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
Although this preamble does not expressly say so, it is clear that the
second purpose is to implement the Potsdam Agreement, which required
“uniform treatment of the German population throughout Germany”
as an inter-allied multipowered policy. The policy was thus made
inter-allied. The method of implementing it was all that was delegated
as a matter of right, not power, to the several contracting nations
acting within their zones of occupation through their zonal commander.
This Tribunal therefore is international in its source as well as in
its jurisdiction over subject matter and persons.
On 30 September and 1 October 1946, approximately 13 months after
the London Agreement and Charter were created and more than 9 months
after Law No. 10 was promulgated, the International Military Tribunal
rendered its decision and judgment upon the individual defendants whom
it found guilty.
After the judgment of the International Military Tribunal on 18
October 1946, the Zone Commander of the American Zone, for the purpose
of implementing Law No. 10 of the Inter-Allied Control Council for
Germany, and to carry out the purposes therein stated and previously
agreed upon by the four signatory powers at London and Potsdam,
promulgated Ordinance No. 7, concerning the organization and powers of
certain military tribunals. That ordinance brought this Tribunal into
existence and laid down many of the procedures under which it operates,
but it did not restrict nor limit its jurisdiction over persons or
subject matter set out in Law No. 10 nor did it define new crimes.
Nothing that has been done since the four Powers adopted the London
Agreement and Charter has operated to materially limit the jurisdiction
over persons and subject matter of this Tribunal from that conferred
upon the International Military Tribunal by those international
instruments.
A study of the charter, Law No. 10 and Ordinance No. 7 discloses that
Law No. 10, article II, paragraph 5 tolls any and all statutes of
limitations for the period from 30 January 1933 to 1 July 1945. It also
contains provisions which have the effect of depriving this Tribunal
of recognizing as a valid defense in this trial any immunity, pardon
or amnesty granted to any of these defendants by the Nazi government.
This is a limitation not imposed by the charter upon the International
Military Tribunal.
Likewise, Ordinance No. 7, article X is in no wise a limitation upon
the powers of this Court to determine the guilt or innocence of these
defendants.[41] It reads as follows:
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