dtufail/nuremberg-trials-corpus huggingface dataset:
an International Military Tribunal (a) will be furnished with copies translated into their own language, of any indictment, statement of charges or other document of arraignment upon which they are being tried, (b) will be given fair opportunity to be heard in their defense and to have the assistance of counsel. The tribunal shall determine to what extent and for what, reasons proceedings against defendants may be taken without their presence.
c. Organizations, official or unofficial, may be charged before an International Military Tribunal with criminal acts or with complicity therein by producing before the tribunal and putting on trial such of their number as the tribunal may determine to be fairly representative of the group or organization in question. Upon conviction of an organization hereunder, the tribunal shall make written findings and enter written judgment on the charges against such organization and the representative members on trial.
EVIDENCE AND PROCEDURE
17. An International Military Tribunal shall adopt and apply to the greatest extent possible expeditious and nontechnical procedures.
18. An International Military Tribunal shall (a) admit any evidence which it deems to have probative value; (b) confine trials strictly to an expeditious hearing of the issues raised by the charges; (c) disallow action by defendants which will cause unreasonable delay or the introduction of irrelevant issues or evidence; and (d) employ with all possible liberality simplifications of proof, such as but not limited to: requiring defendants to make proffers of proof; taking judicial notice of facts of common knowledge; and utilizing reasonable presumptions.
PUNISHMENT
19. Defendants brought to trial before an International Military Tribunal as provided in this Agreement shall, upon conviction, suffer death or such other punishment as shall be determined by the tribunal to be just and approved by the Control Council acting by majority vote
reasonable presumptions. PUNISHMENT 19. Defendants brought to trial before an International Military Tribunal as provided in this Agreement shall, upon conviction, suffer death or such other punishment as shall be determined by the tribunal to be just and approved by the Control Council acting by majority vote. The Control Council, by such vote, may approve, reduce or otherwise alter the sentences determined by the tribunal, but may not increase the severity thereof.
20. The sentences, when and as approved by the Control Council, shall be carried into execution in accordance with the written orders of the Control Council.
PROSECUTION OF MEMBERS OF CRIMINAL ORGANIZATIONS
21. Upon conviction of an organization before an International Military Tribunal, persons charged with criminal liability by reason of membership therein may be prosecuted in occupation courts or other military tribunals established by the parties or any of them. In the trial of such prosecutions the legal principles declared in Articles 12, 13, 14, and 15 shall be binding upon the court or tribunal and the findings and judgment of an International Military Tribunal shall be conclusive with respect to the criminal purposes and activities of the organization. Upon proof of membership in such an organization, the burden shall be upon the defendant to establish any circumstances relating to his membership or participation therein which are relevant either in defense or in mitigation.
22. The chiefs of counsel designated pursuant to Article 10 shall prepare and recommend to the Control Council plans for the prosecution and trial of persons charged pursuant to Article 21 with liability by reason of membership in organizations found criminal by an International Military Tribunal.
EMOLUMENTS AND EXPENSES
23
chiefs of counsel designated pursuant to Article 10 shall prepare and recommend to the Control Council plans for the prosecution and trial of persons charged pursuant to Article 21 with liability by reason of membership in organizations found criminal by an International Military Tribunal. EMOLUMENTS AND EXPENSES 23. The emoluments and expenses of the members of an International Military Tribunal and their alternates designated as provided in Article 5 of this Agreement and of the chiefs of counsel designated as provided in Article 10 of this Agreement, shall be borne by the respective Signatories by whom they have been designated.
24. The emoluments and expenses of the staffs for the International Military Tribunal and the chiefs of Counsel and incidental expenses, such as rent, heat, light, stationery and printing shall be borne in equal share by the Signatories.
25. The emoluments and expenses of those occupation courts or other military tribunals which may be established for the trial of prosecutions instituted in accordance with Article 21 of this Agreement shall be justly apportioned between the Signatories concerned and any participating Adherents as may be agreed between them.
RETURN OF OFFENDERS TO THE SCENE OF THEIR CRIMES
26. The Signatories agree that the Control Council for Germany shall establish policies and procedures governing (a) the return of persons in Germany charged with criminal offenses to the scene of their crimes in accordance with the
Moscow Declaration
and (b) the surrender of persons within Germany in the custody of any of the Signatories who are demanded for prosecution by any party to this Agreement.
