Fort Laramie Treaty of 1851

(Horse Creek Treaty)

Indigenous Red Nations & Peoples and the Genocide Convention Implementation (Proxmire Act) of 1987

18 U.S. Code Chapter 50A – Genocide

Title 18 – Crimes and Criminal Procedure

Part I – Crimes

Chapter 50A – Genocide

Sections:

1091. Genocide
1092. Exclusive remedies
1093. Definitions

18 U.S. Code § 1091 – Genocide

(a) Basic Offense. – Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such –

kills members of that group;
causes serious bodily injury to members of that group;
causes the permanent impairment of the mental faculties of members of the group through drugs, torture (mental/physical), or similar techniques;
subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
imposes measures intended to prevent births within the group; or
transfers by force children of the group to another group;

or attempts to do so, shall be punished as provided in subsection (b).

(b) Punishment for Basic Offense. –

in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;
a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

(c) Incitement Offense. – Whoever in a circumstance described in subsection (d) directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d) Required Circumstance for Offenses. – The circumstance referred to in subsections (a) and (c) is that –

the offense is committed within the United States; or
the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

(e) Nonapplicability of Certain Limitations. – Notwithstanding section 3282 of this title, in the case of an offense under (a)(1), an indictment may be found, or information instituted, at any time without limitation.

Source: Added Pub. L. 100–606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3045; amended Pub. L. 103–322, title VI, Sec. 60003(a)(13), Sept. 13, 1994, 108 Stat. 1970.

Notes:

Amendments 1994 – Subsec. (b)(1). Pub. L. 103–322, which directed the substitution of “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 or imprisonment for life,” was executed by making the substitution in text which contained the phrase “and imprisonment for life;” rather than “or imprisonment for life,” to reflect the probable intent of Congress.

Short Title

Section 1 of Pub. L. 100–606 provided that: “This Act (enacting this chapter) may be cited as the ‘Genocide Convention Implementation Act of 1987 (the Proxmire Act)’.”

18 U.S. Code § 1092 – Exclusive Remedies

Nothing in this chapter shall be construed as precluding the application of State or local laws to the conduct proscribed by this chapter, nor shall anything in this chapter be construed as any substantive or procedural right enforceable by law by any party in any proceeding.

Source: Added Pub. L. 100–606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3046.

18 U.S. Code § 1093 – Definitions

As used in this chapter –

“children” means individuals who have not attained the age of eighteen years;
“ethnic group” means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage;
“incites” means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct;
“members” means the plural;
“national group” means a set of individuals whose identity as such is distinctive in terms of nationality or national origins;
“racial group” means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent;
“religious group” means a set of individuals whose identity as such is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals;
“substantial part” means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity the nation of which such group is a part.