dtufail/nuremberg-trials-corpus huggingface dataset:
depending on the number of cases to be tried. The procedure of the establishment and activity of all the Tribunals shall be identical and shall be governed by this Statute. Article 4 Instructions For a more detailed definition of the procedure the Tribunal shall draw up instructions. These instructions shall not be inconsistent with this Statute.
Article 5
The Tribunal and the Control Council for Germany
The Tribunal shall be set up in Berlin and shall be attached to the Control Council. The relations between the Tribunal and the Control Council shall be governed by Articles 9, 34, 35 and 36 of this Statute.
Article 6
Language of the Official Documents
All official documents of the Tribunal and of the International Investigation Commission (Articles 11-12 of this Statute) are to be kept in English, Russian and French as well as in the language of the Allied country on whose territory the sessions of the Tribunal may take place.
Article 7
Surrender of Criminals
The International Investigation Commission and the Tribunal shall have the right to demand of any state the surrender of prisoners charged with crimes set out in Article 2 of this Statute.
11. COMPOSITION OF THE TRIBUNAL
Article 8
Members of the Tribunal and Their Alternates
The tribunal shall consist of four members. The members of the Tribunal and their alternates shall be appointed by the Control Council --- one member of the Tri bunal and one alternate each by the USSR, USA, Great Britain and France-after consultation with the governments of their respective countries.
Article 9
Challenge and Recall of the Members of the Tribunal
The members of the Tribunal cannot be challenged by the defendants, the prosecution or the counsel for the defence. The Control Council upon the proposal of the respective governments may recall a member of the Tribunal or his alternate and replace them by other persons.
Article 10
Quorum and Voting
The presence of all the four members of the Tribunal shall be necessary to make up the quorum
the counsel for the defence. The Control Council upon the proposal of the respective governments may recall a member of the Tribunal or his alternate and replace them by other persons. Article 10 Quorum and Voting The presence of all the four members of the Tribunal shall be necessary to make up the quorum. The Tribunal shall take decision by a simple majority vote. In case the votes are evenly divided, the vote of the Presiding Officer shall be decisive. Death sentences shall be imposed by the affirmative vote of at least three members of the Tribunal.
III. INTERNATIONAL INVESTIGATION COMMISSION
Article 11
Tasks of the International Investigation Commission
An International Investigation Commission (henceforth called the Commission) of the Tribunal shall be established. The Commission shall determine the persons who are to be tried by the Tribunal, carry out investigation in regard to those persons, draw up the indictment and lodge the material with the Tribunal.
Article 12
Members of the International Investigation Commission
The Commission shall consist of four members. The members of the Commission shall be appointed by the Control Council-one member each from the USSR, USA, Great Britain and France. The Control Council shall have the right to recall the members of the Commission and to replace them by other persons.
VI. [IV.) INSTITUTION AND CONDUCT OF PROCEEDINGS AND INVESTIGATION. INDICTMENT
Article 13
Initiative in the Institution of Proceedings
The initiative in the institution of proceedings in the cases falling under the jurisdiction of the Governments of each of the four countries, to the Control Council, to the Commission and to the Tribunal. Proceedings shall be instituted by a decision of the Commission.
Article 14
Investigation
In proceedings instituted by the Commission such investigation shall be carried out as the Commission may find appropriate in the interests of justice
to the Control Council, to the Commission and to the Tribunal. Proceedings shall be instituted by a decision of the Commission. Article 14 Investigation In proceedings instituted by the Commission such investigation shall be carried out as the Commission may find appropriate in the interests of justice. The investigation may be carried out by the whole Commission or at its request by its individual members or by such persons as may be entrusted to do so by the Commission on the territory of any country with the consent of that country.
Article 15
Indictment
At the conclusion of the investigation the Commission shall draw up an indictment which shall be lodged with the Tribunal together with all the evidence pertaining to the same. In the absence of sufficient evidence to warrant the turning of the case over to the Tribunal the Commission shall decide to bring the proceedings to an end. The indictment and the decision to bring proceedings to an end shall be taken by the whole Cominission by a simple majority vote. In case the votes are evenly divided the vote of the Presiding Officer shall be decisive.
[V.] BRINGING TO TRIAL AND MAKING ARRANGEMENTS FOR TRIAL
Article 16
Bringing to Trial
Having received the charges from the Commission, the Tribunal shall pass a decision to bring the defendants to trial or to bring the proceedings to an end or to return the case to the Commission for further investigation.
Article 17
Making Arrangements for Trial
Simultaneously with the bringing of a case to trial the Tribunal shall furnish the defendant with a copy of the indictment in a language understood by the defendant, decide upon the time and place of a hearing, settle the question of the calling of witnesses, the participation of the prosecutor and the counsel for the defense.
