dtufail/nuremberg-trials-corpus huggingface dataset:
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. 8. Chiefs of Counsel appointed by the Signatories shall be charged with:
(a) determining the persons, groups, and orcranizations against whom, in their judgment, there exists sufficient proof of criminal violations of International Law set out in Article 5 above to warrant their being brought to trial before the International Military Tribunal;
(b) preparing the charges against such persons and organizations;
(c) determining the proof which in their judgment has sufficient probative value to be offered in evidence against any or all such persons, groups and organizations;
(d) instituting and conducting bef ore the International 1\1ilitary Tribunal prosecutions of such persons, groups and organizations.
Determination of the matters set out in sub-paragraphs (a) through (d) above shall be by agreement of the Chiefs of Counsel, provided that any Chief of Counsel may (1) bring to trial before such International Military Tribunal any person in the custody of his Government or of any Government which consents to the trial of such person, and any group or organization, representative members of which are in the custody of his Government, if, in his judgment such person, group, or organization has committed any criminal violation of International Law defined in Article 6 hereof ; and (2) introduce any evidence which in his judgment has probative value relevant to the issues raised by the charges being tried.
9. The Chiefs of Counsel shall also be charged with recommending rules of procedure for adoption by the International Military Tribunal.
CONSTITUTING OF TRIBUNAL
10
; and (2) introduce any evidence which in his judgment has probative value relevant to the issues raised by the charges being tried. 9. The Chiefs of Counsel shall also be charged with recommending rules of procedure for adoption by the International Military Tribunal. CONSTITUTING OF TRIBUNAL 10. The International Military Tribunal shall have the power (a) after receiving recommendations of the Chiefs of Counsel, to establish its own rules of procedure, which shall not be inconsistent with the provisions of this Agreement; (b) to summon witnesses, including defendants, and to require their attendance and testimony; (c) to require the production of documents and other evidentiary material; (d) to administer oaths; (e) to appoint special masters and other officers to take evidence, and to make findings, except findings of guilt, or certify summaries of evid ' ence to the International Military Tribunal whether before or during the trial, and (f) generally to exercise in a manner not inconsistent with the provisions of this Agreement plenary authority with respect to the trial of charges brought pursuant to this Agreement. Its judgment of guilty or innocence shall be final and not subject to revision.
11. There shall be lodged with the Court prior to the commencement of the trial an indictment, supported by full particulars, specifying in detail the charges against the defendants being brought to trial. No proof shall be lodged with the Court except at the trial, and copies of any matters to be introduced in writing shall be furnished the defendants prior to their introduction. (12. quoted above) (13. quoted above)
(7. Quoted above as follows:)
7. The parties to this Agreement agree to bring to trial before the International Military Tribunal at or such other place as the parties may unanimously agree in the names of their respective peoples, the major criminals, including groups and organizations, referred to in Article 2.
(Part of 6 quoted above, as follows:)
. .
Agreement agree to bring to trial before the International Military Tribunal at or such other place as the parties may unanimously agree in the names of their respective peoples, the major criminals, including groups and organizations, referred to in Article 2. (Part of 6 quoted above, as follows:) . .. 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.
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, and 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.
6. The alternate, so far as practicable shall be present at the sessions of the Tribunal.
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.
19. 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, (e) 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.
8. Chiefs of Counsel appointed by the Signatories shall be charged with . .
kind whatsoever, (e) 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. 8. Chiefs of Counsel appointed by the Signatories shall be charged with . .. instituting and conducting before the International Military Tribunal prosecutions of such persons, groups and organizations.
14. In order to insure fair trial for defendants the following procedure is established:
(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. The Tribunal shall determine what constitutes reasonable notice in any given instance.
(b) The defendants physically present before the Tribunal will (1) 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; (2) be given fair opportunity to be heard in their defence 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.
11. There shall be lodged with the Court prior to the commencement of the trial an indictment, supported by full particulars, specifying in detail the charges against the defendants being brought to trial. No proof shall be lodged with the Court except at the trial, and copies of any matters to be introduced in writing shall be furnished the defendant prior to their introduction.
10. The International 'Military Tribunal shall have power . . . .
(e) to appoint special masters and other officers to take evidence, and to make findings, except findings of guilt, or certify summaries of evidence to the International Military Tribunal, whether before or during the trial . . . .
PROVISIONS REGARDING PROOF
18. The Tribunal shall not be bound by technical rules of evidenee
and other officers to take evidence, and to make findings, except findings of guilt, or certify summaries of evidence to the International Military Tribunal, whether before or during the trial . . . . PROVISIONS REGARDING PROOF 18. The Tribunal shall not be bound by technical rules of evidenee. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedures and shall admit any evidence which it deems to have probative value. It shall employ with all possible liberality simplifications of proof, such as but not limited to: requiring defendants to make -written proffers of proof ; making extensive use of judicial notice; receiving sworn or unsworn statements of witnesses, depositions, recorded examinations before or findings of military or other tribunals, copies of official reports, publications and documents or other evidentiary materials and all such other evidence as is customarily received by international tribunals.
