dtufail/nuremberg-trials-corpus huggingface dataset:
Atrocities and persecutions and deportations on political, racial or religious grounds in [pursuance of a common plan or enterprise referred to in subparagraph (d) hereof, whether or not in violation of the domestic law of the country where perpetrated]. 7. The official position of Defendants, whether as heads of State or responsible officials in various Departments .. shall not be considered as freeing them from responsibility or mitigating punishment. 8. The fact that the Defendant acted pursuant to order of a superior or to Government sanction shall not free him from responsibility but may be considered in mitigation of punishment if the Tribunal determines that justice so requires. 9. Organisers, instigators, and accomplices who participated in the formulation or execution of a common criminal plan or in the perpetration of individual crimes are equally responsible with other participants in the crimes. 10. At the trial of any individual member of any group or organisation, the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organisation of which the individual was a member was a criminal organisation. 11. In cases where a group or organisation is declared criminal by the Tribunal, the competent national authority of any Signatory shall have the right to bring individuals to trial for membership therein before national, military or occupation courts. In any such case the criminal nature of the group or organisation is considered proved and shall not be questioned. 12. Any person may be charged before a national, military or occupation court, referred to in Article 11 of this Charter, with a crime other than of membership in a criminal group or organisation and such court may, after convicting him, impose upon him punishment independent of and additional to the punishment imposed by the Tribunal for participation in the criminal activities of such group or organisation. 13. The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence if he should be in hiding or if the Tribunal, for other reasons, finds it necessary, in the interests of justice,
activities of such group or organisation. 13. The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence if he should be in hiding or if the Tribunal, for other reasons, finds it necessary, in the interests of justice, to conduct the hearing in his absence. 14. The Tribunal shall draw up rules for its procedure. These rules shall not be inconsistent with the provisions of this Charter. COMMITTEE FOR THE INVESTIGATION AND PROSECUTION OF MAJOR WAR CRIMINALS 15. Each Signatory shall appoint a Chief Prosecutor. (1) The Chief Prosecutors shall act as a committee for the following purposes: (a) Co-ordination of the individual work of each of the Chief Prosecutors and his staff. (b) The final designation of the Defendants to be tried by the Tribunal. (c) The approval of the Indictment and of the documents to be submitted therewith. (d) The lodgement of the Indictment and the accompanying documents with the Tribunal. (e) The drawing up and recommending to the Tribunal for their approval draft rules of procedure, contemplated by Article 14 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended. The committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation. (2) The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake the following duties: (a) Investigation and collection of all necessary evidence. (b) The preparation of the Indictment for approval by the committee in accordance with paragraph (1) (e) of this Article. (e) The preliminary examination of all necessary witnesses and of the Defendants. (d) To act as prosecutor at the Trial. (e) To appoint representatives to carry out such duties as may be as signed to them. To undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial. It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its
as may be as signed to them. To undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial. It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent. FAIR TRIAL FOR DEFENDANTS 16. In order to ensure fair trial for the Defendants, the following procedure shall be followed: (a) The Indictment shall include full particulars specifying in detail the charges against the Defendants. A copy of the Indictment and of all the documents lodged with the Indictment translated into a language which he understands shall be furnished to the Defendant at a reasonable time before the Trial. (b) During any preliminary examination of a Defendant, and at the Trial, he shall have the right to give any explanation which he may desire with regard to the charges made against him. (c) A preliminary examination of a Defendant and the Trial shall be conducted or translated in a language which the Defendant understands. (d) A Defendant shall have the right to conduct his own defence before the Tribunal or to have the assistance of Counsel. (e) A Defendant shall have the right through himself or through his Counsel to present evidence at the Trial in support of his defence. