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Read Ebook: Trials of war criminals before the Nuernberg military tribunals under control council law no. 10 volume I by Various
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VOLUME II
TRIALS OF WAR CRIMINALS BEFORE NUERNBERG MILITARY TRIBUNALS
DECLARATION ON GERMAN ATROCITIES
Released November 1, 1943
THE UNITED KINGDOM, the United States and the Soviet Union have received from many quarters evidence of atrocities, massacres and cold-blooded mass executions which are being perpetrated by the Hitlerite forces in the many countries they have overrun and from which they are now being steadily expelled. The brutalities of Hitlerite domination are no new thing and all the peoples or territories in their grip have suffered from the worst form of government by terror. What is new is that many of these territories are now being redeemed by the advancing armies of the liberating Powers and that in their desperation, the recoiling Hitlerite Huns are redoubling their ruthless cruelties. This is now evidenced with particular clearness by monstrous crimes of the Hitlerites on the territory of the Soviet Union which is being liberated from the Hitlerites, and on French and Italian territory.
Accordingly, the aforesaid three allied Powers, speaking in the interests of the thirty-two United Nations, hereby solemnly declare and give full warning of their declaration as follows:
At the time of the granting of any armistice to any government which may be set up in Germany, those German officers and men and members of the Nazi party who have been responsible for, or have taken a consenting part in the above atrocities, massacres, and executions, will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free governments which will be created therein. Lists will be compiled in all possible detail from all these countries having regard especially to the invaded parts of the Soviet Union, to Poland and Czechoslovakia, to Yugoslavia and Greece, including Crete and other islands, to Norway, Denmark, the Netherlands, Belgium, Luxemburg, France and Italy.
Thus, the Germans who take part in wholesale shootings of Italian officers or in the execution of French, Dutch, Belgian, or Norwegian hostages or of Cretan peasants, or who have shared in the slaughters inflicted on the people of Poland or in territories of the Soviet Union which are now being swept clear of the enemy, will know that they will be brought back to the scene of their crimes and judged on the spot by the peoples whom they have outraged. Let those who have hitherto not imbrued their hands with innocent blood beware lest they join the ranks of the guilty, for most assuredly the three allied Powers will pursue them to the uttermost ends of the earth and will deliver them to their accusers in order that justice may be done.
The above declaration is without prejudice to the case of the major criminals, whose offences have no particular geographical localisation and who will be punished by the joint decision of the Governments of the Allies.
Roosevelt Churchill Stalin
EXECUTIVE ORDER 9547
LONDON AGREEMENT OF 8 AUGUST 1945
WHEREAS the United Nations have from time to time made declarations of their intention that War Criminals shall be brought to justice;
AND WHEREAS the Moscow Declaration of the 30th October 1943 on German atrocities in Occupied Europe stated that those German Officers and men and members of the Nazi Party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free Governments that will be created therein;
AND WHEREAS this Declaration was stated to be without prejudice to the case of major criminals whose offenses have no particular geographical location and who will be punished by the Joint decision of the Governments of the Allies;
NOW THEREFORE the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics acting in the interests of all the United Nations and by their representatives duly authorized thereto have concluded this Agreement.
IN WITNESS WHEREOF the Undersigned have signed the present Agreement.
DONE in quadruplicate in London this 8^ day of August 1945 each in English, French and Russian, and each text to have equal authenticity.
For the Government of the United States of America
ROBERT H. JACKSON
For the Provisional Government of the French Republic
ROBERT FALCO
For the Government of the United Kingdom of Great Britain and Northern Ireland
JOWITT, C.
For the Government of the Union of Soviet Socialist Republics
CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL
The presence of all four members of the Tribunal or the alternate for any absent member shall be necessary to constitute the quorum.
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.
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.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
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;
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;
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.
Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
After receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the prosecution intends to ask the Tribunal to make such declaration and any member of the organization will be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the organization. The Tribunal shall have power to allow or reject the application. If the application is allowed, the Tribunal may direct in what manner the applicants shall be represented and heard.
The Chief Prosecutors shall act as a committee for the following purposes:
to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff,
to settle the final designation of major war criminals to be tried by the Tribunal,
to improve the Indictment and the documents to be submitted therewith,
to lodge the Indictment and the accompanying documents with the Tribunal,
to draw up and recommend to the Tribunal for its approval draft rules of procedure, contemplated by Article 13 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended.
The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation: provided that if there is an equal division of vote concerning the designation of a Defendant to be tried by the Tribunal, or the crimes with which he shall be charged, that proposal will be adopted which was made by the party which proposed that the particular Defendant be tried, or the particular charges be preferred against him.
investigation, collection, and production before or at the Trial of all necessary evidence,
the preparation of the Indictment for approval by the Committee in accordance with paragraph of Article 14 hereof,
the preliminary examination of all necessary witnesses and of the Defendants,
to act as prosecutor at the Trial,
to appoint representatives to carry out such duties as may be assigned to them,
to undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial.
It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent.
The Indictment shall include full particulars specifying in detail the charges against the Defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the Defendant at a reasonable time before the Trial.
During any preliminary examination or trial of a Defendant he shall have the right to give any explanation relevant to the charges made against him.
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