16. Any defence 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.
17. The fact that a defendant acted pursuant to order of a superior or to government sanction shall not constitute a defence per se, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.
SUBSTANTIVE PROVISIONS FOR LIABILITY AND DEFENCE
15. In the trial, the Tribunal shall apply the general rule of liability that those who participate in the formulation or execution of a criminal plan involving multiple crimes are liable for each of the offelises committed and responsible for the acts of each other.
TRIAL OF GROUPS OR ORGANIZATIONS
22. Groups or organizations, official or unofficial, may be charged before the 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
Groups or organizations, official or unofficial, may be charged before the 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 a group or an organization, the Tribunal shall make written findings and enter written judgment on the charges against such group or organization and the representative members on trial.
23. Upon conviction of any group or organization, any party to this Agreement may bring charges against any person for participation in its criminal activities pursuant to the provisions of Article 15 hereof before any occupation or other Tribunal established by it. In any such trial, the findings of the International Military Tribunal as to the criminality of the group or organization shall be binding upon the occupation or other Tribunal. Upon proof of membership in such group or organization, such person shall be deemed to have participated in and be guilty of its criminal activities unless he proves the absence of voluntary participation. A person so convicted shall suffer death or such other punishment as the Tribunal may deem just in light of the degree of his culpability.
24. Any party to this agreement may, either in a proceeding described in Paragraph 23 or in an independent proceeding, charge any person, before an occupation or other Tribunal, with any crime other than the crimes referred to in Paragraph 23, and such Tribunal may, upon his conviction, impose upon him for such crime punishment independent of and additional to the punishment imposed for participation in the criminal activities of such group or organization.
PUNISHMENT
20. Defendants brought to trial before the Tribunal shall, upon conviction, suffer death or such other punishment as shall be determined by the Tribunal to be just.
14 . . . .
(b) . .
the punishment imposed for participation in the criminal activities of such group or organization. PUNISHMENT 20. Defendants brought to trial before the Tribunal shall, upon conviction, suffer death or such other punishment as shall be determined by the Tribunal to be just. 14 . . . . (b) . .. The Tribunal shall determine to what extent and for what reasons proceedings against defendants may be taken without their presence.
21. The sentences shall be carried out in accordance with written orders of the Control Council, and the Control Council may at any time reduce or otherwise alter the sentences but may not increase the severity thereof.
EXPENSES
25. The expenses of the International Military Tribunal shall be charged by the Signatories against the funds allotted for the maintenance of the Control Council, and the expenses of the Chiefs of Counsel shall be borne by the respective Signatories.
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.
(1)
Oct. 30, 1943, is correct.
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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 Report of American Member of Drafting Subcommittee, July 11, 1945 Previous Document Contents Next Document MEMORANDUM FOR MR. JUSTICE JACKSON 11 July 1945 Subject:Final Report of American Representative on the Four-Power Drafting Sub-committee. 1. The undersigned makes this Final Report as the American Representative on the Four-Power Drafting Sub-committee for the drafting of the Executive Agreement and Annex, or Charter, as we no-%v call it. 2. Meetings have been held beginning on Thursday, 5 July, and on continuing on successive days thereafter, with the exception of Saturday and Sunday. The final meeting was held and concluded this forenoon. [Mr. Alderman's notes of the meetings are appended hereto.] 3. I attach hereto a copy, and I am distributing to the entire Staff copies, of a mimeographed reproduction of the documents as the Drafting Sub-committee finally revised them this morning [XXV]. Matters within square brackets are reserved especially to be raised before the plenary sessions. In addition, it is understood that all of the work of the Drafting Sub-committee is tentative, in the sense that it is all subject to approval or disapproval of the plenary sessions. However, the drafts as hereto attached, with the exception of the matters in square brackets, represent agreement by the four conferees: for the Russians, Prof. Trainin; for the French, M. Falco; for the British, Sir Thomas Barnes - for the Americans, Mr. Alderman. 4. I am well enough satisfied with these drafts to recommend their substantial adoption, with reservation of the reserved matters. 5. I transmitted to the Drafting Sub-committee your suggestion that a free day be allowed to intervene before the next plenary session, whereupon it was understood that the next plenary session would be held at 10: 30 a.m. on Friday, 13 July 1945 at Church House. SIDNEY S. ALDERMAN Distribution Mr. Justice Jackson (2) The entire Staff Notes of American Representative on Drafting Subcommittee 5 July 1945 AGREEMENT After discussion it was agreed to take the preamble from our earlier draft, which quoted exactly the provisions of the Moscow declaration, adding a reference to "other statements that have been made by the United Nations, with reference to the
