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Hearing days:

November 14, 1979..

November 15, 1979-

November 16, 1979.

November 19, 1979.

Statement of:

Anderegg, J. Philip, former lecturer and adjunct professor of law,

Columbia University, Forest Hills, N.Y.--

Baldwin, Roger, founder and first director, American Civil Liberties

Union, New York, N.Y.
Bitker, Bruno V., attorney, Milwaukee, Wis---
Buergenthal, Thomas, professor, University of Texas Law School,

Austin, Tex...

Butler, William J., president, American Association for the Inter-

national Commission of Jurists, New York, N.Y.

Carey, John, representing Helsinki Watch Committee, New York,


Christopher, Hon. Warren, Deputy Secretary of State, Department of

State, Washington, D.C -

Derian, Patricia, Assistant Secretary, Bureau of Human Rights and

Humanitarian Affairs, Department of State---

Farer, Thomas J., professor, Rutgers University School of Law,

Camden, N.J., and member, Inter-American Commission on Human


Garibaldi, Oscar, professor, University of Virginia Law School,

Charlottesville, Va---

Goldberg, Hon. Arthur, former Justice, U.S. Supreme Court, and for-

mer Ambassador to the United Nations, Washington, D.C-
Goldklang, Jack, attorney-advisor, Office of Legal Counsel, Depart-

ment of Justice...
Hargrove, John Lawrence, director of studies, American Society of

International Law, Washington, D.C., and lecturer, Johns Hopkins

School of Advanced International Studies..
Henkin, Louis B., professor, Columbia University of Law, New York,

N. Y. and codirector, Center for the Study of Human Rights---
Hinckley, Dr. David, chairman, board of directors, Amnesty Inter-

national, U.S.A., New York, N.Y.
Houck, Dr. John R., general secretary, Lutheran Council in the U.S.A.,

Washington, D.C., accompanied by Ralston H. Deffenbaugh, Jr.,
Esq., on behalf of the American Lutheran Church, the Lutheran
Church in America, and the Association of Evangelical Lutheran

Inman, Harry A., member, advisory board, International Human

Rights Law Group, Washington, D.C.
Kahn, Tom, assistant to the president, American Federation of Labor

and Congress of Industrial Organizations, Washington, D.C.--.
Lally, Monsignor Francis, secretary, Department of Social Develop-

ment and World Peace, U.S. Catholic Conference, Washington,


Landry, Walter J., attorney, Lafayette, La--

Lillich, Riehard B., professor of law, University of Virginia School of

Law, Charlottesville, Va..

Liskofsky, Sidney, director, Division of International Organizations,

American Jewish Committee on Behalf of National Jewish Com-

munity Relations Advisory Council, New York, N.Y.











Statement of—Continued

Page McHenry, Hon. Donald, U.S. Ambassador to the United Nations .... 395 Miller, Hon. George, a Representative in Congress from California.- 131 Moore, John Norton, University of Virginia School of Law, Charlottes

ville, Va., and vice chairman, section of international law, American
Bar Association.

66 Newman, Hon. Frank C., Associate Justice, Supreme Court of California, Sacramento, Calif.

231 Oliver, Covey T., professor of public affairs, Rice University, Houston, Tex...

118 Owen, Roberts B., Legal Advisor, Department of State, accompanied by Arthur Rovine, Assistant Legal Advisor--

24 Redlich, Norman, dean, New York University Law School, and

trustee, Freedom House, New York, N. Y., accompanied by Leonard
R. Sussman, executive director, Freedom House.

248 Schachter, Oscar, professor, Columbia University School of Law, New York, N.Y..

85 Schlafly, Phyllis, Alton, Ill..

104 Shestack, Jerome J., president, International League for Human Rights, New York, N.Y.--

338 Simmons, Althea T. L., director, Washington reau, National Asso

ciation for the Advancement of Colored People, Washington,

74 Sklar, Morton H., chairman, Washington, D.C. Office of the Helsinki Watch Committee for the United States..

260 Sohn, Louis B., Bemis professor of international law, Harvard University Law School, Cambridge, Mass.--

90 Weissbrodt, David, professor, University of Minnesota School of Law, Minneapolis, Minn.

175 Wipfler, Rev. William L., director, Human Rights Office, National Council of Churches, Washington, D.C.-

352 Yost, Hon. Charles, former U.Š. Ambassador to the United Nations, Washington, D.C..

3 Insertions for the record: Prepared statements of Hon. Jesse Helms..

7, 227 Prepared statement of Hon. Arthur J. Goldberg

12 Prepared statement of Hon. Warren Christopher

20 Status of the Genocide Treaty in the Senate..

23 Prepared statement of Roberts B. Owen...

27 Prepared statement of Jack M. Goldklang

38 Reservations to the Civil and Political Rights Covenant submitted by

Mr. Rovine..
Critique on the reservations proposed by the Department of State

submitted by the Lawyers Committee for International Human

48 Response by the Department of State to the Critique of Reservations

to the International Human Rights Covenants by the Lawyers Com-
mittee for International Human Rights---

