. NMT04-F024
Volume IV · Page XXIV
(c) The Military Governor may in his discretion enter into an agreement with one or more other zone commanders of the member nations of the Allied Control Authority providing for the joint trial of any case or cases. In such cases the tribunals shall consist of three or more members as may be provided in the agreement. In such cases the tribunals may include properly qualified lawyers designated by the other member nations. (d) The Military Governor shall designate one of the members of the tribunal to serve as the presiding judge. (e) Neither the tribunals nor the members of the tribunals or the alternates may be challenged by the prosecution or by the defendants or their counsel. (f) In case of illness of any member of a tribunal or his incapacity for some other reason, the alternate, if one has been designated, shall take his place as a member in the pending trial. Members may be replaced for reasons of health or for other good reasons, except that no replacement of a member may take place, during a trial, other than by the alternate. If no alternate has been designated, the trial shall be continued to conclusion by the remaining members. (g) The presence of three members of the tribunal or of two members when authorized pursuant to subsection (f) supra shall be necessary to constitute a quorum. In the case of tribunals designated under (c) above the agreement shall determine the requirements for a quorum. (h) Decisions and judgments, including convictions and sentences, shall be by majority vote of the members. If the votes of the members are equally divided, the presiding member shall declare a mistrial. |
| Article III |
| (a) Charges against persons to be
tried in the tribunals established hereunder shall originate in the Office of
the Chief of Counsel for War Crimes, appointed by the Military Governor
pursuant to paragraph 3 of the Executive Order Numbered 9679 of the President
of the United States dated 16 January 1946. The Chief of Counsel for War Crimes
shall determine the persons to be tried by the tribunals and he or his
designated representative shall file the indictments with the Secretary General
of the tribunals (see Article XIV, infra) and shall conduct the
prosecution. (b) The Chief of Counsel for War Crimes, when in his judgment it is advisable, may invite one or more United Nations to designate representatives to participate in the prosecution of any case. |
| Article IV |
| In order to ensure fair trial for the
defendants, the following procedure shall be followed: (a) A defendant shall be furnished, at a reasonable time before his trial, a copy of the indictment and of all documents lodged with the indictment, translated into a language which he understands. The indictment shall state the charges plainly, concisely and with sufficient particulars to inform defendant of the offenses charged. (b) The trial shall be conducted in, or translated into, a language which the defendant understands. (c) A defendant shall have the right to be represented by counsel of his own selection, provided such counsel shall be a person qualified under existing regulations to conduct cases before the courts of defendant's country, or any other person who may be specially authorized |
