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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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Ebook has 7211 lines and 547912 words, and 145 pages
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.
A preliminary examination of a Defendant and his Trial shall be conducted in, or translated into, a language which the Defendant understands.
A defendant shall have the right to conduct his own defense before the Tribunal or to have the assistance of Counsel.
A defendant shall have the right through himself or through his Counsel to present evidence at the Trial in support of his defense, and to cross-examine any witness called by the Prosecution.
to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them,
to interrogate any Defendant,
to require the production of documents and other evidentiary material,
to administer oaths to witnesses,
to appoint officers for the carrying out of any task designated by the Tribunal including the power to have evidence taken on commission.
confine the Trial strictly to an expeditious hearing of the issues raised by the charges,
take strict measures to prevent any action which will cause unreasonable delay, and rule out irrelevant issues and statements of any kind whatsoever,
deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any Defendant or his Counsel from some or all further proceedings, but without prejudice to the determination of the charges.
The function of Counsel for a Defendant may be discharged at the Defendant's request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.
The Indictment shall be read in court.
The Tribunal shall ask each Defendant whether he pleads "guilty" or "not guilty".
The Prosecution shall make an opening statement.
The Tribunal shall ask the Prosecution and the Defense what evidence they wish to submit to the Tribunal, and the Tribunal shall rule upon the admissibility of any such evidence.
The witnesses for the Prosecution shall be examined and after that the witnesses for the Defense. Thereafter such rebutting evidence as may be held by the Tribunal to be admissible shall be called by either the Prosecution or the Defense.
The Tribunal may put any question to any witness and to any Defendant, at any time.
The Prosecution and the Defense shall interrogate and may cross-examine any witnesses and any Defendant who gives testimony.
The Defense shall address the court.
The Prosecution shall address the court.
Each Defendant may make a statement to the Tribunal.
The Tribunal shall deliver judgment and pronounce sentence.
Whereas an Agreement and Charter regarding the Prosecution of War Criminals was signed in London on the 8th August 1945, in the English, French, and Russian languages.
And whereas a discrepancy has been found to exist between the originals of Article 6, paragraph , of the Charter in the Russian language, on the one hand, and the originals in the English and French languages, on the other, to wit, the semi-colon in Article 6, paragraph , of the Charter between the words "war" and "or", as carried in the English and French texts, is a comma in the Russian text.
and whereas it is desired to rectify this discrepancy:
NOW, THEREFORE, the undersigned, signatories of the said Agreement on behalf of their respective Governments, duly authorized thereto, have agreed that Article 6, paragraph , of the Charter in the Russian text is correct, and that the meaning and intention of the Agreement and Charter require that the said semi-colon in the English text should be changed to a comma, and that the French text should be amended to read as follows:
LES CRIMES CONTRE L'HUMANITE: c'est ? dire l'assassinat, l'extermination, la r?duction en esclavage, la d?portation, et tout autre acte inhumain commis contre toutes populations civiles, avant ou pendant la guerre, ou bien les pers?cutions pour des motifs politiques, raciaux, ou r?ligieux, lorsque ces actes ou pers?cutions, qu'ils aient constitu? ou non une violation du droit interne du pays o? ils ont ?t? perp?tr?s, ont ?t? commis ? la suite de tout crime rentrant dans la comp?tence du Tribunal, ou en liaison avec ce crime.
IN WITNESS WHEREOF the Undersigned have signed the present Protocol.
DONE in quadruplicate in Berlin this 6th day of October, 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
FRAN?OIS DE MENTHON
For the Government of the United Kingdom of Great Britain and Northern Ireland
HARTLEY SHAWCROSS
For the Government of the Union of Soviet Socialist Republics
R. RUDENKO
CONTROL COUNCIL LAW NO. 10
In order to give effect to the terms of the Moscow Declaration of 30 October 1943 and the London Agreement of 8 August 1945, and the Charter issued pursuant thereto and in order to establish a uniform legal basis in Germany for the prosecution of war criminals and other similar offenders, other than those dealt with by the International Military Tribunal, the Control Council enacts as follows:
Article I
The Moscow Declaration of 30 October 1943 "Concerning Responsibility of Hitlerites for Committed Atrocities" and the London Agreement of 8 August 1945 "Concerning Prosecution and Punishment of Major War Criminals of the European Axis" are made integral parts of this Law. Adherence to the provisions of the London Agreement by any of the United Nations, as provided for in Article V of that Agreement, shall not entitle such Nation to participate or interfere in the operation of this Law within the Control Council area of authority in Germany.
Article II
Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal.
Death.
Imprisonment for life or a term of years, with or without hard labour.
Fine, and imprisonment with or without hard labour, in lieu, thereof.
Forfeiture of property.
Restitution of property wrongfully acquired.
Deprivation of some or all civil rights.
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