dtufail/nuremberg-trials-corpus huggingface dataset:
Hitler and his chief associates, and that the method should be one in which the principal Allies concur. It would in any case be valuable if a document could now be drawn up giving the reasoned basis for the punishment of the men concerned. 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
Executive Order by President Truman, May 2, 1945
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EXECUTIVE ORDER 9547: PROVIDING FOR REPRESENTATION OF THE UNITED STATES in Preparing and Prosecuting Charges of ATROCITIES AND WAR CRIMES Against the Leaders OF THE EUROPEAN Axis POWERS and Their Principal AGENTS AND ACCESSORIES
By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitution and statutes of the United States, it is ordered as follows:
1.
Associate Justice Robert H. Jackson is hereby designated to act as the Representative of the United States and as its Chief of Counsel in preparing and prosecuting charges of atrocities and war crimes against such of the leaders of the European Axis powers and their principal agents and accessories as the United States may agree with any of the United Nations to bring to trial before an international military tribunal. He shall serve without additional compensation but shall receive such allowance for expenses as may be authorized by the President.
2.
The Representative named herein is authorized to select and recommend to the President or to the head of any executive department, independent establishment, or other federal agency necessary personnel to assist in the performance of his duties hereunder. The head of each executive department, independent establishment, and other federal agency is hereby authorized to assist the Representative named herein in the performance of his duties hereunder and to employ such personnel and make such expenditures, within the limits of appropriations now or hereafter available for the purpose, as the Representative named herein may deem necessary to accomplish the purposes of this order, and may make available, assign, or detail for duty with the Representative named herein such members of the armed forces and other personnel as may be requested for such purposes.
3.
available for the purpose, as the Representative named herein may deem necessary to accomplish the purposes of this order, and may make available, assign, or detail for duty with the Representative named herein such members of the armed forces and other personnel as may be requested for such purposes. 3.
The Representative named herein is authorized to cooperate with, and receive the assistance of, any foreign Government to the extent deemed necessary by him to accomplish the purposes of this order.
HARRY S. TRUMAN
THE WHITE HOUSE,
May 2,1945.
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
American Draft of Definitive Proposal, Presented to Foreign Ministers at San Francisco, April 1945
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Note:
At the time of President Roosevelt's death in April 1945, Judge Samuel Rosenman was in Europe representing the President and endeavoring to obtain agreement by the United Kingdom to proceed with the trial of war criminals in general conformity with the plan outlined in the Yalta proposal. Under President Truman's direction Judge Rosenman continued these efforts at San Francisco at the time of the United Nations Conference on International Organization. Representatives of the State, War, and justice Departments, in conference with justice Jackson, had reduced the proposal to a draft protocol which Judge Rosenman, accompanied by representatives of the three Departments, took to San Francisco. At San Francisco minor revisions were made of the draft and, as revised, it was delivered to Foreign Ministers Eden of the United Kingdom, Molotov of the Union of Soviet Socialist Republics, and Bidault of the Provisional Government of France. This was the first submission of a proposed agreement by the United States and was the basis on which the Foreign Ministers accepted, in principle, the plan for trial.
Foreign Ministers Eden of the United Kingdom, Molotov of the Union of Soviet Socialist Republics, and Bidault of the Provisional Government of France. This was the first submission of a proposed agreement by the United States and was the basis on which the Foreign Ministers accepted, in principle, the plan for trial.
No action was taken at San Francisco other than informal discussions held between May 2 and May 10. These resulted in acceptance by the four Governments of the following general principles: first, trial of the major war criminals rather than political disposition; second, return of criminals whose crimes had fixed geographic localization to the countries where their crimes were committed; third, an international military tribunal to hear the cases of the major war criminals; and fourth, a committee of four representatives or chiefs of counsel to prepare and manage the prosecutions, one to represent each of the four Governments, the United Kingdom, the French Republic, the Union of Soviet Socialist Republics, and the United States. It was agreed that after the San Francisco Conference, and probably at Washington, meetings of representatives would be held to formulate definitive agreements.
The draft of the proposed protocol as submitted at San Francisco follows:
EXECUTIVE AGREEMENT
PARTIES
1.
This Executive Agreement is entered into by the Governments of 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, acting by their respective duly authorized representatives, on their own behalf and on behalf of any other members of the United Nations who shall adhere to this Agreement as herein below provided.
2.
America, the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of the French Republic, acting by their respective duly authorized representatives, on their own behalf and on behalf of any other members of the United Nations who shall adhere to this Agreement as herein below provided. 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.
3.
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 (c) the Signatories and all Adherents will sometimes be collectively referred to as "the parties to this Agreement."
POLICY AND PURPOSE
4.
The United Nations have on various occasions pledged themselves that those responsible for the atrocities and crimes committed by the Axis Powers or any officer or agent thereof shall not escape punishment. These atrocities and crimes include those which will be charged as provided in Article 6 of this Agreement.
5.
