2011-01-10

Domestic Violations of International Treaties

“Circumcision” is a deprecated euphemism for the atrocity that is more accurately referred to as “Male Genital Mutilation.” It is the wanton amputation of a normal, healthy, functioning body part, which is certainly a second degree felony under Utah Statute 76-5-105, “Mayhem.” Infant Genital Mutilation also certainly falls under 76-5-109, “Child Abuse”. In particular, the following definitions given under 76-5-109(1) can be easily shown to be applicable:
  • 76-5-109(1)(f)(i)(B), “involves physical torture”;
  • 76-5-109(1)(f)(i)(G), “any conduct toward a child that results in severe emotional harm, [...] or severe impairment of the child's ability to function”; and
  • 76-5-109(1)(f)(i)(H), “any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ”;
Given the true and factual information about the anatomy and physiological function of the male prepuce explained by the D.O.C. Policy Statement, along with the above definitions from the Utah Statutes, Child Abuse 76-5-109(2)(a) makes Infant Male Genital Mutilation a second degree felony. Other Utah laws that may apply include 76-5-107, “Threat of Violence,” 76-5-103, “Aggravated assault,” 76-5-106, “Harassment,”, Solicitation for Conspiracy to commit, Fraud by Deception, and Omission or failure to act. Genital Mutilation is not a “rite.” It is a crime.
Further, because this brutally harmful atrocity has seen such widespread and systematic practice in the United States of America, it truly fits the definition of a “Crime Against Humanity” as defined by the Rome Statute Explanatory Memorandum, which defines the jurisdiction of the International Criminal Court. The Rome Statute recognizes rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, "or any other form of sexual violence of comparable gravity" as crime against humanity if the action is part of a widespread or systematic practice.
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, “are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. Murder; extermination; torture; rape; political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion.”
The United States of America justified the invasion of Iraq, in part, by citing the crimes committed by Saddam Hussein's regime---e.g. the use of poison gas against the Kurdish people. If that war was justifiable, then perhaps it is reasonable to consider Male Genital Mutilation to be a threat to U.S. National Security. It does not require very many steps of reasoning to cross the border between U.S. actions in Iraq and forseeing a large posse entering within this country to do battle against these domestic violations of human rights. Fortunately, this is not a battle likely to be won with the use of destructive weaponry. Violence is the problem, not the solution.
Furthermore, if our own citizens, law enforcement, and courts will not acknowledge Genital Mutilation as an atrocious crime, then certainly our “government”, guilty of selective enforcement of it's own laws, faces a very serious legitimation crisis. We can no longer live in denial of this obvious threat to our health and welfare. We need to look the serpent in the eye, see it for what it is, and help it to become entire and whole again. We must end the cycle of violence by refusing to continue to inflict pain and deprivation upon each new generation, and by protecting infants from those who would continue this atrocity.
You know what they say: “If you want Democracy, then start with your own family.”

7 comments:

  1. I like your viewpoint. I've often said that after Bush couldn't find WMD in Iraq, he repeatedly said that we had to go in and stop Saddam because he mutilated and killed his own people. I then add that I think Europe should invade the USA and at least occupy our hospitals so that our doctors quit mutilating baby boys.

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  2. Amputation of the prepuce does not prevent HIV. If it did, then the HIV rate in the United States could be expected to be much lower than that of nations where prepucial amputation is less common; but the HIV rate in the USA is actually significantly higher than theirs. The violent crime rate is higher here also. Even discounting the violent crime of the genital mutilation itself, studies have shown that in parts of the world where MGM is widely practiced, the level of violence is also higher. In Islamic countries, they do it to 8 year olds. They wait until they find out what it is before they take it away... "No wonder the Jews and Muslims are constantly at war with one another" is what people in countries that protect their boys from penis mutilation think of it.

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  3. To: comments@mgmbill.org

    In the 2012 Utah MGM Bill, it is not clearly stated that IGM is a felony. The bill is too weak in that it says they shall be fined or imprisoned for no more than 14 years, or both. I believe that under existing laws, it is already a first degree felony mayhem, aggravated object rape, and second degree felony child abuse enhanceable to a first degree due to its sexual and aggravated nature. (Aggravated means that the crime is committed by a person who is in a special position of trust or authority over the victim or the victim's legal guardian; it can also mean that a "weapon" was used.) This sort of first degree felony carries a mandatory prison sentence, of (I believe) no less than 15 years, per count.

    Many of the worst offenders have committed hundreds of counts of this crime over the years. Introducing the MGM Bill would open the door to an ex post facto defense strategy, which would let them get away with their past crimes. I do not find that to be acceptable. They deserve to be punished, under existing laws, for their willful injury to infants. "Circumcision" is an aggravated sexual battery. No new laws need to be passed.

    For these reasons I can not support the 2012 Utah MGM bill as written.

    "Domestic Violations of International Treaties" is a quick article I wrote last year explaining that not only is genital mutilation illegal under existing laws, it is a violation of international treaties. Due to the widespread and systematic practice of infant genital mutilation in the United States, it is a Crime Against Humanity as defined by the Rome Statute.

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  4. The United States Government is guilty of Crimes Against Humanity with its mass circumcision campaign in Swaziland which is part of the PEPFAR program.

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