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;
(b) 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;
(c) 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 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.
* Comma substituted in place of semicolon by Protocol of 6
October 1945.