 |
CHARTER OF THE INTERNATIONAL
MILITARY TRIBUNAL |
| |
| L
CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL |
| |
Article
1. In pursuance of the Agreement signed on the 8th day of August 1945 by 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,
there shall be established an International Military Tribunal (hereinafter
called "the Tribunal") for the just and prompt trial and punishment of the
major war criminals of the European Axis.
Article 2. The Tribunal shall
consist of four members, each with an alternate. One member and one alternate
shall be appointed by each of the Signatories. The alternates shall, so far as
they are able, be present at all sessions of the Tribunal. In case of illness
of any member of the Tribunal or his incapacity for some other reason to
fulfill his functions, his alternate shall take his place.
Article 3.
Neither the Tribunal, its members nor their alternates can be challenged by the
prosecution, or by the Defendants or their Counsel. Each Signatory may replace
its member of the Tribunal or his alternate for reasons of health or for other
good reasons, except that no replacement may take place during a Trial, other
than by an alternate.
Article 4.
(a) The presence of all four
members of the Tribunal or the alternate for any absent member shall be
necessary to constitute the quorum.
(b) 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.
(c) 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.
Article 5. In case of need and depending on the number of the
matters to be tried, other Tribunals may be set up; and the establishment,
functions, and procedure of each Tribunal shall be identical, and shall be
governed by this Charter. |
| |
| II.
JURISDICTION AND GENERAL PRINCIPLES |
| |
Article
6. The Tribunal established by the Agreement referred to in Article 1 hereof
for the trial and punishment of the major war criminals of the European Axis
countries shall have the power to try and punish persons who, acting in the
interests of the European Axis countries, whether as individuals or as members
of organizations, committed any of the following crimes.
The following
acts, or any of them, are crimes coming within the jurisdiction of the Tribunal
for which there shall be individual responsibility: |
| |
(a) 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;
|
XIII |
. 
