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CHARTER OF THE
INTERNATIONAL MILITARY TRIBUNAL |
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CONSTITUTION OF
THE INTERNATIONAL MILITARY TRIBUNAL |
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Article 1. In pursuance of
the Agreement signed on the 8th day of August 1945 by 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, there shall be
established an International Military Tribunal (hereinafter called "the
Tribunal") for the just and prompt trial and punishment of the major war
criminals of the European Axis.
Article 2. The Tribunal shall
consist of four members, each with an alternate. One member and one alternate
shall be appointed by each of the Signatories. The alternates shall, so far as
they are able, be present at all sessions of the Tribunal. In case of illness
of any member of the Tribunal or his incapacity for some other reason to
fulfill his functions, his alternate shall take his place.
Article
3. Neither the Tribunal, its members nor their alternates can be challenged
by the prosecution, or by the Defendants or their Counsel. Each Signatory may
replace its member of the Tribunal or his alternate for reasons of health or
for other good reasons, except that no replacement may take place during a
Trial, other than by an alternate.
Article 4.
(a)
The presence of all four members of the Tribunal or the alternate for any
absent member shall be necessary to constitute the quorum.
(b)
The members of the Tribunal shall, before any trial begins, agree among
themselves upon the selection from their number of a President, and the
President shall hold office during that trial, or as may otherwise be agreed by
a vote of not less than three members. The principle of rotation of presidency
for successive trials is agreed. If, however, a session of the Tribunal takes
place on the territory of one of the four Signatories, the representative of
that Signatory on the Tribunal shall preside.
(c) Save as
aforesaid the Tribunal shall take decisions by a majority vote and in case the
votes are evenly divided, the vote of the President shall be decisive: provided
always that convictions and sentences shall only be imposed by affirmative
votes of at least three members of the Tribunal.
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.
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JURISDICTION AND
GENERAL PRINCIPLES |
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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;
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