54 Ms. Patricia Derian's responses to additional questions submitted by Senator Helms..

57 Prepared statement of Hon. Claiborne Pell, cochairman of the Commission on Security and Cooperation in Europe.

60 Biographical sketch of John Norton Moore...

65 Prepared statement of John Norton Moore..

69 Biographical sketch of Tom Kahn..

76 :. Response to Senator Pell's query re Which State Department Reservation the NAACP Objected To; submitted by Althea Simmons

81 Mr. Moore's response in connection with the Power Authority of New York v, the Federal Power Commission.-.

83 Biographical sketch of Prof. Oscar Schachter.

84 Prepared statement of Prof. Oscar Schachter.

87 Biographical sketch of Prof. Louis Bruno Sohn.

89 Prepared statement of Prof. Louis B. Sohn..

92 Prepared statement of Prof. Thomas J. Farer.

97 Prepared statement of Phyllis Schlafly.

106 Prepared statement of Bruno V. Bitker.

116 Prepared statement of Prof. Covey T. Oliver...


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129 132 138

141 163 164 168 175



230 231 239 247 251 255 257 258 263 266


Insertions for the record— Continued
Letter from Bruno V. Bitker to Senator Pell, dated November 28, 1979,

concerning Genocide Convention --
Prepared statement of Hon. George Miller.
Biographical sketch of Prof. Louis B. Henkin.
Article submitted by Prof. Louis Henkin: The Constitution, Treaties,

and International Human Rights; from the University of Pennsyl

vania Law Review, April 1968.--
Prepared statement of Prof. Louis B. Henkin.
Biographical sketch of Prof. J. Philip Anderegg-
Prepared statement of Prof. J. Philip Anderegg-
Biographical sketch of Prof. David Weissbrodt-
Article submitted by Prof. David Weissbrodt: U.S. Ratification of

the Human Rights Covenants; from the Minnesota Law Review,

November 1978.---
Letter from Tadeusz Sadowski to Senator Pell, dated December 3,

1979, in reference to the status of treaties in Soviet law...
Letter from J. Philip Anderegg to Senator Church, in reference to

article 7(c) of the International Covenant on Economic, Social, and

Cultural Rights---
Biographical sketch of Justice Frank C. Newman.
Prepared statement of Walter J. Landry--
Biographical sketch of Dean Norman Redlich.
Prepared statement of Dean Norman Redlich.
Biographical sketch of John Carey---
Prepared statement of John Carey -
Biographical sketch of Morton H. Sklar-
Prepared statement of the Washington Helsinki Watch Committee
Prepared statement of Harry A. Inman..
Statement from International Human Rights Law Group, in reference

to what they have done in the past year -
Witnesses response to additional questions requested by Senator

Javits --
Biographical sketch of Prof. Oscar M. Garibaldi.
Prepared statement of Prof. Oscar M. Garibaldi.
Prepared statement of Prof. Thomas Buergenthal
Prepared statement of John Lawrence Hargrove-
Prepared statement of Jerome J. Shestack-
Prepared statement of Rev. William L. Wipfler
Prepared statement of Monsignor Francis Lally -
Article supplied by Department of State: Covenant Open for Signa-

ture by Any Member of U.N. or Party to ICJ..
Prepared statement of Sidney Liskofsky--
Prepared statement of Dr. John R. Houck

Prepared statement of Dr. David Hinkley ----

Letter to Senator Church from President Jimmy Carter, dated No

vember 30, 1979.--
Prepared statement of Edward F. Snyder on behalf of the Friends

Committee on National Legislation, Washington, D.C----
Letter to Senator Church from American Hungarian Federation, dated

December 13, 1979.----
Prepared statement of Sarah Goddard Power, chairman, U.S. National

Commission for the United Nations Education, Scientific and Cul

tural Organization.-
Letter to Senator Church from the International Union, United Auto-

mobile, Aerospace and Agricultural Implement Workers of America

UAW, 'dated November 29, 1979--
Prepared statement of Western New York Lawyers Committee for

International Human Rights-
Prepared statement of Denise Tourover Ezekiel, representing Ha-

dassah, the Women's Zionist Organization of America, New York,

Prepared statements of Mary Grefe, president, American Association

of University Women; Dr. Wes Schwemmer Cady, Association In-
ternational Relations Representative; Katherine Eaton, chairman,
Association Legislative Program Committee; Carol Leimas, AAUW
United Nations Representative; on behalf of the American Associa-
tion of University Women, Washington, D.C..