VI. SESSIONS OF THE COURT
Article 18
Place of the Sessions
Sessions of the Tribunal may take place on the territories of different countries in accordance with the decision of the Tribunal and with the consent of the respective country
of the prosecutor and the counsel for the defense. VI. SESSIONS OF THE COURT Article 18 Place of the Sessions Sessions of the Tribunal may take place on the territories of different countries in accordance with the decision of the Tribunal and with the consent of the respective country. Preference should, nevertheless, be given to the territory of the country in regard to which the defendant had coinmitted the most serious crimes.
Article 19
Presidency at the Sessions
If a session of the Tribunal is taking place on the territory of one of the four Allied countries the representative of that country on the Tribunal shall preside. In all other cases the representatives of the four Allied countries which have established the Tribunal shall preside in rotation.
Article 20
Language To Be Used
If the sessions of the Tribunal are taking place on the territory of one of the four Allied countries, the proceedings shall be conducted in the language of that country. In all other cases court proceedings shall be conducted in the language chosen by the Tribunal.
Article 21
Participation of Alternate Members
The alternate members of the Tribunal shall be present at the sessions of the Tribunal. In case of illness or the incapacity of a member of the Tribunal to fulfil his functions for some other reason, his alternate shall [sit] in his place.
VII TRIAL
Article 22
Rights of Defendants and Provisions for the Promptness of Trial
The trial while ensuring the rightful interests of the defendants must at the same time be based on principles which will ensure the prompt carrying out of justice. All attempts to use trial for Nazi propaganda and for attacks on the Allied countries should be decisively ruled out.
Article 23
Prosecution
A prosecutor shall take part in each trial. The prosecutor shall be a member of the Commission or some other competent person so entrusted by the Commission.
Article 24
Defence
The right of the def endant to defence shall be recognized
attacks on the Allied countries should be decisively ruled out. Article 23 Prosecution A prosecutor shall take part in each trial. The prosecutor shall be a member of the Commission or some other competent person so entrusted by the Commission. Article 24 Defence The right of the def endant to defence shall be recognized. Duly authorized lawyers or other persons admitted by the Tribunal shall plead for the defendant at his request.
Article 25
Procedure at the Trial
Court proceedings shall begin with the reading of the indictment. This shall be followed by the examination of the defendants and witnesses and by the reading of documents in the order establishd by the Presiding Officer. After the inquest the pleadings of the prosecution and of the counsel for the defence shall take place. Af ter the pleadings the defendant shall be called upon to make his final speech.
[VIII.] EVIDENCE
Article 26
Choice and judging of Evidence
The Tribunal and the Commission shall not be restricted in the choice and judging of evidence. Well-known facts shall have the same judicial value as the facts established by the Commission.
Article 27
Acts and Documents of the National Investigating Commissions
The acts and documents of the commissions established in various allied countries for the investigation of war crimes shall have the same judicial value as the acts and documents drawn up by the Commission.
[IX.] LIABILITY
Article 28
Official Position
The official position of persons guilty of war crimes, their position as heads of states or as heads of various departments shall not be considered as freeing them from or in mitigation of their responsibility.
Article 29
Carrying Out of an Order
The carrying out by the defendant of an order of his superior or government shall not be considered a reason excluding his responsibility for the crimes set out in Article 2 of this Statute
as freeing them from or in mitigation of their responsibility. Article 29 Carrying Out of an Order The carrying out by the defendant of an order of his superior or government shall not be considered a reason excluding his responsibility for the crimes set out in Article 2 of this Statute. In certain cases, when the subordinate acted blindly in carrying out the orders of his superior, the Tribunal has a right to mitigate the punishment of the defendant.
Article 30
Liability of Accomplices
Organizers, instigators and accomplices bear responsibility for the crimes set out in Article 2 of this Statute along with the perpetrators of those crimes.
X. PUNISHMENT
Article 31
Forms of Punishment
The Tribunal shall have the right to impose the sentence of death or some other punishment on the defendants-the perpetrator and his accomplices.
Article 32
Confiscation of Property
In addition to the punishment imposed by it, the Tribunal shall have the right to decide on the confiscation of property of the sentenced person.
Article 33
Trial in the Absence of the Defendant
The Tribunal shall have the right to take proceedings against persons charged with the crimes, set out in Article 2 of this Agreement, in the absence of the defendant, if the defendant should be hiding or if the Tribunal should f or other reasons find it necessary to conduct the hearing in the absence of the defendant.
XI. APPEAL AND CARRYING OUT OF SENTENCES
Article 34
Approval, Alteration or Annulment of Sentences
The Control Council may approve, alter or annul a sentence or return the case to the Tribunal for a retrial. The Control Council shall have the right to mitigate the punishment imposed by the Tribunal but not to increase the severity thereof.
