Terry Graham of California has filed a formal complaint with the United Nations.
Date: September 3, 2010 SENT VIA REGISTERED MAIL: Sept. 3, 2010
TO: Ms. Navanethem (Navi) Pillay, UN High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights (OHCHR)
52 Rue des Pâquis
CH-1201 Geneva, Switzerland
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland
FROM: Terry Graham on behalf of European-American Christians
RE: Formal Complaint Charging the U.S. Federal Government with the Crime of Genocide of European-American Christians.
“There is no greater sorrow on earth than the loss of one’s native land.”
Euripides, 431 BC, posted on the United Nations Human Rights website: www.unhch.ch
Dear Ms. Pillay:
I hereby file a formal complaint with the Office of the United Nations High Commissioner for Human Rights, charging the United States’ Federal government with violating human rights laws by intentionally committing GENOCIDE against myself and other European-American Christians through its immigration laws, policies and procedures, including failures to enforce existing laws. I further charge that U.S. Federal immigration laws, policies and procedures – and actions and lawsuits filed by the Federal government against individuals and States including, but not limited to, Arizona with the result of continuing the intentional GENOCIDE of European-America Christians — violate the U.N. Genocide Convention of 1948, international customary law, international treaty law, and U.S. law.
Because the ongoing destruction of the European-American Christian population is a serious legal, moral, cultural, social, religious, political and economic issue, and a matter of the survival of my people, and because the pace of that destruction is escalating, I petition the UN High Commissioner for Human Rights to promptly investigate this charge of GENOCIDE, and to make an immediate formal request of the United States federal government to place a judicial stay on all immigration laws, policies, procedures, lawsuits and legal actions that advance this GENOCIDE.
This stay must halt all admissions into the U.S. of all non-European/Christian immigrants, refugees, asylees, parolees, foreign students, temporary workers, etc. until the UN High Commissioner for Human Rights can complete a thorough investigation of this claim, and take immediate, appropriate steps to remedy this egregious situation.
In 1960, European-American Christians constituted nearly 90 percent of the U.S. population. The U.S. Census Bureau projects that by as early as 2050, well within the lifespan of today’s children, European-Americans will be reduced to less than 50 percent of the U.S. population.
Rafael Lemkin, creator of the term “GENOCIDE” defined it as follows:
“Generally speaking, genocide does not necessarily mean destruction of a nation… It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity but as members of a national group.”
The U.N. Genocide Convention, Article II, Section C defines GENOCIDE in part as, “Deliberately inflicting on the group (national, ethnic, racial, or religious) conditions of life calculated to bring about its physical destruction in whole or in part”. (Citations on relevant international customary and treaty law, as well as U.S. federal law and legal decisions, are provided below.)
Legal remedies for the crime of GENOCIDE include “reparations” as defined by international law that “…must wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed.”
Therefore, I further petition the UN High Commissioner for Human Rights to immediately demand that the Federal government of the United States take immediate steps to re-establish the European-American Christian population relative to the current U.S. population to its demographic size — 90 percent – on December 9, 1948, the day on which international customary law against GENOCIDE took effect.
If the UN High Commissioner for Human Rights refuses to investigate and act upon my complaint of GENOCIDE, I must conclude that:
(1) international law and human rights law are no longer binding on the United States of America federal government, or
(2) European-American Christians, alone, are not protected by these laws.
Please respond in writing to my complaint without delay, no later than September 30, 2010.
Θ Euro-American Christians Devastated by Non-European/Non-Christian Immigration
Background of Complaint Charging U.S. Federal Immigration Laws, Policies, and Procedures Result in GENOCIDE of European-American Christians:
The effect of U.S. immigration policy since 1965, when — for the first time in our nation’s history – the U.S. Congress permitted massive non-European immigration, has been to perpetrate GENOCIDE against the nation’s European-American Christian majority.
The term “GENOCIDE” is defined here by:
(1) International customary law,
(2) International treaty law, and
(3) U.S. federal law.
Today, Federal immigration policy is “deliberately inflicting on” European-American Christians, “…conditions of life calculated to bring about the physical destruction in whole or in part,” one of the definitions of GENOCIDE set forth in the U.N. Genocide Convention of 1948. [Article II also defines GENOCIDE as: “(b) causing serious bodily or mental harm to members of the group” and (d) “Imposing measures intended to prevent births within the group”, which would include taxation policies that penalize and impose undue financial hardships upon European-American Christians, while providing tax-subsidized services for non-European, non-Christian illegal aliens and immigrants.]