275 319 323 330 336 340 355 371

399 402 409 420

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474 476




Letter to Senator Church from American Newspaper Publishers

Association, dated December 28, 1979.--
Prepared statement of Dana D. Fischer, assistant-professor, George

Washington University --
Prepared statement of James E. Wood, Jr., executive director, the

Baptist Joint Committee on Public Affairs, Washington, D.C---
Prepared statement of Board of Church and Society, the United

Methodist Church, Washington, D.C-----
Prepared statement of Unitarian Universalist Association, Washing-

ton, D.C.----
Prepared statement of Dr. Kenneth L. Teegarden, general minister

and president, Christian Church (Disciples of Christ) in the United

States and Canada.
Resolution adopted by the United Presbyterian Church in the U.S.A..
Prepared statement of Edna McCallion, director, United Nations

Affairs, Church Women United, New York, N.Y.-
Text from the United Nations Office of Public Information: Universal

Declaration of Human Rights.----
Human Rights Committee Publishes Views on First Case Dealt With

Under Optional Protocol to Civil and Political Rights Covenant-
Press Release from the Department of Public Information, United

Nations, New York, N.Y
International Covenants on Human Rights—From the United Nations

General Assembly, 34th session, item 84(b) of the provisional

agenda--Elimination of All Forms of Racial Discrimination From the United

Nations General Assembly, 34th session, item 86(b) of the pro

visional agenda--Rights or Wrongs—Editorial commentary from Barron's, October 17,

Defrosting Human Rights in the Senate-An article from the New

York Times, November 24, 1979---
Material submitted by the Library of Congress, Congressional Research

Service, as requested by the Senate Foreign Relations Committee--
International Covenants on Human Rights: Excerpt from the Com-

mission on Security and Cooperation in Europe's November 1979

report on U.S. compliance with the Helsinki Final Act---
The United States Approach to Ratification of the International

Covenants on Human Rights, by James W. Skelton, Jr., reprinted
from Houston Journal of International Law..-












Washington, D.C. The committee met, pursuant to notice, at 9:33 a.m., in room 4221; Dirksen Senate Office Building, Hon. Claiborne Pell, presiding.

Present: Senators Pell, Javits, and Helms.

Senator PELL. The Committee on Foreign Relations will come to order.

As the witnesses know, the hearing is scheduled for 9:30, I think perhaps inappropriately. But, as long as it is scheduled for that time and everyone was duly notified, we will begin.

Is the Honorable Arthur Goldberg here?
No response.)
Senator Pell. Is the Honorable Warren Christopher here?
(No response.)

Senator PELL. Are Ms. Patricia Derian or the Honorable Robert Owen of the State Department here?

[No response.)
Senator PELL. Is the Honorable Charles Yost here?
Ambassador Yost. Yes, Mr. Chairman.

Senator PELL. Wonderful. My dear, old friend is here and I am delighted. We will begin with Ambassador Yost in this case. Would you please come forward, Mr. Yost, while I deliver my opening statement.


The first step toward safeguarding the human rights of all peoples

ken nearly 31 years ago on December 10, 1948. For, on tha day, the Universal Declaration of Human Rights was adopted by the United Nations General Assembly.

Eleanor Roosevelt delivered a passionate speech before the General Assembly in support of the Declaration. She said:

We stand today at the threshold of a great event both in the life of the United Nations and in the life of mankind, that is, the approval by the General Assembly of the Universal Declaration of Human Rights recommended by the entire committee. This Declaration may well become the international Magna Carta of all men everywhere. We hope its proclamation by the General Assembly will be an event comparable to the proclamation of the Declaration of the Rights of Man, by the French people in 1789, the adoption of the Bill of Rights by the people of the United States, and the adoption of comparable declarations at different times in different countries.

The International Human Rights Covenants before us today represent the culmination of the commitments we assumed under the Universal Declaration of Human Rights.

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