Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
(_a_) The presence of all four members of the Tribunal or the alternate
for any absent member shall be necessary to constitute the quorum.
(_b_) 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. If,
however, a session of the Tribunal takes place on the territory of one
of the four Signatories, the representative of that Signatory on the
Tribunal shall preside.
(_c_) Save as aforesaid the Tribunal shall take decisions by a 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.
=Article 5.= In case of need and depending on the number of the matters
to be tried, other Tribunals may be set up; and the establishment,
functions, and procedure of each Tribunal shall be identical, and shall
be governed by this Charter.
II. JURISDICTION AND GENERAL PRINCIPLES
=Article 6.= The Tribunal established by the Agreement referred to in
Article 1 hereof for the trial and punishment of the major war criminals
of the European Axis countries shall have the power to try and punish
persons who, acting in the interests of the European Axis countries,
whether as individuals or as members of organizations, committed any of
the following crimes.
The following acts, or any of them, are crimes coming within the
jurisdiction of the Tribunal for which there shall be individual
responsibility:
(_a_) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or
waging of a war of aggression, or a war in violation of International
treaties, agreements or assurances, or participation in a common plan or
conspiracy for the accomplishment of any of the foregoing;
(_b_) WAR CRIMES: namely, violations of the laws or customs of war. Such
violations shall include, but not be limited to, murder, ill-treatment
or deportation to slave labor or for any other purpose of civilian
population of or in occupied territory, murder or ill-treatment of
prisoners of war or persons on the seas, killing of hostages, plunder of
public or private property, wanton destruction of cities, towns or
villages, or devastation not justified by military necessity;
(_c_) CRIMES AGAINST HUMANITY: namely, murder, extermination,
enslavement, deportation, and other inhumane acts committed against any
civilian population, before or during the war; or persecutions on
political, racial or religious grounds in execution of or in connection
with any crime within the jurisdiction of the Tribunal, whether or not
in violation of the domestic law of the country where perpetrated.[1]
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