RULES OF PROCEDURE
(Adopted 29 October 1945)
Rule 1. Authority to Promulgate Rules.
The present Rules of Procedure of the International Military
Tribunal for the trial of the major war criminals (hereinafter called
"the Tribunal") as established by the Charter of the
Tribunal dated 8 August 1945 (hereinafter called "the
Charter") are hereby promulgated by the Tribunal in accordance
with the provisions of Article 13 of the Charter.
Rule 2. Notice to Defendants and Right to Assistance of
Counsel.
(a) Each individual defendant in custody shall receive not less
than 30 days before trial a copy, translated into a language which he
understands, (1) of the Indictment, (2) of the Charter, (3) of any
other documents lodged with the Indictment, and (4) of a statement of
his right to the assistance of counsel as set forth in sub-paragraph
(d) of this Rule, together with a list of counsel. He shall also
receive copies of such rules of procedure as may be adopted by the
Tribunal from time to time.
(b) Any individual defendant not in custody shall be informed of
the indictment against him and of his right to receive the documents
specified in sub-paragraph (a) above, by notice in such form and
manner as the Tribunal may prescribe.
(c) With respect to any group or organization as to which the
Prosecution indicates its intention to request a finding of
criminality by the Tribunal, notice shall be given by publication in
such form and manner as the Tribunal may prescribe and such
publication shall include a declaration by the Tribunal that all
members of the named groups or organizations are entitled to apply to
the Tribunal for leave to be heard in accordance with the provisions
of Article 9 of the Charter. Nothing herein contained shall be
construed to confer immunity of any kind upon such members of said
groups or organizations as may appear in answer to the said
declaration.
(d) Each defendant has the right to conduct his own defense or to
have the assistance of counsel. Application for particular counsel
shall be filed at once with the General Secretary of the Tribunal at
the Palace of Justice, Nuremberg, Germany. The Tribunal will
designate counsel for any defendant who fails to apply for particular
counsel or, where particular counsel requested is not within ten (10)
days to be found or available, unless the defendant elects in writing
to conduct his own defense. If a defendant has requested particular
counsel who is not immediately to be found or available, such counsel
or a counsel of substitute choice may, if found and available before
trial, be associated with or substituted for counsel