 |
| 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 |
XII |