{"id":29786,"date":"2022-11-28T11:13:21","date_gmt":"2022-11-28T16:13:21","guid":{"rendered":"https:\/\/www.indianz.com\/News\/?p=29786"},"modified":"2022-11-28T11:13:22","modified_gmt":"2022-11-28T16:13:22","slug":"albert-bender-genocide-of-indian-nations-at-the-u-s-supreme-court","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2022\/11\/28\/albert-bender-genocide-of-indian-nations-at-the-u-s-supreme-court\/","title":{"rendered":"Albert Bender: Genocide of Indian nations at the U.S. Supreme Court"},"content":{"rendered":"\"Stop<\/a>
A Native woman holds a sign reading “Stop Colonizers: Protect ICWA” on the steps of the U.S. Supreme Court as the justices hear arguments in an Indian Child Welfare Act case on November 9, 2022. Photo by Indianz.Com (CC BY-NC-SA 4.0)<\/a><\/figcaption>\r\n
Overturning the Indian Child Welfare Act would renew genocide of Indigenous nations<\/div>\r\n
Monday, November 28, 2022<\/div>\r\n
By Albert Bender<\/div>\r\n
People's World<\/div>\r\n
peoplesworld.org<\/A><\/div>\r\n

<\/p>\r\nIncredibly, there is a case now before the United States Supreme Court that, depending on how it\u2019s decided, could resume the genocide of Tribal nations in the U.S. \r\n

<\/p>\r\nThe case is centered on the Indian Child Welfare Act (ICWA), a law that gives preference to relatives and Native nations in cases involving the foster care and adoption of Native children. The plaintiffs in the case of Brackeen v. Haaland<\/em> seek to overturn the ICWA.

<\/p>\r\nBut before going further into the details of the case, let\u2019s reference the definition of genocide established by the United Nations General Assembly on the Prevention and Punishment of the Crime of Genocide. Article 2 of the Convention reads as follows:

<\/p>\r\n

\r\n\u201c[I]n the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such:<\/em>

<\/p>\r\n(a) Killing members of the group;<\/em>

<\/p>\r\n(b) Causing serious bodily or mental harm to members of the group;<\/em>

<\/p>\r\n(c) Deliberately inflicting on the group conditions of life calculated to bring about about its physical destruction in whole or in part;<\/em>

<\/p>\r\n(d) Imposing measures intended to prevent births within the group;<\/em>

<\/p>\r\n(e) Forcibly transferring children of the group to another group;\u201d<\/em>\r\n<\/div>\r\n

<\/p>\r\nDuring the short existence of the so-called United States, all of the above heinous acts have been employed against the Indigenous nations of this country.

<\/p>\r\nSection (e) of Article 2 directly applies to the case being now considered by the Supreme Court\u2014a case which never should have even made it to the docket. To overrule the provisions of ICWA would raise the possibility, again, of forcible transferring of the children of one \u201cgroup\u201d\u2014Indigenous nations\u2014to another \u201cgroup\u201d\u2014white Americans.

<\/p>\r\nThis would again threaten the very survival of the victimized group\u2014the Indigenous nations\u2014as sovereign entities, for no nation can survive if its children are taken away.

<\/p>\r\n