Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
Article I
The purpose of this Ordinance is to provide for the establishment of
military tribunals which shall have power to try and punish persons
charged with offenses recognized as crimes in Article II of Control
Council Law No. 10, including conspiracies to commit any such crimes.
Nothing herein shall prejudice the jurisdiction or the powers of other
courts established or which may be established for the trial of any
such offenses.
Article II
(_a_) Pursuant to the powers of the Military Governor for the
United States Zone of Occupation within Germany and further pursuant to
the powers conferred upon the Zone Commander by Control Council Law No.
10 and Articles 10 and 11 of the Charter of the International Military
Tribunal annexed to the London Agreement of 8 August 1945 certain
tribunals to be known as “Military Tribunals” shall be established
hereunder.
(_b_) Each such tribunal shall consist of three or more members
to be designated by the Military Governor. One alternate member may
be designated to any tribunal if deemed advisable by the Military
Governor. Except as provided in subsection (_c_) of this Article,
all members and alternates shall be lawyers who have been admitted to
practice, for at least five years, in the highest courts of one of the
United States or its territories or of the District of Columbia, or who
have been admitted to practice in the United States Supreme Court.
(_c_) The Military Governor may in his discretion enter into an
agreement with one or more other zone commanders of the member nations
of the Allied Control Authority providing for the joint trial of any
case or cases. In such cases the tribunals shall consist of three or
more members as may be provided in the agreement. In such cases the
tribunals may include properly qualified lawyers designated by the
other member nations.
(_d_) The Military Governor shall designate one of the members of
the tribunal to serve as the presiding judge.
(_e_) Neither the tribunals nor the members of the tribunals
or the alternates may be challenged by the prosecution or by the
defendants or their counsel.
(_f_) In case of illness of any member of a tribunal or his
incapacity for some other reason, the alternate, if one has been
designated, shall take his place as a member in the pending trial.
Members may be replaced for reasons of health or for other good
reasons, except that no replacement of a member may take place,
during a trial, other than by the alternate. If no alternate has been
designated, the trial shall be continued to conclusion by the remaining
members.
(_g_) The presence of three members of the tribunal or of two
members when authorized pursuant to subsection (_f_) _supra_
shall be necessary to constitute a quorum. In the case of tribunals
designated under (_c_) above the agreement shall determine the
requirements for a quorum.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account