Precinct 333

Thursday, February 10, 2005

The Danger Of Treaties

She thought she was writing about a good way to ban hate speech. What Beth Goodtree really did was give a great reason for signing on to fewer treaties, and making sure that those treaties do not impinge upon the rights of Americans under the Constitution.

Much of today's anti-Semitism and anti-Israel sentiment is promulgated by hate speech. Falsely wrapping themselves in the 'free speech' provisions of various countries, these haters have been given free rein to spread their repugnant political agendas aimed at genocide and ethnic cleansing. However, we can stop this and we have the legal juice to do it. Even as individuals. Here's how:

Remember those pesky Geneva Conventions? We, the United States, signed them, as did Israel, Great Britain, Canada, and many other countries. Well, when we signed them, we agreed to carry out all sections of them. No "one-from-column-A-one-from-column-B" nonsense. America, and all other signatories, agreed to them all.

Therefore, since the US is a signatory to all the Geneva Conventions; and since the Geneva Conventions list 'hate speech' as a war crime of genocide (or the implied potential to encourage genocide); and also since it clearly states* in Articles III and IV that any signatory must amend their constitutions or other legal processes to be in compliance; this makes it clear that "hate speech" as defined by the Geneva Conventions themselves, is not protected under US or any other signatory country's law. "Hate speech" is defined as incitement towards a group based upon national, ethnic or religious affiliation. Also included in this "Hate Speech" part of the Geneva Conventions are people who aid, fund, abet or help in any way.

Therefore, private individuals or groups can sue others in US civil court for violations of the Geneva Convention's Hate Speech provisions - a war crime.

Her candidates for prosecution for exercising rights guaranteed under the First Amendment?

The Museum of Modern Art in New York City, for showing The Road to Jenin and other films that present Israel in a bad light vis-a-vis the Palestinian conflict.

Islamist religious leaders who continually call for "death to the Crusaders (Christians) and Zionists."

Saudi Arabia.

Duke University and other schools hosting pro-Palestinian events.

Maybe the time has come for us to reconsider our continued adherance to these treaties as impinging upon national sovereignty and the rights guaranteed to the American people under our Constitution.

* The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 26 November 1968

Article III

The States Parties to the present Convention undertake to adopt all necessary domestic measures, legislative or otherwise, with a view to making possible the extradition, in accordance with international law, of the persons referred to in article II of this Convention.

Article IV

The States Parties to the present Convention undertake to adopt, in accordance with their respective constitutional processes, any legislative or other measures necessary to ensure that statutory or other limitations shall not apply to the prosecution and punishment of the crimes referred to in articles I and II of this Convention and that, where they exist, such limitations shall be abolished.


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