. NMT06-F021
Volume VI · Page XXI
| Zone, the government of that nation or the
Commander of the latter Zone, as the case may be, may request the Commander of
the Zone in which the person is located for his arrest and delivery for trial
to the country or Zone in which the crime was committed. Such request for
delivery shall be granted by the Commander receiving it unless he believes such
person is wanted for trial or as a witness by an International Military
Tribunal, or in Germany, or in a nation other than the one making the request,
or the Commander is not satisfied that delivery should be made, in any of which
cases be shall have the right to forward the said request to the Legal
Directorate of the Allied Control Authority. A similar procedure shall apply to
witnesses, material exhibits and other forms of evidence. 2. The Legal Directorate shall consider all requests referred to it, and shall determine the same in accordance with the following principles, its determination to be communicated to the Zone Commander. (a) A person wanted for trial or as a witness by an International Military Tribunal shall not be delivered for trial or required to give evidence outside Germany, as the case may be, except upon approval of the Committee of Chief Prosecutors acting under the London Agreement of 8 August 1945. (b) A person wanted for trial by several authorities (other than an International Military Tribunal) shall be disposed of in accordance with the following priorities: (1) If wanted for trial in the Zone in which he is, he should not be delivered unless arrangements are made for his return after trial elsewhere; (2) If wanted for trial in a Zone other than that in which he is, he should be delivered to that Zone in preference to delivery outside Germany unless arrangements are made for his return to that Zone after trial elsewhere; (3) If wanted for trial outside Germany by two or more of the United Nations, of one of which he is a citizen, that one should have priority; (4) If wanted for trial outside Germany by several countries, not all of which are United Nations, United Nations should have priority; (5) If wanted for trial outside Germany by two or more of the United Nations, then, subject to Article IV 2 (b) (3) above, that which has the most serious charges against him, which are moreover supported by evidence, should have priority. |
| Article V |
| The delivery, under Article IV of this Law, of persons for trial shall be made on demands of the Governments or Zone Commanders in such a manner that the delivery of criminals to one jurisdiction will not become the means of defeating or unnecessarily delaying the carrying out of justice in another place. If within six months the delivered person has not been convicted by the Court of the zone or country to which he has been delivered, then such person shall be returned upon demand of the Commander of the Zone where the person was located prior to delivery. |
| Done at Berlin, 20 December 1945. |
| JOSEPH
T. MCNARNEY General |
| B. L.
MONTGOMERY Field Marshal |
| L. KOELTZ General de Corps d'Armée for P. KOENIG General d'Armée |
| G. ZHUKOV Marshal of the Soviet Union |
