. NMT03-T0978
Volume III · Page 978
| be subject to punishment if caught. Whether it be considered codification or substantive legislation, no person who knowingly committed the acts made punishable by C. C. Law 10 can assert that he did not know that he would be brought to account for his acts. Notice of intent to punish was repeatedly given by the only means available in international affairs, namely, the solemn warning of the governments of the states at war with Germany. Not only were the defendants warned of swift retribution by the express declaration of the Allies at Moscow of 30 October 1943. Long prior to the Second World War the principle of personal responsibility had been recognized. |
"The Council of the Conference of Paris of 1919 undertook, with the aid of the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, to incorporate in the treaty of peace arrangements for the punishment of individuals charged with responsibility for certain offenses."¹ |
| That Commission on Responsibility of Authors
of the War found that — |
"The war was carried on by the central empires, together with their allies, Turkey and Bulgaria, by barbarous or illegitimate methods in violation of the established laws and customs of war and the elementary laws of humanity."² |
| As its conclusion, the Commission solemnly declared: |
"All persons belonging to enemy countries, however high their position may have been, without distinction of rank, including Chiefs of States, who have been guilty of offences against the laws and customs of war or the laws of humanity, are liable to criminal prosecution."³ |
| The American members of that Commission, though in substantial accord with the finding, nevertheless expressed a reservation as to "the laws of humanity." The express wording of the London Charter and of C. C. Law 10 constitutes clear evidence of the fact that the position of the American Government is now in harmony with the Declaration of the Paris Commission concerning the "laws of humanity." We quote further from the report of the Paris Commission |
"Every belligerent has, according to international law, the power and authority to try the individuals alleged to be guilty of the crimes of which an enumeration has been given in chapter 11 on Violations of the Laws and Customs of War, if such persons have been taken prisoners or have otherwise fallen into |
¹ Hyde, on. cit., volume III, page 2409.
² Ibid., pages 2409 and 2410.
³ American Journal of International Law. Vol. 14 (1920), p. 117.