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL 17. The Tribunal shall have the power (a) to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them: [(b) to require any Defendant to give testimony] (c) to require the production of documents and other evidentiary material: (d) to administer oaths: [(e) to appoint special officers of the Tribunal to take evidence and to make findings (except findings of guilt) and to certify summaries of evidence to the Tribunal, whether before or during the trial] : generally to exercise in a manner not inconsistent with the provisions of this Charter, plenary authority with respect to the Trial and the charges brought pursuant thereto. [(g) to appoint interpreters, reporters, clerks, marshals and other officials, either generally or for the trial of a particular case. Persons so appointed shall, before assuming their duties,
inconsistent with the provisions of this Charter, plenary authority with respect to the Trial and the charges brought pursuant thereto. [(g) to appoint interpreters, reporters, clerks, marshals and other officials, either generally or for the trial of a particular case. Persons so appointed shall, before assuming their duties, if required by the Tribunal, take an oath in a form approved by the Tribunal.] 18. The Tribunal shall (a) confine the Trial strictly to an expeditious hearing of the issues raised by the charges: (b) take strict measures to prevent any action which will cause unreasonable delay and rule out irrelevant issues of any kind whatsoever [and to prevent the use of the Trial as a means of dissemination of propaganda]: (c) deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any Defendant or his Counsel from some or all further proceedings, but without prejudice to the determination of the charges. 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure and shall admit any evidence which it deems to have probative value. 20. The Tribunal shall require the Defendants to satisfy it of the relevance of any evidence before the evidence is offered. 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. 22. The acts and documents of the committees set up in the various Allied countries f or the investigation of war crimes shall have the same probative value as the acts and documents drawn up by the committee established pursuant to Article 15 of this Charter. 23. The Tribunal shall sit ator at such other place as the Signatories may agree. 24. The proceedings at the Trial shall take the following course: (a) The Indictment shall be read in court. (b) The Tribunal shall ask each Defendant whether he pleads "guilty" or "not guilty." (c) The prosecution shall make an opening statement. (d) The Tribunal shall ask the prosecution and the defence what evidence (if any) they wish to submit to the Tribunal and the Tribunal shall rule upon the admissibility of any such evidence. (e) The witnesses for the
pleads "guilty" or "not guilty." (c) The prosecution shall make an opening statement. (d) The Tribunal shall ask the prosecution and the defence what evidence (if any) they wish to submit to the Tribunal and the Tribunal shall rule upon the admissibility of any such evidence. (e) The witnesses for the prosecution and for the defence shall be examined and may be cross-examined in each case by the other side. (f) The Tribunal may put any question to any witness, and to any Defendant. (g) The defence shall address the court. (h) The prosecution shall address the court. (i) Each Defendant may make a statement to the Tribunal. (j) The Tribunal shall deliver judgment and pronounce sentence. 25. All official documents shall be produced, and all court proceedings conducted, in English, Russian and French, and in the language of the Defendant. So much of the record and of the proceedings may also be translated into the language of any country in which the Tribunal is sitting, as the Tribunal considers desirable in the interests of justice and public opinion. JUDGMENT AND SENTENCE 26. The judgment of the Tribunal as to the guilt or the innocence of any Defendant shall be motivated by the reasons supporting its findings and shall be final and not subject to review. 27. The Tribunal shall have the right to impose upon a Defendant on conviction, death or such other punishment as shall be determined by it to be just. 28. In addition to any punishment imposed by it, the Tribunal shall have the right to decide on the confiscation of property of the convicted person. 29. In case of guilt, sentences shall be carried out in accordance with the orders of the Control Council which may at any time reduce or otherwise alter the sentences but may not increase the severity thereof. If the Control Council, after any Defendant has been convicted and sentenced, discovers fresh evidence which, in its opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 15 of this Charter, for such action as they may consider proper, having regard to the interests of justice. EXPENSES 30. The expenses of the Tribunal [and shall be charged by the Signatories
opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 15 of this Charter, for such action as they may consider proper, having regard to the interests of justice. EXPENSES 30. The expenses of the Tribunal [and shall be charged by the Signatories against the funds allotted for maintenance of the Control Council [and the expenses of the Chief Prosecutors shall be borne by the respective Signatories]. Source: International Conference on Military Trials : London, 1945 Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials : London, 1945 International organization and conference series; II European and British Commonwealth 1 Department of State Publication 3080 Washington, DC : Government Printing Office, 1949
International Conference on Military Trials : London, 1945 Minutes of Conference Session of July 13, 1945 Previous Document Contents Next Document Sir David Maxwell Fyfe called the Conference to order and expressed the appreciation of the Conference for the work done by the drafting committee. SIR DAVID MAXWELL FYFE. Would it be convenient to take the agreement first or has anyone any preliminary point to raise in general? MR. JUSTICE JACKSON. I should like to raise a question and perhaps also suggest the answer of our Delegation. Lest there be some misunderstanding about it, I came here not only as a negotiator but also as a prosecutor with a staff prepared to stay here and, as soon as we finish the agreement, to begin preparing the case. I have authority (1) to sign any agreement which is within the general outlines of the document which we submitted at San Francisco and of the report I submitted to the President. I think it is important for our preparation of the case that we know how fast we can proceed. During the time the drafting committee was at work, I went to the Continent. I may report that we are having most satisfactory results from the examination of captured documents. We are getting proof tracing the responsibility for these atrocities and war crimes back to the top authorities better than I ever expected we would get it. I did not think men would ever be so foolish as to put in writing some of the things the Germans did put in writing. The stupidity of it and the brutality of it would simply appall you. We want to go right ahead the day we agree here to start preparing for trial. I was wondering, first, whether the other conferees are authorized to sign as I am authorized to sign, or whether our work must be referred back to their governments; and second, whether they are authorized to proceed immediately with the preparation of the case as I am authorized to proceed with the preparation of the case. GENERAL NIKITCHENKO. The Soviet Delegation has powers only to carry on discussions with regard to the trial and punishment of war criminals and to sign any agreement which is arrived at as a result of those discussions. JUDGE FALCO. I expect to have authority to sign, but I do not know who will be
GENERAL NIKITCHENKO. The Soviet Delegation has powers only to carry on discussions with regard to the trial and punishment of war criminals and to sign any agreement which is arrived at as a result of those discussions. JUDGE FALCO. I expect to have authority to sign, but I do not know who will be named prosecutor. SIR DAVID MAXWELL FYFE. I am in the position that I shall have power to sign on Monday when we have got the document in its final form, and I am the Chief Prosecutor appointed for the trial. MR. JUSTICE JACKSON. Do we understand then that the agreement on which we are working will not have to go back to Moscow to be signed? It will be signed here when we conclude negotiations? GENERAL NIKITCHENKO. No, it will be signed here. MR. JUSTICE JACKSON. But you will not be the prosecutors? It may be a new group to prosecute? GENERAL NIKITCHENKO. We're not completely certain. The chief prosecuting counsel and the members of the Tribunal may be other people. It is possible they will be other people. MR. JUSTICE JACKSON. I think that enters into our timing considerably because we all are very anxious to get this main trial under way and concluded. As a matter of fact, the President appointed me on the theory that I would be back the first of October when our Court resumes sitting. I don't suggest I will succeed in that, but I personally must either abandon this project or get it concluded certainly by the first of the year. Our whole plan contemplates one early inclusive trial after which there will be such minor trials as may be necessary to clean up. But the question of guilt of these top people it is our plan to settle in a single prompt and inclusive trial, after which my functions will be at an end. SIR DAVID MAXWELL FYFE. I think we are all anxious-we of the British Delegation certainly are anxious-to proceed with all possible speed to deal with the major criminals, and I have, purely for the assistance, of whoever will be ultimately the Chiefs of Counsel, prepared my own idea of the list of defendants and the draft of indictment and rules of procedure which are circulated, not for the purpose of being dealt with in detail here but for the purpose of helping everyone along the road for speed.