The United Kingdom, the United States, and the Soviet Union in the Declaration issued at Moscow November 1, 1943 stated:
(1)
that those German officers and men who have been responsible for or have taken a consenting part in these atrocities "will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free governments which will be erected therein"; and
(2)
that the above declaration was "without prejudice to the case of major criminals, whose offenses have no particular geographical localization and who will be punished by joint decision of the Governments of the Allies".
countries and of the free governments which will be erected therein"; and (2) that the above declaration was "without prejudice to the case of major criminals, whose offenses have no particular geographical localization and who will be punished by joint decision of the Governments of the Allies".
This Agreement is entered into in order to establish the necessary measures for bringing to justice the major criminals referred to above, their principal agents and accessories, and all other offenders who are not sent back for trial to the countries in which their atrocities and crimes were committed.
DECLARATION REGARDING THE CRIMINAL ACTS TO BE CHARGED
6.
The parties to this Agreement agree to bring to trial, in the names of their respective peoples, the persons referred to in
Article 5
for their responsibility for the following criminal acts:
a.
Violation of the customs and rules of warfare.
b.
Invasion by force or threat of force of other countries in violation of international law or treaties.
c.
Initiation of war in violation of international law or treaties.
d.
Launching a war of aggression.
e.
Recourse to war as an instrument of national policy or for the solution of international controversies.
7.
This declaration shall also include the right to charge and try defendants under this Agreement for violations of law other than those recited above, including but not limited to atrocities and crimes committed in violation of the domestic law of any Axis Power or satellite or of any of the United Nations.
DECLARATION REGARDING ACCESSORIAL LIABILITY
8.
In any trial of charges pursuant to this Agreement, the prosecution may invoke where applicable and the tribunal before which the charges are tried shall recognize and apply the general rule of liability that those who participate in the formulation and execution of a criminal plan involving multiple crimes are liable for each of the offenses committed and responsible for the acts of each other.
DECLARATION REGARDING DEFENSES
9.
which the charges are tried shall recognize and apply the general rule of liability that those who participate in the formulation and execution of a criminal plan involving multiple crimes are liable for each of the offenses committed and responsible for the acts of each other. DECLARATION REGARDING DEFENSES 9.
No indictment, statement of charges, or other document of arraignment shall be deemed legally insufficient which charges violation of law as set forth in this Agreement.
10.
The parties to this Agreement declare that any defense based upon the fact that the accused is or was the head or purported head or other principal official of a state is legally inadmissible, and will not be entertained by any tribunal before which charges brought pursuant to this Agreement are tried.
11.
The fact that a defendant acted pursuant to order of a superior or government sanction shall not constitute an absolute defense but may be considered either in defense or in mitigation of punishment if the tribunal before which the charges are being tried determines that justice so requires.
DUE PROCESS FOR DEFENDANTS
12.
In order to insure fair trial for defendants charged with crime pursuant to this Agreement, it is declared that the following is required in order to constitute due process in their behalf :
a.
Reasonable notice shall be given to the defendants of the charges against them and of the opportunity to defend. Such notice may be actual or constructive. Any tribunal before which charges are tried pursuant to this Agreement shall have the right to determine what constitutes reasonable notice in any given instance.
b.
Reasonable notice shall be given to the defendants of the charges against them and of the opportunity to defend. Such notice may be actual or constructive. Any tribunal before which charges are tried pursuant to this Agreement shall have the right to determine what constitutes reasonable notice in any given instance. b.
The defendants physically present before the 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, and (b) will be given fair opportunity to be heard in their defense personally and by counsel. The tribunal shall determine to what extent proceedings against defendants may be taken without their presence.
c.
Organizations, official or unofficial, may be charged pursuant to this Agreement 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.
d.
Upon conviction of an organization hereunder, the tribunal shall make written findings and enter written judgment finding and adjudicating the charges against such organization and the representative members on trial. Such findings and judgment shall be given full faith and credit with respect to the criminal purposes and activities of the organization in any subsequent trial hereunder of a person charged with criminal liability through membership in such organization. Upon proof of such membership 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.
EVIDENCE AND PROCEDURE
13.
Tribunals established pursuant to this Agreement shall adopt and apply, to the greatest extent possible expeditious and non-technical procedures.
14.
establish any circumstances relating to his membership or participation therein which are relevant either in defense or in mitigation. EVIDENCE AND PROCEDURE 13. Tribunals established pursuant to this Agreement shall adopt and apply, to the greatest extent possible expeditious and non-technical procedures. 14.
Such tribunals shall (a) admit any evidence which in their opinion has probative value, (b) confine trials strictly to an expeditious hearing of the issues raised by the charges, (c) disallow action by defendants the effect of which will be to 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.
TRIBUNALS
15.
There shall be set up one or more military tribunals, hereinafter referred to for convenience as "International Military Tribunal," which shall have jurisdiction to try the leaders of the European Axis powers and their principal agents and accessories. Each International Military Tribunal shall consist of four members and four alternates, to be appointed as follows: One member and one alternate each by the representatives of the Control Council for Germany of 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.
16.