Under international law, the following acts are punishable offenses: “conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, or complicity in genocide.”
To reiterate: Legal remedies for the crime of GENOCIDE include “reparations” as defined by international law that “must wipe out all the consequences of the illegal act and to re-establish the situation which would, in all probability, have existed if that act had not been committed.”
Θ European-American Christians Devastated by Non-European/Non-Christian Immigration
In a speech on immigration and its impact upon U.S. demographics, President Bill Clinton in June 1998 said that, “In a little more than 50 years, there will be no majority race in the United States.”
President Clinton’s public acknowledgement that the ongoing, intentional destruction of the nation’s European-American Christian majority was underway revealed that this destruction would continue until this majority (90 percent) national group was reduced to a minority. That is, Pres. Bill Clinton acknowledged the crime of GENOCIDE and did nothing to stop it; all Presidents since Clinton – in fact since Lyndon Johnson – have acted to expedite this GENOCIDE.
This unprecedented devastation of our nation’s majority population during peace time is confirmed by our national Census. In 1960, the Census found European-Americans were 89 percent of the nation’s population, compared with 81 percent in the 1790 Census, and eight-point increase that took more than 100 years. Yet the 1990 Census found the proportion of “white” had been reduced to 75 percent of the nation’s population – an astonishing 14-point drop in just 30 years. (Note: Since the “white” Census category includes non-European, non-Christian whites from North Africa, the Middle East including Israel, and the former Soviet Union, and non-European Mexicans, South Americans – who comprise a significant number of immigrants – the true number of white Americans of European and Christian descent is likely far lower. (See, for example, the U.S. Department of Justice’s racial and ethnic categories and definition of “White”.)
Citizens’ efforts to create a “European-American” category in the 2000 and 2010 Censuses were thwarted by federal officials. These and other Federal policies make it impossible to evaluate the true scale of GENOCIDE against European-American Christians. The 2010 Census failed to capture population figures for European-American Christians, demonstrating a double-standard because the Census questionnaires include many identifiers for the diverse racial, ethnic, and national origin of respondents who are not of European descent.
The sharp demographic decline – GENOCIDE — of European-American Christians is the direct result of immigration policies pursued by the U.S. government since 1965, resulting in 80 to 90 percent of all current legal immigrants coming from Third World sites such as Mexico and other parts of Latin America, Asia, Africa, and the Caribbean. More than 90 percent of all illegal aliens amnestied – that is, granted legal status – by the U.S. government also come from the Third World. And nearly all of the estimated 300,000 to 500,000 illegal aliens who settle each year in the U.S. are from the Third World.
The U.S. Census Bureau projects that by as early as 2050, well within the lifespan of today’s children, European-American Christians will be reduced to less than 50 percent of the U.S. population. In California, European-Americans became a demographic minority by the year 1999, and will soon become a minority in Texas, Florida and New York.
Despite grassroots efforts to stop present GENOCIDAL immigration policies and strong support expressed in every poll of citizens to steeply reduce – or halt – immigration and stop granting citizenship status to offspring of illegal aliens born in the U.S., Federal government actions are quickly reducing the European-American Christian population in this nation.
Since 1965, the Federal immigration policies — including recent legal actions and lawsuits filed against the State of Arizona and various individuals — imposed upon the European-American Christian majority by the U.S. Government have been both illegal and unconstitutional, for the following reasons:
#1 These policies violate international customary law against GENOCIDE, binding on the U.S. government since its adoption by the U.N. General Assembly on December 9, 1948. The Foreign Relations Law of the United States, Volume 2, Section 702, d, [c] which recognizes international customary law against GENOCIDE, prohibits “Deliberately inflicting on the group (national, ethnical, racial, or religious) conditions of life calculated to bring about its physical destruction in whole or in part”. While just one of the legal definitions of “group” must be met under this law, European-American Christians in fact meet at least two. Racially, we are white or Caucasian; ethnically we are European, 90 percent are Christians or ethnic Christians; and as 89 percent of the U.S. population in 1960, we defined the nation and shared a common origin.