the assistance, of whoever will be ultimately the Chiefs of Counsel, prepared my own idea of the list of defendants and the draft of indictment and rules of procedure which are circulated, not for the purpose of being dealt with in detail here but for the purpose of helping everyone along the road for speed. GENERAL NIKITCHENKO. The fact that the Soviet Government has not appointed-could not appoint-prosecutors for the Tribunal until they had the assurance that the Agreement had been entered into should not and cannot serve as a cause for delay in the procedure in the Tribunal and all the preparatory work in regard to putting the case together. The consultation between the Chiefs of Counsel can be carried on without any interruption pending the actual appointment of the person who is to represent the Soviet Government on the Tribunal and in the preliminary work in preparing the case and preparing evidence. We are just as anxious as all the others to insure that the trial should take place without the slightest possible delay. And if the material for the court is prepared sufficiently well and with sufficient evidence, then the trials can certainly start before the first of October. Our task here is to prepare such an instrument as will insure the efficient operation of the prosecution and the Tribunal when ill gets down to work. MR. JUSTICE JACKSON. Some things that concern us all result from my discussions with General Clay last week on the Continent. We started with the idea, which you will find expressed in my report to the President [VIII], which the President accepted and approved, and which therefore constituted the official policy of the United States, that whether We got an agreement or not we would go ahead and try these people who are in our captivity. So we have been preparing for an international trial, but if we cannot agree on one we are going to dispose of these people on a record made in judicial fashion. Therefore, we have gone right ahead without waiting for an agreement. Now, I went to the Continent to talk with General Clay about physical arrangements for a trial, whether we have to do it alone or whether we do it with others. We shall have very great difficulties about physical
in judicial fashion. Therefore, we have gone right ahead without waiting for an agreement. Now, I went to the Continent to talk with General Clay about physical arrangements for a trial, whether we have to do it alone or whether we do it with others. We shall have very great difficulties about physical arrangements for a trial of this kind. General Clay says we just cannot come at him and expect him to provide a place for a trial quickly. The destruction is so complete that there is hardly a courtroom standing in Germany. We have got to have a place for prisoners. We have got to have a. place for witnesses. There are many people who will want to attend-military men from all parts. We have communications to set up. The press are going to want to know about this. The public is interested. There will be at least 200 correspondents for newspapers according to our estimates who will insist on having some place to live and a place to work. That estimate includes a representation of the presses of the different countries. You will have representatives of other nations who will want to observe us. The physical setup for this is a very considerable task, and therefore the plans of the prosecution must soon be in the hands of our military people if the trial is to take place in our zone. We have engineers studying what can be done in Nurnberg right now because we just cannot leave this to the last moment and then go over there and expect to be taken care of. SIR DAVID MAXWELL FYFE. I think it would fulfil all that has been expressed by all delegations if we took as a tentative target date that the indictment should be ready within a month and the. trial, say, within three weeks after the indictment. If we took that as a target date, as a basis on which to work, it would fulfill all our plans. GENERAL NIKITCHENKO. The Soviet Delegation is of the opinion that it is very difficult at this stage to fix any target date because the Soviet Delegation does not know the state of the evidence and the material for the accusation of these people, how far it is ready, and to what extent it will need further preparation before it is in a form in which it can actually be used at the trial. JUDGE FALCO. I agree with the Soviet Delegation.
Soviet Delegation does not know the state of the evidence and the material for the accusation of these people, how far it is ready, and to what extent it will need further preparation before it is in a form in which it can actually be used at the trial. JUDGE FALCO. I agree with the Soviet Delegation. It is difficult to accept a fixed date, but we will take note of that date and communicate with the French Government and try to meet it. MR. JUSTICE JACKSON. Is it fair to ask how long we can anticipate that it would take the Soviet Delegation to get its prosecutors appointed and the case ready from their point of view? I may say that with the usual reservations that target dates are merely targets and not positive, but we would try to go along with the estimate which has just been made by the Attorney-General, and our case is in such shape that I think we will be able to do it. Much will depend, of course, on the procedure to be adopted, but, if we had to wait long for appointment of our colleagues, it would be pretty difficult. What is your estimate of time, may I ask? GENERAL NIKITCHENKO. The appointment of the Chiefs of Counsel and the members of the Tribunal is a matter, of course, for the Soviet Government, and there is no question that the Soviet Government will proceed to that point immediately when it receives information that the agreement has been concluded. There should not be any delay on that score. When the Soviet Delegation came here to commence work on this agreement, they were quite certain that an agreement would be reached, and no doubt the preparatory work on our side in that respect is being done. But they did not consider that it was possible for the other delegations to consider any course of independent trial by the various countries. This would be directly opposed to the terms of the Moscow declaration, which laid down that the trial of the war criminals should be a common task of the United Nations, and, therefore, the Soviet Delegation did not contemplate the possibility of the criminals being tried independently by different people. In conclusion, the representatives of the Soviet Delegation state that the Soviet Delegation is just as anxious as all the others to insure that