. NMT06-F026
Volume VI · Page XXVI
| deemed admissible if they appear to the tribunal to contain information of probative value relating to the charges: affidavits, depositions, interrogations, and other statements, diaries, letters, the records, findings, statements and judgments of the military tribunals and the reviewing and confirming authorities of any of the United Nations, and copies of any document or other secondary evidence of the contents of any document, if the original is not readily available or cannot be produced without delay. The tribunal shall afford the opposing party such opportunity to question the authenticity or probative value of such evidence as in the opinion of the tribunal the ends of justice require. |
| Article VIII |
| The tribunals may require that they be informed of the nature of any evidence before it is offered so that they may rule upon the relevance thereof. |
| Article IX |
| The tribunals shall not require proof of facts of common knowledge but shall take judicial notice thereof. They shall also take judicial notice of official governmental documents and reports of any of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other tribunals of any of the United Nations. |
| Article X |
| The determinations of the International Military Tribunal in the judgment in Case No. 1 that invasions, aggressive acts, aggressive wars, crimes, atrocities or inhumane acts were planned or occurred, shall be binding on the tribunals established hereunder and shall not be questioned except insofar as the participation therein or knowledge thereof by any particular person may be concerned. Statements of the International Military Tribunal in the judgment in Case No. 1 constitute proof of the facts stated, in the absence of substantial new evidence to the contrary. |
| Article XI |
| The proceedings at the trial shall take the
following course: (a) The tribunal shall inquire of each defendant whether he has received and had an opportunity to read the indictment against him and whether he pleads "guilty" or "not guilty." (b) The prosecution may make an opening statement. (c) The prosecution shall produce its evidence subject to the cross examination of its witnesses. (d) The defense may make an opening statement. (e) The defense shall produce its evidence subject to the cross examination of its witnesses. (f) Such rebutting evidence as may be held by the tribunal to be material may be produced by either the prosecution or the defense. (g) The defense shall address the court. (h) The prosecution shall address the court. (i) Each defendant may make a statement to the tribunal. (j) The tribunal shall deliver judgment and pronounce sentence. |
