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AND WHEREAS this Declaration was stated to be
without prejudice to the case of major criminals whose offenses have no
particular geographical location and who will be punished by the joint decision
of the Governments of the Allies;
NOW THEREFORE 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 (hereinafter called "the Signatories") acting in
the interests of all the United Nations and by their representatives duly
authorized thereto have concluded this Agreement.
Article 1. There shall be established after consultation with the Control
Council for Germany an International Military Tribunal for the trial of war
Criminals whose offenses have no particular geographical location whether they
be accused individually or in their capacity as members of organizations or
groups or in both capacities.
Article 2. The constitution, jurisdiction and functions of the International
Military Tribunal shall be those set out in the Charter annexed to this
Agreement, which Charter shall form an integral part of this Agreement.
Article 3. Each of the Signatories shall take the necessary steps to make
available for the investigation of the charges and trial the major war
criminals detained by them who are to be tried by the International Military
Tribunal. The Signatories shall also use their best endeavors to make available
for investigation of the charges against and the trial before the International
Military Tribunal Such of the major war criminals as are not in the territories
of any of the Signatories.
Article 4. Nothing in this Agreement shall prejudice the provisions established
by the Moscow Declaration concerning the return of war criminals to the
countries where they committed their crimes.
Article: 5. Any Government of the United Nations may adhere to this Agreement
by notice given through the diplomatic channel to the Government of the United
Kingdom, who shall inform the other signatory and adhering Governments of each
such adherence.
Article 6. Nothing in this Agreement shall prejudice the jurisdiction or the
powers of any national or occupation court established or to be established in
any allied territory or in Germany for the trial of war criminals.
Article 7. This agreement shall come into force on the day of signature and
shall remain In force for the period of one year and shall continue thereafter,
subject to the right of any Signatory to give, through the diplomatic channel,
one month's notice of Intention to terminate it. Such termination shall not
prejudice any proceedings already taken or any findings already made in
pursuance of this Agreement.
IN Witness Whereof the Undersigned have signed the present Agreement.
DONE In quadruplicate In London this 8th day of August 1945 each in English,
French and Russian, and each text to have equal authenticity.
For the Government of the United States of
America
ROBERT H. JACKSON
For the Provisional Government of the French Republic
ROBERT FALCO
For the Government of the United Kingdom of Great Britain and Northern
Ireland
JOWITT, C.
For the Government of the Union of Soviet Socialist Republics
I. NIKITCHENKO
A. TRAININ
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