 |
| with
offenses recognized as crimes in Article II of Control Council Law No. 10,
including conspiracies to commit any such crimes. Nothing herein shall
prejudice the jurisdiction or the powers of other courts established or which
may be established for the trial of any such offenses. |
| |
| Article
II |
| |
(a) Pursuant to the powers of the Military Governor for the United
States Zone of Occupation within Germany and further pursuant to the powers
conferred upon the Zone Commander by Control Council Law No. 10 and Articles 10
and 11 of the Charter of the International Military Tribunal annexed to the
London Agreement of 8 August 1945 certain tribunals to be known as "Military
Tribunals" shall be established hereunder.
(b) Each such
tribunal shall consist of three or more members to be designated by the
Military Governor. One alternate member may be designated to any tribunal if
deemed advisable by the Military Governor. Except as provided in subsection (e)
of this Article, all members and alternates shall be lawyers who have been
admitted to practice, for at least five years, in the highest courts of one of
the United States or its territories or of the District of Columbia, or who
have been admitted to practice in the United States Supreme Court.
(c) The Military Governor may in his discretion enter into an
agreement with one or more other zone commanders of the member nations of the
Allied Control Authority providing for the joint trial of any case or cases. In
such cases the tribunals shall consist of three or more members as may be
provided in the agreement. In such cases the tribunals may include properly
qualified lawyers designated by the other member nations.
(d)
The Military Governor shall designate one of the members of the tribunal to
serve as the presiding judge.
(e) Neither the tribunals nor the
members of the tribunals or the alternates may be challenged by the prosecution
or by the defendants or their counsel.
(f) In case of illness of
any member of a tribunal or his incapacity for some other reason, the
alternate, if one has been designated, shall take his place as a member in the
pending trial. Members may be replaced for reasons of health or for other good
reasons, except that no replacement of a member may take place, during a trial,
other than by the alternate. If no alternate has been designated, the trial
shall be continued to conclusion by the remaining members.
(g)
The presence of three members of the tribunal or of two members when authorized
pursuant to subsection (f) supra shall be necessary to constitute a quorum. In
the case of tribunals designated under (e) above the agreement shall determine
the requirements for a quorum.
(h) Decisions and judgments,
including convictions and sentences, shall be by majority vote of the members.
If the votes of the members are equally divided, the presiding member shall
declare a mistrial. |
| |
| Article
III |
| |
| (a) Charges against persons to be tried in the tribunals
established here-under shall originate in the Office of the Chief of Counsel
for War Crimes, appointed by the Military Governor pursuant to paragraph 3 of
the Executive Order Numbered 9679 of the President of the United States dated
16 January 1946. The Chief of Counsel for War Crimes shall determine the
persons to be tried by the tribunals and he or his designated representative
shall file the |
| |
XXIV |
. 