Article 35
Carrying Out of Sentences
The sentences of the Tribunal shall be carried out by the organs of that state on whose territory the trial had taken place
retrial. The Control Council shall have the right to mitigate the punishment imposed by the Tribunal but not to increase the severity thereof. Article 35 Carrying Out of Sentences The sentences of the Tribunal shall be carried out by the organs of that state on whose territory the trial had taken place. On German territory the sentences shall be carried out in a manner established by the Control Council.
Article 36
Expenses
The expenses for the maintenance of the members of the Tribunal and their alternates and of the Commission and all other expenses connected with the organization and activity of the Tribunal and the Commission shall be covered by the funds allotted for this purpose by the Control Council.
XII. JURISDICTION OF THE NATIONAL TRIBUNALS
Article 37
This Statute of the Tribunal shall rot in any way prejudice the jurisdiction and the powers of the national tribunals established on the territory of the Allied countries and on the territory of Germany for the trial of war criminals.
LAST AMERICAN DRAFT
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OF THE NATIONAL TRIBUNALS Article 37 This Statute of the Tribunal shall rot in any way prejudice the jurisdiction and the powers of the national tribunals established on the territory of the Allied countries and on the territory of Germany for the trial of war criminals. LAST AMERICAN DRAFT 1. In accordance with the Moscow Declaration of October 30, 1943,1 concerning the responsibility of the Nazis and Hitlerites for atrocities and crimes in violation of International Law, and in accordance with other statements of the United Nations regarding the punishment of those who have committed, been responsible for, or taken a consenting part in, such atrocities and crimes, the Government of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of the French Republic, acting by their duly authorized representatives, [have] concluded the following agreement to which the adherence of all members of the United Nations is provided for, in order to provide the necessary practical measures for the prompt prosecution and trial of the major war criminals of the European Axis Powers, including the groups and organizations responsible for or taking a consenting part in the commission of such crimes and in the execution of criminal plans.
4. The parties to this agreement agree to bring to trial before an International Military Tribunal, in the name of their respective peoples, major criminals, including groups and organizations referred to in Article 1. To this end the Soviet Union, the United States, the United Kingdom and France have each designated a representative to act as its Chief of Counsel. The Chiefs of Counsel shall be responsible for determining, preparing the charges against, and bringing to trial the persons and organizations so to be tried.
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To this end the Soviet Union, the United States, the United Kingdom and France have each designated a representative to act as its Chief of Counsel. The Chiefs of Counsel shall be responsible for determining, preparing the charges against, and bringing to trial the persons and organizations so to be tried. 5. The Soviet Union, the United States, the United Kingdom, and France shall also promptly designate representatives to sit upon an International Military Tribunal which shall be charged with trying such persons, groups, and organizations.
3. The Signatories agree that the Control Council for Germany shall establish policies and procedures governing (a) the return to the scene of their crimes of persons in Germany charged with criminal offenses, 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.
2. All members of the United Nations shall be invited by the Government of the United Kingdom, acting on behalf of the other Signatories hereto, to adhere to this Agreement. Such adherence shall in each case be notified to the Government of the United Kingdom, which shall promptly inform the other parties to this agreement.
6. There is hereby adopted the Annex to this instrument which (a) declares applicable International Law and specifies acts constituting criminal violations of International Law, (b) sets out the powers and duties of the Chiefs of Counsel, (c) provides for the establishment, jurisdiction, procedures, and powers of an International Military Tribunal, and (d) makes provision for the punishment of those convicted before such International Military Tribunal.
LAST DRAFT OF AMERICAN ANNEX
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out the powers and duties of the Chiefs of Counsel, (c) provides for the establishment, jurisdiction, procedures, and powers of an International Military Tribunal, and (d) makes provision for the punishment of those convicted before such International Military Tribunal. LAST DRAFT OF AMERICAN ANNEX 1. This Annex is adopted pursuant to the Executive Agreement made this day by the Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of the French Republic, which Agreeinent provides for the adherence thereto of all members of the United Nations who may elect so to adhere.
2. The purpose of this Annex, in pursuance of the aforesaid Executive Agreement, is to make detailed provisions for the necessary practical means and measures to carry out the declaration issued at Moscow on October 30, 1943, and other statements of the United Nations on the question of punishment of war criminals insofar as they relate to the trial and punishment of major war criminals.
3. To this end this Annex (a) declares applicable International Law and specifies acts constituting criminal violations of International Law, (b) sets out the powers and duties of the Chiefs of Counsel for the purpose of bringing the major war criminals, including groups and organizations, to trial for their criminal violations of International Law, (e) provides for the establishment, the jurisdiction, procedures, and powers of the International Military Tribunal to be established for the purpose of trying such criminals for their crimes, and (d) makes provision for the punishment of those convicted before such International Military Tribunal.