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
Aide-Me´moire from the Soviet Government June 14, 1945
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Note:
On June 14, 1945, Nikolai V. Novikov, Minister Counselor of the Soviet Embassy at Washington, called on Mr. Justice Jackson and delivered an aide-mû´imoire in the Russian language along with the following translation. Its references are to the draft submitted to the Foreign Ministers at San Francisco [IV) and not to the later draft submitted to the embassies.
AIDE-MEMOIRE
[Translation]
The Soviet Government considering it extremely important that the punishment of war criminals be realised as soon as possible agrees with the proposal of the Government of the United States about the necessity of an urgent establishment of an international tribunal for trial of principal war criminals-leaders of the Hitlerite Government, the Fascist German army and their agents and accomplices and expresses its readiness to sign without delay an appropriate agreement.
As regards the draft of the very agreement submitted by the Government of the United States the Soviet Government agrees with the outline in its principles and considers it possible to accept it as a basis. The Soviet Government considers it necessary, however, to make the following amendments and supplements to this draft:
1. The introductory part of the agreement (article 1) to be worded as follows: "In accordance with the Moscow Declaration of October 30, 1943 'About the responsibility of the Hitlerites for the atrocities committed' and other statements of the United Nations on the question of punishment of war criminals, the Governments of the USSR, the United States, the United Kingdom of Great Britain and Northern Ireland and the Provisional Government of France, acting in the interests of all United Nations, have concluded the following agreement:"
2. In article 4 instead of the words "committed by the Axis powers" to say: "committed by the European Axis powers" and further in accordance with the text.
Great Britain and Northern Ireland and the Provisional Government of France, acting in the interests of all United Nations, have concluded the following agreement:" 2. In article 4 instead of the words "committed by the Axis powers" to say: "committed by the European Axis powers" and further in accordance with the text.
3. To begin point one of article five with the words: "those German officers and soldiers and members of the Nazi party" and further in accordance with the text. The last paragraph of article five to begin with the words: "The present agreement is being concluded so as to establish an order for prosecution", and further in accordance with the text.
1. In the titles to the articles 6, 8 and 9 to substitute the word "declaration" for "provision" and change their wordings accordingly,
2. To supplement the enumeration of criminal actions (article six of the draft) by making mention of annihilation and other atrocities in respect to prisoners of war and the peaceful population, of plunder and forceful displacement of the population.
3. Article seven to be worded as follows: "In virtue of the present agreement accusation can be brought forward and the guilty be prosecuted also for committing other crimes not mentioned in article 6."
4. Article 11 to be worded as follows: "The fact that the accused acted under orders of his superior or his government will not be considered as justifying the guilt circumstance."
5. Points "C" and "D" of article 12 to be excluded as, in accordance with the Crimea decisions, it is supposed that the Allied Control Council will have the power of dissolution and prohibition, in administrative order, as mentioned in points "C" and "D" of article 12 fascist organizations. This, of course, does not exclude the right of the international tribunal or occupational tribunals to prosecute any member of an organization dissolved in such a way. Accordingly, all provisions pertaining to these organizations should be excluded in subsequent articles.
12 fascist organizations. This, of course, does not exclude the right of the international tribunal or occupational tribunals to prosecute any member of an organization dissolved in such a way. Accordingly, all provisions pertaining to these organizations should be excluded in subsequent articles.
6. Point "C" of article 14 to be worded as follows: "Do not allow on the part of the accused any intervention, which can cause unjustified delay, or containing propaganda against the United Nations."
7. Division "Tribunals" to be supplemented by a new article of the following contents: "Governments signatories of this agreement pledge to provide the turning over to the jurisdiction of the international tribunal of any person subject to trial by this tribunal."
8. The last sentence of article 20 to be worded in the following way: "The Control Commission can approve the verdict or overrule it and direct the case for new consideration, or reduce the measure of punishment, or introduce other changes in the verdict of the tribunal, but it cannot increase the measure of punishment."
