Evening star., 1945-08-09

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military tribunal Hereinafter called
J "the tribunal") for the just and
, prompt trial and punishment Of the
major war criminals of the European
, Axis.
Article z The tribunal shall
consist of four members, each with
an alternate. One member and one
, alternate shall be appointed by each
of the signatories. The alternares
shall, so far as they are able, be
present at all sessions of the tribu-
nal. In case of illness of any member
of the tribunal or his incapacity for
some other reason to fulfill his
i functions, his alternate shall take
his place.
Article 8. Neither the tribunal, its
members or their alternates can be
challenged by the prosecution, or by
the defendants or their counsel.
Each signatory may replace its
member of the tribunal or his al
ternate for reasons of health or for
other good reasons, except that no
replacement may take place during
a trial, other than by an alternate.
Four to Constitute Quorum.
Article 4. (A) The presence of all
four members of the tribunal or the
alternate for any absent member
shall be necessary to constitute the
quorum.
(B) The members of the tribunal
shall, before any trial begins, agree
among themselves upon the selec-
ton from their number of a presi-
dent, and the president shall hold
Office during that trial, or as may
otherwise be agreed by vote of
not less than three members. The
principle of rotation of presidency
for successive trials is agreed. If,
however, a session of the tribunal
takes place on the territory of one
of the four signatories, the repre-
sentative of that signatory on the
tribunal shall preside.
Co Save as aforesaid the tribunal
shall take decisions. by a majority
vote and in case the votes are evenly
divided, the vote Of the president
shall be decisive: Provided always
that convictions and sentences shall
only be imposed by affirmative votes
of at least three members of the
tribunal.
Article 5: In case of need and de-
pending on the number of the
matters to be tried, other tribunals
may be set up, and the establish
ment, functions and procedure of
each tribunal shall be identical, and
shall be governed by this Charter.
II. JURISDICTION AND
GENERAL PRINCIPLES.
Article 6: The tribunal established
by the agreement referred to in
article one hereof for the trial and
punishment of the major war GRIM
inals of the European Axis countries
shall have the power to try and
punish persons who, acting in the
interests of the European Axis
countrise, whether as individuals or
as members of organizations, COM
mtted any Of the following crimes:
The following acts, or any of
them, are crimes coming within the
jurisdiction of the tribunal for which
there shall be individual respon-
sibility:
(a) Crimes against peace: Namely,
planning, preparation, initiation or
waging of war of aggression, or a
war in violation of international
treaties, agreements or assurances,
or participation in common plan
or conspiracy for the accomplish
ment of any of the foregoing.
(b) War crimes: Namely, viola
tions of the laws or customs of war.
Such violations shall include, but
not be limited to, murder, ill-treat-
ment or deportation to slave labor
or for any other purpose of civilian
population of or in occupied terri
tory, murder or ill-treatment of
prisoners of war or persons on the
seas. killing Of hostages, plunder of
public or private property, wanton
destruction Of cities, towns or vii
lagos or devastation not justified by
military necessity.
Crimes Against Humanity.
(c) Crimes against humanity:
Namely, murder, determination, en-
slavement, deportation and other
inhumane acts committed against
any civilian population, before or
during the war; or prosecutions on
political, racial or religious grounds
in execution of or in connection
with any crime within the jurisdic-
ton of the tribunal, whether or not
in violation of the domestic law of
the country where perpetrated.
Leaders, organizers, instigators
and accomplices participating in
the formulation or execution of q
common plan or conspiracy to COM
NIT any of the foregoing crimes are
responsible for all acts performed by
any persons in execution of such
plan.
Article 7. The official position of
defendants, whether as heads of
state or responsible officials in gov
ernment departments, shall not be
considered as freeing them from
responsibility or mitigating punish
ment.
Article 8. The fact that the
defendant acted pursuant to order
of his government or of a superior
shall not free him from RESPONSE
bility, but may be considered in
mitigation Of punishment If the
tribunal determines that justice so
requires.
Article 9. At the trial of any in
dividual member of any group or
organization the tribunal may de-
clare Gin connection with any act
of which the individual may be con-
victeO that the group or organiza-
ton of which the individual was a
member was criminal organization.
After receipt of the indictment the
tribunal shall give such notice as
1t thinks fit that the prosecution
intends to ask the tribunal to make
such declaration and any member of
the organization will be entitled to
apply to the tribunal for leave to
be heard by the tribunal upon the
question Of the criminal character
of the organization. The tribunal
shall have power to allow or reject
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