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Law, (e) provides for the establishment, the jurisdiction, procedures, and powers of the International Military Tribunal to be established for the purpose of trying such criminals for their crimes, and (d) makes provision for the punishment of those convicted before such International Military Tribunal. 4. For convenience, (a) the four Signatories will sometimes be referred to as "the Signatories," (b) the members of the United Nations adhering hereto as provided in the preceding Article will sometimes be referred to as "the Adherents," and (e) the Signatories and 9.11 Adherents will sometimes be collectively referred to as "the parties to this Agreement."
5. The Tribunal shall be bound by this declaration of the Signatories that the following acts are criminal violations of International Law:
(a) Violations of the laws, rules, and customs of war
Signatories and 9.11 Adherents will sometimes be collectively referred to as "the parties to this Agreement." 5. The Tribunal shall be bound by this declaration of the Signatories that the following acts are criminal violations of International Law: (a) Violations of the laws, rules, and customs of war. Such violations shall include, but shall not be limited to, mass murder and ill-treatment of prisoners of war and civilian populations and the plunder of such populations.
(b) Launching a war of aggression.
(c) Invasion or threat of invasion of , or initiation of war against, other countries in breach of treaties, agreements or assurances between nations, or otherwise in violation of International Law.
(d) Entering into a common plan or enterprise aimed at domination over other nations, which plan or enterprise included or intended, or was reasonably calculated to involve, the use of unlawful means for its accomplishmenti including any or all of the acts set out in sub-paragraphs (a) to (C) above or the use of a combination of such unlawful means with other means.
(e) Atrocities and persecutions and deportations on political, racial, or religious grounds, in pursuance of the common plan or enterprise referred to in sub-paragraph (d) hereof, whether or not in violation of the domestic law of the country where perpetrated.
"International Law" shall be taken to include treaties, agreements, and assurances between nations and the principles of the law of nations as they result from the usages established among civilized peoples, from the laws of humanity, and from the dictates of the public conscience.
THE INTERNATIONAL MILITARY TRIBUNAL
6. There shall be set up by the Signatories an International Military Tribunal which shall have jurisdiction to hear and determine any charges presented pursuant to Article 11
peoples, from the laws of humanity, and from the dictates of the public conscience. THE INTERNATIONAL MILITARY TRIBUNAL 6. There shall be set up by the Signatories an International Military Tribunal which shall have jurisdiction to hear and determine any charges presented pursuant to Article 11. Such International Military Tribunal shall consist of four members, each with an alternate, to be appointed as follows: one member and one alternate each by the Soviet Union, the United States, the United Kingdom and France. The alternate, so far as practicable, shall be present at the sessions of the Tribunal. The presiding officer shall be selected by vote of a majority of the members of the Tribunal, and if they are unable to agree, the respective appointees of each of the Signatories shall preside in rotation on successive days.
PROVISIONS FOR BRINGING DEFENDANTS TO TRIAL
7. The parties to this Agree ment agree to bring to trial before the International Military Tribunal at or such other place as the parties may unanimously agree to in the names of their respective peoples, the major criminals, including groups and organizations referred to in Article 2.
13. In the conduct of the trial, questions may be put by each Chief of Counsel, or his representative, or by any member of the Tribunal, in his own language, and shall be translated and communicated to the witness, the defendants, and each member of the Tribunal in his own language. The witness may answer in his own language, and the answers will be translated in like manner. Written matter introduced in evidence shall be translated into the languages of the defendants and of each of the members of the Tribunal. A record of the trial will be kept in the language of each of the members of the Tribunal and in German, and each such record shall be an official record of the proceedings.
RETURN OF OFFENDERS TO THE SCENE OF THEIR CRIMES
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of the defendants and of each of the members of the Tribunal. A record of the trial will be kept in the language of each of the members of the Tribunal and in German, and each such record shall be an official record of the proceedings. 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.
(See Article 6 above, as follows:)
6. There shall be set up by the Signatories an International Military Tribunal which shall have jurisdiction to hear and determine any charges presented pursuant to Article 11. Such International Military Tribunal shall consist of four members, each with an alternate, to be appointed as follows: one member and one alternate each by the Soviet Union, the United States, the United Kingdom and France. The alternate, so far as practicable, shall be present at the sessions of the Tribunal.
The presiding officer shall be selected by vote of a majority of the members of the Tribunal, and if they are unable to agree, the respective appointees of each of the Signatories shall preside in rotation on successive days.
12. In the event of the death or incapacity of any member of the International Military Tribunal, his alternate shall sit in his stead without interruption of the proceedings. All actions and decisions shall be taken by majority vote of the members.
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