9. In article 22 to point out that the appointed four representatives form a committee of inquiry at the international tribunal for which purpose after the words "a representative" to add: "who form the committee of inquiry at the international tribunal". In the second sentence of this article the words "and acting as a group", should be substituted by the words: "and acting as a committee of inquiry".
at the international tribunal for which purpose after the words "a representative" to add: "who form the committee of inquiry at the international tribunal". In the second sentence of this article the words "and acting as a group", should be substituted by the words: "and acting as a committee of inquiry".
10. To supplement article 23 by point "C" of the following contents: "The committee of inquiry uses as proof of guilt materials collected and prepared by the commissions of the United Nations and national commissions on investigation of crimes committed by war criminals subject to trial by the international tribunal." 1. 11. All the expenses on the maintenance of the international tribunal and committee of inquiry to come from the funds which will be allotted for the maintenance of the Allied Control Council in Germany. In accordance with this the wording of articles 24 and 25 should be changed.
12. Article 26 to be excluded. As the occupational courts and tribunals are situated with the occupation troops their maintenance expenses will be included in the general expenses for the maintenance of occupation troops.
13. The draft agreement to be supplemented by a new point providing that the agreement comes into force on the day it is signed.
14. At the end of article 15 and at the end of article 22 to point out accordingly that the members of the international tribunal and the committee of inquiry preside alternately at the meetings.
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 Planning Memorandum Distributed to Delegations at Beginning of London Conference, June 1945 Previous Document Contents Next Document Note: Mr. Justice Jackson's trial staff at once began work on preparation for a trial of the leading Nazi war criminals. A first step was the formulation of a planning memorandum to indicate the application of the provisions of the United States proposal to the various practical problems of an actual trial. The following memorandum is included because it was distributed to all delegations at the beginning of the London Conference as an aid to their understanding of the meaning of the proposed agreement. PLANNING MEMORANDUM 1. ASSUMPTIONS 1. For planning purposes only it will be assumed: a. Certain of the United Nations may agree to prosecute the leaders of the European Axis powers and their principal agents and accessories along the assumed general lines set forth below. (Caution: This is not yet an agreed plan. The circulation of this paper by the immediate members of the Chief of Counsel's staff will be limited to those accredited individuals whose work makes access to the paper necessary.) b. The defendants will comprise (1) individuals to be selected such as Hitler, Goering, Himmler, and others; (2) organizations such as the S.S. and Gestapo, who are so implicated in the common enterprise and the overt acts to be charged, that they are deemed to share in the criminal liability therefor. c. The defendant organizations may be official or unofficial. They may be tried on a class representation basis; that is to say, any such organization may be charged with criminal acts or with complicity therein by producing before the tribunal and putting on trial such of their number as the tribunal may determine to be fairly representative of the organization in question. The selected representatives may include some or all the individual defendants referred to in b above. d. The charges will include the following: (1) That at some time prior to 1 September 1939 the defendants entered into a common plan or enterprise aimed at the establishment of complete German domination of Europe and eventually the world, which plan or enterprise included or intended,
to in b above. d. The charges will include the following: (1) That at some time prior to 1 September 1939 the defendants entered into a common plan or enterprise aimed at the establishment of complete German domination of Europe and eventually the world, which plan or enterprise included or intended, or was reasonably calculated to involve the use of unlawful means for its accomplishment, including the atrocities and other crimes alleged in sub-paragraphs (2), (3), and (4) below. (2) That on or about 1 September 1939, and at various times thereafter, the defendants launched illegal wars of aggression. (3) That in the course of conducting such wars the defendants violated international law, the laws, rules, and customs of war, or the law of the sea. (4) That before and after the launching of such illegal wars of aggression, and during their continuance, the defendants instigated, committed or took a consenting part in atrocities and other crimes which were in violation of international law or treaties, or the laws of Germany or one or more of its allies, co-belligerents, or satellites. (5) That the atrocities and other crimes set forth in subparagraphs (2), (3), and (4) above were committed pursuant to, or in the course of and as the chosen means for executing a common criminal plan or enterprise among the defendants. II. SCOPE OF PROOF 2. Proof will be necessary to establish: a. The nature and purpose of the criminal plan or enterprise. b. That the criminal plan or enterprise included, or intended, or could reasonably have been expected to involve, the specific crimes charged. c. The facts and circumstances which made the wars launched by the defendants illegal wars of aggression. d. The unlawful means and methods employed by the defendants in the course of and as the, means for conducting such wars. e. The atrocities and other crimes referred to in paragraph d (4) above. f. With regard to the defendants: (1) Their identity. (2) Their participation in the criminal plan or enterprise. (3) Their responsibility for the specific atrocities and other crimes charged. 