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
“The determinations of the International Military Tribunal
in the judgments in Case No. 1 that invasions, aggressive
acts, aggressive wars, crimes, atrocities or inhumane acts
were planned or occurred, shall be binding on the tribunals
established hereunder and shall not be questioned except
insofar as the participation therein or knowledge thereof by
any particular person may be concerned. Statements of the
International Military Tribunal in the judgment in Case No.
1 constitute proof of the facts stated, in the absence of
substantial new evidence to the contrary.”
This provision is couched in language calculated to adequately
safeguard the rights of defendants, so that, by the same reasoning,
it cannot be said to operate as an oppressive rule, which in any
material manner unduly restricts this Court in making its own ultimate
determination as to the guilt or innocence of these defendants. It
is a reasonable rule designed to avoid undue repetitious production
of acknowledged facts in the trial of this cause. As such it does
not detract from the dignity of this Court nor affect the concurrent
nature of the jurisdiction which this Court enjoys in relation to the
International Military Tribunal.
In conclusion, therefore, we take the position that this Tribunal, like
the International Military Tribunal, derives from the “joint decision”
of the signers of the Moscow Declaration and of the French nation; that
the subject matter over which it has jurisdiction, the crimes which it
has jurisdiction to try, are codified by the same powers, and that it
has jurisdiction over the same persons, those persons who are charged
by indictment with having committed these crimes. These are the basic
elements upon which concurrent jurisdiction as a matter of law has
always been determined to exist by all courts which have had occasion
to decide this question.
We have belabored this question of the equal dignity and concurrent
jurisdiction of this Tribunal with that of the International Military
Tribunal for reasons which are legal and also arise from the standpoint
of policy. To us they seem important and because they do, a due regard
for the candor owed to this Tribunal and to the world obligates us to
state them.
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