Representative on Drafting Subcommittee 5 July 1945 AGREEMENT After discussion it was agreed to take the preamble from our earlier draft, which quoted exactly the provisions of the Moscow declaration, adding a reference to "other statements that have been made by the United Nations, with reference to the punishment of war criminals". The Russians agreed to consider my suggestion for writing into their article 1, "including groups and organizations fairly represented by their individual members brought before the Court". They would not commit themselves but reserved the question. I objected to calling the annex the "statute", on our constitutional grounds. Professor Trainin objected to "annex" because it does not fit in with the idea that the annex is an integral part of the agreement. At the suggestion of Sir Thomas Barnes we compromised on "charter" as the name for the statute or annex. Russian article 3 was changed so as to make it read, "Each of the Signatories undertakes to make available at the trial all the major war criminals who are under the jurisdiction of the Tribunal." I presented Mr. Justice Jackson's objections to Russian article 4, arguing that it is beyond our function to commit our governments to diplomatic negotiations with other governments, not parties, regarding handing over of criminals in their possession. That is for regular diplomatic handling. The British suggested that we confine it to "will use their best efforts" and, as so amended, the whole article was reserved for further discussion. Russian article 5 was amended so as to make it read substantially, "Each of the Signatories will establish policies and procedures governing the return of persons who under the Moscow Declaration are to be returned for trial to the scene of their crimes." Mr. Clyde has the exact wording. Russian article 6 was amended so as to read substantially, "All Governments of the United Nations may accede to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other parties of each such accession." The British did not wish to be put under the burden of issuing formal invitations to some 50 governments to
"All Governments of the United Nations may accede to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other parties of each such accession." The British did not wish to be put under the burden of issuing formal invitations to some 50 governments to accede to the agreement. Russian article 7 was changed to read, "This agreement becomes valid immediately on the day of signing. It shall run for the term of one year and thereafter, subject to the right of any party to terminate it upon one month's notice." This is substantially the provision agreed on. Mr. Clyde has it exactly. It was decided that our article 6 of the agreement is unnecessary. Mr. Clyde will have a complete redraft of the Agreement ready for the meeting at 3 o'clock. All this is tentative and subject to confirmation in plenary sessions. CHARTER We changed Soviet article 1 to read: "In pursuance of the Agreement dated ------------- an International Military Tribunal (henceforth called the Tribunal) shall be established for the just and prompt trial and punishment of the major war criminals of the European Axis Powers." It was tentatively agreed to omit our articles 1, 2 and 3. It was decided to follow with a revision of Soviet article S. We want direct appointment of court members by each Government, instead of appointment by the Control Council. Prof. Trainin said he would consider but could not pass finally on it. We would not want to consult the Control Council about our appointment to the court; we would consult it about setting up the court. But, once it is set up, our appointment must be our own, subject to no consent or control by the Control Council. It was tentatively agreed to follow Soviet article 8, as amended, with our article 6, out down to the following: "The 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." Then we followed with Soviet article 9, amended to read as follows: "The members of the Tribunal cannot be challenged by the
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." Then we followed with Soviet article 9, amended to read as follows: "The members of the Tribunal cannot be challenged by the defendants, the prosecution or the counsel for the defence. The respective Governments may replace a member or his alternate by other persons, by reasons of health or other good reasons." We adjourned for lunch to reassemble at 3 p.m. We next brought up among the general provisions the Soviet article 10, providing for quorum and voting, very substantially rewritten, after full discussion, as follows: "Article 4. The presence of all four members of the Tribunal or their alternates shall be necessary to constitute the quorum. "If a session of the Tribunal is taking place on the territory of one of the four Signatories, the representative of that Signatory on the Tribunal shall preside. In other cases, the members of the Tribunal shall, before any trial begins, agree among themselves upon the selection from their number of a President, and the President shall hold office during that trial; or as may otherwise be agreed by a vote of not less than three members. The principle of rotation of presidency for successive trials is agreed. "Save as aforesaid the Tribunal shall take decisions by a simple majority vote and in case the votes are evenly divided, the vote of the President shall be decisive; provided always that convictions and sentences shall only be imposed by affirmative votes of at least three members of the Tribunal." Articles 2 and 3 as redrafted this morning were again amended as shown by penciled corrections on the Clyde draft. We will fit into proper place Soviet article 3 (chambers or branches of the Tribunal) amended to read as follows: "The Tribunal may sit in one or more chambers or divisions, depending on the number of cases to be tried. The establishment, functions and procedure of all the chambers or divisions shall be identical and shall be governed by this Charter." We are to bring up Soviet article 21 (alternates) and fit it into its proper place. We merged the language of Soviet article