3. Proof will also be desired of the acts and conduct of the defendants which may not have been criminal per se but which were used in preparation, furtherance and
(2) Their participation in the criminal plan or enterprise. (3) Their responsibility for the specific atrocities and other crimes charged. 3. Proof will also be desired of the acts and conduct of the defendants which may not have been criminal per se but which were used in preparation, furtherance and execution of the criminal plan, including but not limited to: a. The defendants' internal and external policies. b. Their ideological, organizational, and material preparations for the commission of the, atrocities and other crimes charged against them. c. The pre-war (pre - 1 September 1939) atrocities and other crimes, and those committed by the defendants against their fellow-nationals, neutrals, stateless persons, and nationals of the United Nations. III. ADMISSIBILITY OF EVIDENCE 4. It is assumed that any tribunal before which the above charges are tried will: a. Adopt and apply to the greatest extent possible expeditious and non-technical procedures; b. admit any evidence which has probative value, and reduce to the minimum compatible with essential justice requirements governing competency; and e. employ with all possible liberality such established procedures as taking judicial notice of facts of common knowledge and utilizing reasonable presumptions. 5. In the preparation of the case, the best evidence readily available will be used. Time is of the essence, and a good case ready for trial at an early date will be far preferable to a perfect case unduly delayed. IV. OUTLINES OF PROOF 6. Proof of the criminal plan or enterprise will include but not be limited to: a. Internal Measures Taken by Defendants: (1) Establishment of rigid internal control by the defendants over government and all its agencies, religion, administration of justice, education, news dissemination, finance, commerce and industry. (2) Destruction of all potential resistance to the defendants' plans by terrorizing, confining, and destroying opposition elements (democrats, trade unionists, Catholics, Protestants, Jehovah's Witnesses, pacifists, anti-nationalists, etc.). (3) Dividing the German citizenry on a racial basis and discriminating against those whom defendants adjudged not to be, of German blood. (4) Dividing the German citizenry into those having legal rights (Aryans) and those
trade unionists, Catholics, Protestants, Jehovah's Witnesses, pacifists, anti-nationalists, etc.). (3) Dividing the German citizenry on a racial basis and discriminating against those whom defendants adjudged not to be, of German blood. (4) Dividing the German citizenry into those having legal rights (Aryans) and those without (Jews). (5) Utilization of means and methods such as those referred to in (2), (3), and (4) above for purpose of perfecting organizations like the S.S. and Gestapo and training their personnel in (a) using like tactics in the occupation and control of subjugated areas, and (b) administering like treatment to their "inferior" native populations. (6) Unlawful expropriations, spoliations, and forced sales for the personal enrichment of the defendants and for the purpose of establishing and maintaining internal control in their hands as set forth in (1) above. (7) Nature, establishment, enforcement and significance of the "Fuehrer Principle". (8) Integration of all the foregoing and its utilization for the purpose of preparing Germany organizationally, materially, psychologically and otherwise to launch and conduct illegal wars of aggression and to wage such wars by unlawful means. (9) Accomplishment of the foregoing by violations of the laws of Germany. (10) Advance planning for the atrocities and other crimes to be committed by the, defendants during occupation of subjugated areas. b. External Measures Taken by Defendants Against Other Nations With Whom Germany Was at Peace: (1) Employment of divisive tactics openly and surreptitiously in such countries, such as promoting ethnic, religious, and political disputes and differences, for the purposes of opening the door to the defendants' influence on local policy and of weakening or destroying resistance to the defendants' intended military and political encroachments. (2) Establishment and utilization of German and native fifth columns in such countries for the above purposes. (3) Employment of bribery, corruption, and false and subversive propaganda in such countries in order to accomplish the foregoing. (4) Employment of a policy of entering into treaties without intent to observe them and of thereafter violating them in furtherance of the