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Genocide and the Rule of Law Hearing Committee on The S. HRG. 110–46 GENOCIDE AND THE RULE OF LAW HEARING BEFORE THE SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 5, 2007 Serial No. J–110–9 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 35–763 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:28 Jun 08, 2007 Jkt 035763 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\35763.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. BIDEN, JR., Delaware ORRIN G. HATCH, Utah HERB KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California JON KYL, Arizona RUSSELL D. FEINGOLD, Wisconsin JEFF SESSIONS, Alabama CHARLES E. SCHUMER, New York LINDSEY O. GRAHAM, South Carolina RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas BENJAMIN L. CARDIN, Maryland SAM BROWNBACK, Kansas SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma BRUCE A. COHEN, Chief Counsel and Staff Director MICHAEL O’NEILL, Republican Chief Counsel and Staff Director SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW RICHARD J. DURBIN, Illinois, Chairman EDWARD M. KENNEDY, Massachusetts TOM COBURN, Oklahoma JOSEPH R. BIDEN, JR., Delaware JON KYL, Arizona RUSSELL D. FEINGOLD, Wisconsin LINDSEY O. GRAHAM, South Carolina BENJAMIN L. CARDIN, Maryland JOHN CORNYN, Texas SHELDON WHITEHOUSE, Rhode Island SAM BROWNBACK, Kansas JOSEPH ZOGBY, Chief Counsel MARY HARNED, Republican Chief Counsel (II) VerDate 0ct 09 2002 10:28 Jun 08, 2007 Jkt 035763 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\35763.TXT SJUD1 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Cardin, Benjamin L., a U.S. Senator from the State of Maryland, prepared statement .............................................................................................................. 70 Coburn, Hon. Tom, a U.S. Senator from the State of Kansas ............................. 4 Cornyn, Hon. John, a U.S. Senator from the State of Texas, prepared state- ment ...................................................................................................................... 82 Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois .................... 1 prepared statement .......................................................................................... 88 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared statement .............................................................................................................. 104 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts, prepared statement .............................................................................................. 103 WITNESSES Cheadle, Don, Actor and Activist, Los Angeles, California .................................. 11 Dallaire, Lieutenant-General, Romeo A., Senator, Parliament of Canada, Ot- tawa, Ontario ........................................................................................................ 8 Mandelker, Sigal P., Deputy Assistant Attorney General, Criminal Division, Department of Justice, Washington, D.C. .......................................................... 5 Orentlicher, Diane F., Professor of International Law, American University, Washington, D.C. ................................................................................................. 16 QUESTIONS AND ANSWERS Responses of Don Cheadle to questions submitted by Senator Coburn .............. 36 Responses of Romeo A. Dallaire to questions submitted by Senators Coburn and Cornyn ........................................................................................................... 38 Responses of Sigal P. Mandelker to questions submitted by Senator Durbin .... 43 Responses of Diane F. Orentlicher to questions submitted by Senators Coburn and Cornyn ........................................................................................................... 50 SUBMISSIONS FOR THE RECORD Alliance for Justice, Nan Aron, President, Washington, D.C., letter .................. 55 American Progress Action Fund, John D. Podesta, President and CEO, Mark D. Agrast, Senior Fellow, Washington, D.C., letter .......................................... 57 Amnesty International, New York, New York, statement ................................... 58 Armenian Assembly of America, Bryan Ardouny, Executive Director, Wash- ington, D.C., statement ........................................................................................ 59 Armenian National Committee of America, Aram Hamparian, Executive Di- rector, Washington, D.C., letter and statement ................................................. 65 Cheadle, Don, Actor and Activist, Los Angeles, California, prepared state- ment ...................................................................................................................... 73 Dallaire, Lieutenant-General, Romeo A., Senator, Parliament of Canada, Ot- tawa, Ontario, prepared statement .................................................................... 84 Freedom House, Jennifer Windsor, Executive Director, Washington, D.C., let- ter .......................................................................................................................... 91 Genocide Intervention Network, Mark Hanis, Executive Director, Washington, D.C., letter ............................................................................................................ 92 Human Rights First, Elisa Massimino, Washington Director, Washington, D.C., letter ............................................................................................................ 94 (III) VerDate 0ct 09 2002 10:28 Jun 08, 2007 Jkt 035763 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\35763.TXT SJUD1 PsN: CMORC IV Page Human Rights Watch, Jennifer Daskal, Advocacy Director, US Program, and Tom Malinowski, Washington Advocacy Director, Washington, D.C., letter .. 96 Hutson, John D., RADM JAGC USN (retired), Dean, Franklin Pierce Law Center, Concord, New Hampshire, letter ........................................................... 97 Jewish Community Relations Council, Alan Solow, Chair, and Jay Tcath, Director, Chicago, Illinois, letter ......................................................................... 98 Jewish Council for Public Affairs, Steve Gutow, Executive Director, Wash- ington, D.C., letter ............................................................................................... 101 Mandelker, Sigal P., Deputy Assistant Attorney General, Criminal Division, Department of Justice, Washington, D.C., prepared statement ...................... 106 Open Society Institute, Aryeh Neier, President, New York, New York, letter .. 114 Orentlicher, Diane F., Professor of Law, American University, Washington, D.C., prepared statement .................................................................................... 115 Save Darfur Coalition, David C. Rubenstein, Executive Director, Washington, D.C., letter ............................................................................................................ 126 VerDate 0ct 09 2002 10:28 Jun 08, 2007 Jkt 035763 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\35763.TXT SJUD1 PsN: CMORC GENOCIDE AND THE RULE OF LAW MONDAY, FEBRUARY 5, 2007 UNITED STATES SENATE, SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW, COMMITTEE ON THE JUDICIARY, Washington, D.C. The Subcommittee met, pursuant to notice, at 3:02 p.m., in room SD–226, Dirksen Senate Office Building, Hon. Richard J. Durbin, Chairman of the Subcommittee, presiding. Present: Senators Durbin, Cardin, Whitehouse, Cornyn, and Coburn. OPENING STATEMENT OF HON. RICHARD J. DURBIN, A U.S. SENATOR FROM THE STATE OF ILLINOIS Chairman DURBIN. The Subcommittee on Human Rights and the Law will come to order. Welcome to our Subcommittee’s first meet- ing. The topic today is genocide and the rule of law. This is the in- augural hearing of this newly created Subcommittee. We are hon- ored to have a distinguished panel of witnesses for our first hear- ing. After a few remarks, I would like to recognize my Ranking Member, Senator Coburn of Oklahoma, for an opening statement. Then we will turn to the witnesses. A word about the new Subcommittee. First, my thanks to Sen- ator Patrick Leahy, Chairman of the Senate Judiciary Committee, for establishing this Subcommittee and allowing me to serve as Chairman. Senator Leahy has a long record of championing human rights for many years, and this Subcommittee is further indication of his commitment. Without objection, I would like to enter into the record at this point a statement by Senator Leahy. Without objection, so ordered. This is the first time in the history of the Senate that there has been a Subcommittee focused on human rights. The timing is right. At this moment in history, it is vitally important to our national interest to promote greater respect for human rights around the world. When our leaders speak of our inherent desire for freedom and our communal need for democracy, they are acknowledging the fun- damentals of human rights, and those who ignore and violate these fundamentals do more than challenge some idealistic goal. Repres- sive regimes
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