In the event of the death or incapacity of any member of an International Military Tribunal, his alternate shall sit in his stead, and the nation of which he is a citizen shall forthwith appoint another alternate. Three members of the Tribunal shall constitute a quorum, and all actions and decisions shall be taken by majority vote of the members of the Tribunal at any time sitting, except that sentence of death shall not be imposed on the vote of less than three members.
17.
citizen shall forthwith appoint another alternate. Three members of the Tribunal shall constitute a quorum, and all actions and decisions shall be taken by majority vote of the members of the Tribunal at any time sitting, except that sentence of death shall not be imposed on the vote of less than three members. 17.
An International Military Tribunal may sit in any zone in Germany, Austria or Italy or in any other country with the consent of such country. It shall have the power to summon witnesses and to compel their attendance, to require the production of documents, to administer oaths, to appoint special masters and other officers, to hold hearings, and generally to exercise in a manner not inconsistent with the provisions of this Agreement plenary judicial authority with respect to the trial of charges brought pursuant to this Agreement.
18.
An International Military Tribunal shall have the power to establish its own rules of procedure, which shall be not inconsistent with the provisions of this Agreement.
19.
Occupation courts or other tribunals may be set up by the Signatories or any of them for the trial of offenders other than those tried before an International Military Tribunal who are not sent back for trial to the countries in which their atrocities and crimes were committed, including offenders charged with criminal liability through membership in any group or organization as provided in
Article 12 (d)
of this Agreement.
PUNISHMENT
20.
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 before which they are tried 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.
21.
other punishment as shall be determined by the Tribunal before which they are tried 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. 21.
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.
PREPARATION OF CHARGES AND PROSECUTION
22.
At the earliest possible time the Soviet Union, the United States, the United Kingdom and France shall each designate a representative, and such representatives acting as a group shall prepare the charges pursuant to
Article 6
hereof and shall institute and conduct the prosecution. Such representatives shall also prepare and recommend to the Control Council plans for the prosecution and trial of persons charged with liability pursuant to
Article 12 (d)
through membership in organizations found criminal by an International Military Tribunal.
23.
The representatives shall also be charged with:
(1)
recommending to appropriate governmental authorities agreements and measures supplemental to or in addition to this Agreement, necessary or appropriate to accomplish the objectives thereof, and
(2)
the maintenance of liaison among and with the appropriate military and civil agencies, authorities and commissions of or representing any of the United Nations with respect to the matters dealt with in this Agreement.
EMOLUMENTS AND EXPENSES
24.
The emoluments and expenses of those members of the International Military Tribunal designated by the respective Signatories as provided in
Article 15
of this Agreement and of the representatives provided for in
Article 22
of this Agreement, shall be borne by the respective Signatories by whom they have been appointed.
25.
of those members of the International Military Tribunal designated by the respective Signatories as provided in Article 15 of this Agreement and of the representatives provided for in Article 22 of this Agreement, shall be borne by the respective Signatories by whom they have been appointed. 25.
The emoluments and expenses of the staffs for the International Military Tribunal and the representatives and incidental expenses, such as rent, heat, light, stationery and printing shall be borne in equal shares by the Signatories.
26.
The emoluments and expenses of those occupation courts and tribunals established as provided in
Article 19
of this Agreement shall be justly apportioned between the Signatories concerned and any participating Adherents as may be agreed between them.
Done at ------------------------------ this the --------------day of -------------- 1945.
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
American Memorandum Presented at San Francisco, April 30, 1945
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Note: The following memorandum was prepared, as the date indicates, in reference to an earlier draft than the revision submitted at San Francisco. It was, however, considered equally applicable to the latter and was delivered to the Foreign Ministers at San Francisco. Copies were also later provided to the representatives at the London Conference.
MEMORANDUM OF PROPOSALS FOR THE PROSECUTION AND PUNISHMENT OF CERTAIN WAR CRIMINALS AND OTHER OFFENDERS
30 April 1945
I. The Moscow Declaration Did Not Cover the Whole Problem of the Trial and Punishment of War Criminals.
In the statement jointly issued by President Roosevelt, Premier Stalin and Prime Minister Churchill on 1 November 1943, usually referred to as the Moscow Declaration, it was announced that those members of the Hitlerite forces who have been responsible for, or have taken a consenting part in, atrocities and war crimes in territory occupied by the Axis forces, would be sent back to the countries in which their abominable deeds were done in order that they may be judged according to the laws of those countries. It is assumed for the purposes of this memorandum that the four principal Allies will cooperate in carrying out this policy set out in the Moscow Declaration and also that the several Allies will cooperate fully in arranging for the trial and punishment by the United Nations concerned (or before an Allied military tribunal) of those Hitlerite nationals who have committed war offenses anywhere against the civilians or soldiers of any United Nation.
No policy, however, was fixed in the Moscow Declaration covering
a. the punishment of the major war criminals whose offenses have no particular geographical localization, beyond the announcement that they would be punished by joint decision of the Governments of the Allies; or
b