation injects into the term "Genocide" a superfluous and
dangerously restrictive qualification, namely the words in a ruthless manner."
The cruelty in the commission of a crime is usually taken into consideration as
aggravating circumstance in meting out punishment, and there is no need to
introduce it the term "Genocide",
3. The Steering Committee of the Assembly has decided to place the matter of
the revision of the Chinese text directly on the agenda of the Plenary Session
requires because the proponents have advanced the idea that this is only a
simple matter. The Steering Committee did not have before it Document A-2221
the Assembly instead of sending it first to a committee for the study it
ch appeared only three days _ , and which shows that this is a very
NSC review completed.
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complicated issue. According to Article 10 of the Genocide Convention, the
Chinese text is equally authentic with the other texts. Section 9 of Document
A-2221 implies that the revision is undertaken "with the aim of bringing that
text into greater harmony with the other four official texts." Shoui.d the
Assembly decide favorably on the Chinese request, it would imply that a claim
can be made later for a new meaning of the word Genocide in the other four languages
of the Convention also.
Pc. Section 9 of Document A-2221 suggests that no revision of the substance of
the provisions of the Convention is intended. This is incorrect. A new t
introduced in criminal law is a matter of substance. Moreover, the Chinese .
proposal would change the name of the Convention. One should not over-look also
the fact that the proponents invoke Article 16, which speaks of "revision of the
present Convention". (Section 13 of Document A-2221)
5. The Chinese proposal should be compared with the section of the Draft Code of
Offenses Against Peace and Security of Mankind, namely, with the section dealing
with Crimes Against Humanity of the Nuremberg Charter, A significant similarity
appears between the Chinese suggestion as to "human, groups" or "the Wises," and
"populations" which appears there. Moreover, "Inhuman Acts," which appear in the
Draft Code of Offenses to denote Crimes Against Eumanity have strikingly the
same significance as "ruthlessness" or "cruelty," which the Chinese delegation
pro-pones to inject into the term "Genocide".
6. The opinion of the International Court of Justice on Reservations to
Genocide Convention permits making any reservations which are compatible with
the aims and purposes of the Convention without giving the criteria on which
h compatibilit y can be based. The Court's opinion suggests also that this matter
can be solved either by a new opinion of the International Court of Justice, or by
negotiations among governments. In the United Nations a certain number of dele-
gations have expressed their particular preference for the concept in Crimes
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Against .Humanity, perhaps because these crimes are punishable only in times of
war or in connection with aggressive war. Shoual d the Chinese * roposal be
accepted it can be used as the first official permission to substitute crimes
against humanity for genocide.
7, It should be noted that in the Draft Code of Offenses Against Peace and
Security of Mankind, the definition of "Genocide" was included, while the term
"Genocide" has been imitted. In the above Draft Code only particular elements of
the crime of Genocide are being used under the nomenclature of Acts. The Chinese
proposal in many instances, uses the word "Acts" instead of the Crime of Genocide.
8. By several resolutions of the Assembly, especially by resolution of ov.
1947, it was decided, contrary to a Soviet proposal, that genocide is a different
matter than codification of the Nuremberg judgement. Forty parliaments have
ratified the Genocide Convention and the will of half of the population Of the
globe, as wmres',ed by these ratifications, should not be obstructed now.
9. It sho;zlc be recalled that on November 21, 1947 in the Plenary Session of
the Assembly (November 20, 1947 in the Legal Cormittee) the Soviet delegation
proposed the replacement of the Genocide Convention by Crimes Against Humanity
from the Nuremberg judgement to be incorporated in a Draft Code of Offenses
Against the Peace and Security of Hankind. Vishynsky's proposal was well founded
in terms of Soviet interests. According to the Nuremberg principles and the concept
Crimes Against Humanity the Soviet Union would not be responsible for" crimes
which she is committing in times of peace. It would appear very strange if
Visehynsky Aso:=1d win hi.s battle with the help of his most embittered enemy, the
Chines delegation under the Assembly Chairmanship of a Canadian statesman.
course of action will be that the Chinese delegation withdraw its
proposal, or failing that, that the General Assembly reject directly the
Chinese proposals
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