#2 U.S. Congress has recognized international customary law against GENOCIDE in U.S. Public Law 95-435. Enacted in 1978, Section 5 (b) states: “It is the sense of the Congress that the Government of the United States should take steps to disassociate itself from any foreign government which engages in the crime of genocide.” Since the Senate did not ratify the 1948 U.N. Genocide Convention until 1988, and the foreign country specified in this law as guilty of genocide – Uganda — also was not yet a signatory to the Convention, U.S. Public Law 95-435 can refer only to international customary law against GENOCIDE. By enacting this Public Law, Congress has recognized both the validity of international customary law against GENOCIDE and its applicability to acts of the Federal government. Federal, State and local governmental employees take an oath to uphold the U.S. Constitution and laws, which they are violating with intent.
#3 The U.S. Constitution, Article I, Section 8 both recognizes international customary law and confers on Congress the power “to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.”
#4 The U.S. Supreme Court has held international customary law binding on the U.S. government since Paquete Habana in 1900 (175 U.S. at 708). In that opinion, Justice Gray wrote, “…international law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.”
#5 In 1988, the U.S. Senate ratified the 1948 U.N. Genocide Convention. Article II, Section C defines genocide in part as “Deliberately inflicting on the group (national, ethnical, racial, or religious) conditions of life calculated to bring about its physical destruction in whole or in part”. Article IV of the Convention guarantees the right to take legal action against the U.S. federal government and others for violating this law, stipulating that those who commit GENOCIDE, “…shall be punished whether they are constitutionally responsible rulers, public officials, or private individuals.”
#6 U.S. Federal immigration policies violate Article VI of the U.S. Constitution which states that “all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land.”
#7 U.S. Federal immigration policies violate U.S. Public Law 100-606 which, in accordance with Article V of the 1948 U.N. Genocide Convention, made the provisions of that Convention federal law. This statute amended Part 1 of Title 18 of the United States Code by inserting “Chapter 50A – Genocide”. Section 1091 (a) (4), defines GENOCIDE to include act(s) which “subjects the group (national, ethnical, racial, or religious) to conditions of life that are intended to cause the physical destruction of the group in whole or in part” in time of peace or war.
#8 The U.S. Congress publicly and repeatedly declared that the 1965 Immigration Reform Act would not reduce the proportional size of the European-American majority population. U.S. Senator Robert Kennedy insisted that, “The distribution of limited quota immigration can have no significant effect on the ethnic balance of the United States.” Sen. Kennedy added that, “… [This] should set to rest any fear that this bill will change the ethnic, political, or economic make-up of the United States.” U.S. Senator Edward Kennedy, floor manager of the 1965 immigration bill, stated at the onset of Senate hearings that, “The ethnic mix of this country will not be upset” by this legislation. In other words, Americans were assured repeated that 1965 changes in Federal immigration laws would not perpetrate GENOCIDE against the majority population at that time, i.e., European-American Christians. These assurances were misrepresentations – lies — designed to obfuscate and confuse Americans on the planned GENOCIDE of European-American Christians which Pres. Clinton and others now freely acknowledge and advance with impunity.
#9 U.S. immigration law, policies, and procedures violate human rights law and the rights of European-American Christians specifically.
European-American Christians Devastated by Non-European/Non-Christian Immigration: Two Separate – Unequal & Unjust – U.S. Immigration Policies
Since at least 1965, the U.S. Congress, the President and Executive Branch, and the judiciary have actively imposed massive Third World immigration upon the U.S., where European-American Christians have always been the majority population. In stark contrast to its domestic policies, the U.S. Congress, has actively opposed immigration policies that would upset the racial/ethnic makeup of five U.S. territories where non-European peoples form the majority populations – American Samoa, the Northern Marians, and the “Free Associated States” of the Marshall Islands, Federated States of Micronesia, and Palau – for the express purpose of preserving their respective ethnic majorities.
These distinct, conflicting immigration policies – one for the United States, another for five U.S. territories – show that the U.S. Congress is well aware of the direct relationship between immigration and racial, ethnic and religious demographic shifts that can constitute GENOCIDE, and is destroying the nation’s European-American Christians, its racial-ethnic-religious demographic majority, deliberately with assistance from the Executive and Judicial branches of government.
