in connection with, the aggressive war, and therefore
constituted Crimes against Humanity.
The Accused Organizations
Article 9 of the Charter provides:
"At the trial of any individual
member of any group or organization the Tribunal may declare (in
connection with any act of which the individual may be convicted)
that the group or organization of which the individual was a member
was a criminal organization."
"After receipt of the Indictment the Tribunal shall give
such notice as it thinks fit that the prosecution intends to ask the
Tribunal to make such declaration and any member of the organization
will be entitled to apply to the Tribunal for leave to be heard by
the Tribunal upon the question of the criminal character of the
organization. The Tribunal shall have power to allow or reject the
application. If the application is allowed, the Tribunal may direct
in what manner the applicants shall be represented and
heard."
Article 10 of the Charter makes clear that the
declaration of criminality against an accused organization is final,
and cannot be challenged in any subsequent criminal proceeding
against a member of the organization. Article 10 is as follows:
"In cases where a group or
organization is declared criminal by the Tribunal, the competent
national authority of any Signatory shall have the right to bring
individuals to trial for membership therein before national, military
or occupation courts. In any such case the criminal nature of the
group or organization is considered proved and shall not be
questioned."
The effect of the declaration of criminality by the
Tribunal is well illustrated by Law Number 10 of the Control Council
of Germany passed on 20 December 1945, which provides:
"Each of the following acts is
recognized as a crime:
. . . .
"(d) Membership in categories of a criminal group or
organization declared criminal by the International Military
Tribunal.
. . . .
"(3) Any person found guilty of any of the crimes above
mentioned may upon conviction be punished as shall be determined by
the Tribunal to be just. Such punishment may consist of one or more
of the following:
(a) Death
(b) Imprisonment for life or a term of years, with or without
hard labor.