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
It is clear that those criminals whose offenses have no particular
geographical localization, are to be “punished,” not necessarily tried,
by the “joint decision,” not necessarily a joint or international
tribunal, of the Allies. The basic policy to punish is thus clearly
laid down.
Thereafter, the same three powers met at Potsdam after the
unconditional surrender of Germany. At this meeting representatives
of the French nation also participated. There agreements and
understandings relative to the future policies to be pursued by those
governments toward Germany and war criminals were reached. Two of them
should be recalled, because they throw light upon the stature and
the international character of this Tribunal and also of the purpose
behind the definition of the crimes for the commission of which these
defendants have been indicted and are being tried.
In the statement released at Potsdam on 2 August 1945, they said:
“The three governments have taken note of the discussions which
have been proceeding in recent weeks in London * * * with the
view to reaching agreement on the methods of trial of those
major war criminals whose crimes under the Moscow Declaration of
October 1943 have no particular geographical localization, * * *
they regard it as a matter of great importance that the trial of
those major criminals shall begin at the earliest possible date.”
We thus see that the three powers have now advanced from their thinking
at Moscow, in that they have determined the method by which these
criminals are to be “punished.” But the method of trial is still to be
the result of the “joint decision” of the powers who signed the Moscow
Declaration, concurred in by the representatives of the French nation.
The decision to try by judicial proceeding came six days later at
London.
But another significant decision was reached at Potsdam. The
powers concerned reached agreement on “The Political and Economic
Principles to Govern the Treatment of Germany in the Initial Control
Period.” Among these we find the following which are pertinent to an
understanding of what we do here.
“A. Political Principles
“1. In accordance with the agreement, * * * supreme authority
in Germany is exercised, on instructions from their respective
governments, by the commanders-in-chief of the armed forces (of
the governments concerned) each in his own zone of occupation
and also jointly, in matters affecting Germany as a whole, in
their capacity as member of the Control Council.
“2. So far as practicable, there shall be uniformity of
treatment of the German population throughout Germany.
“3. The purposes of the occupation of Germany by which the
Control Council shall be guided are:
* * * * * * *
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