International law against GENOCIDE is jus cogens, that is it preempts, supersedes and nullifies any laws which violate its principles, including all current U.S. Federal immigration law, policies and procedures, legal actions and lawsuits that advance GENOCIDE.
I hereby demand “reparations” as defined by international law, specifically: to restore the United States’ nation’s racial and ethnic mix in 1948, when the law against GENOCIDE took effect.
Θ Overview of This Complaint and Remedies Sought:
* U.S. immigration laws, policies and procedures violate human rights law against GENOCIDE
* U.S. immigration laws, policies and procedures violate international and United Nations’ laws against GENOCIDE
* U.S. immigration laws, policies and procedures violate U.S. laws against GENOCIDE
* U.S. immigration law, policies, and procedures that are advancing GENOCIDE against European-American Christians are therefore null and void
* The U.S. government must re-establish the European-American Christian population to its demographic size — 90 percent relative to the current population — as of December 9, 1948, the day on which international customary law against GENOCIDE took effect.
* The U.S. government must immediately adopt and enforce an immigration policy which admits only ethnic Europeans until such time as the European-American population again constitutes 90 percent of the total U.S. population. The U.S. Federal government, with the full cooperation of State and local governments must also actively repatriate non-citizen immigrants to expedite that outcome.
Θ European-American Christians Meet Legal Requirements for Standing
European-American Christians meet the legal requirements for standing required to file this complaint:
I and other European-American Christians have (a) suffered some actual or threatened injury, (b) this injury can be traced to the challenged official conduct of the U.S. Federal government and (c) there is a substantial likelihood the alleged injuries can be redressed by a judicial decision in their favor. Those injuries include, but are not limited to, 3000 murders by immigrants on September 11, 2001.
European-American Christians satisfy the legal requirements for obtaining a stay since:
(1) We can establish legal standing
(2) We are suffering severe injuries from ongoing U.S. immigration policies, and
(3) We can show that the benefits to the European-American Christian population of a stay on all offending U.S. immigration laws, regulations, and policies outweigh any possible adverse impact that such a stay could have on others.
Θ U.S. Courts’ Rulings on International Law
U.S. Federal courts have a history of rulings based upon international customary law and international treaty law. In these cases, described below, neither the plaintiffs nor defendants were U.S. citizens or legal U.S. residents, nor did the alleged crimes occur in the United States or within its jurisdiction.
Some Relevant Legal Citations:
Filartiga v. Pena-Irala (1980)
Von Dardel v. Union of Soviet Socialist Republics (623 F. Supp. 246) (1985)
Forti v. Suarez-Mason (No. CD-87-2058-DLJ) (1988)
Xuncax v. Gramajo (Civil Action No. 91-11564-DPW) (1995)
Kadic v. Karadzic (Docket Nos. 94-9035, -9069) (1995)
In summary, I ask that the UN High Commissioner for Human Rights immediately act on my complaint, made on behalf of myself and other European-American Christians, investigating and acting upon my charge of GENOCIDE against the U.S. Federal government.
As I stated earlier, if the UN High Commissioner for Human Rights refuses or fails to investigate and rule on my complaint that the U.S. Federal government’s laws, policies, procedures and other actions are an act of GENOCIDE against U.S. European-American Christians, we must conclude that:
(1) Human rights and international law are no longer binding on the U.S. government and/or
(2) European-American Christians, alone, are not protected by those laws.
Thank you in advance for your immediate attention to this very serious matter,
PS. This is the THIRD Complaint I have filed with your office, charging the United States of America’s Federal government with intentionally committing GENOCIDE against European-American Christians. I first filed a complaint 11 years ago during the Clinton administration on September 3, 1999 (sent via U.S. Post, Registered Mail #R732364784, received by your Geneva office on September 13, 1999). My second filing was made via email in 2007. Neither of your predecessors even acknowledged my earlier filings, which were similar to this. Given U.S. Secretary of State Hillary Clinton’s recent filing with your office regarding international human rights law and the State of Arizona’s new immigration law, and U.S. President Obama and his administration in concert with the U.S. Department of Justice’s recent filing of lawsuits against the State of Arizona and Maricopa County, Arizona Sheriff Joe Arapaio – all of which actions may advance the illegal act of GENOCIDE outlined above — I ask for your immediate and equally serious attention to this my complaint as that you give to Ms. Clinton’s filings.