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1. Each of the following
acts is recognized as a crime:
a. Crimes against Peace.
Initiation of invasion of other countries and wars of aggression in violation
of international laws and treaties, including but * * * a war of aggression, or
a war of 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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| * * * * * |
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2. Any person, without
regard to nationality or the capacity in which he acted, is deemed to have
committed a crime as defined in paragraph 1 of this Article, if he was
(a) a principal or (b) was an accessory to the commission of any
such crime or ordered or abetted the same or (c) took a consenting part
therein or (d) was connected with plans or enterprises involving its
commission or (e) was a member of any organization or group connected with the
commission of any such crime or (f) with reference to paragraph 1
(a), if he held a high political, civil, or military (including General
Staff) position in Germany or in one of its Allies, cobelligerents, or
satellites, or held high position in the financial, industrial, or economic
life of any such country. |
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| The following articles appear in Military Government, Germany,
Ordinance No. 7, Organization and Powers of Certain Military
Tribunals: |
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| Article IX |
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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. |
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| Article X |
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The determinations of the
International Military Tribunal in the judgments in Case No. 1 that invasion,
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." |
392 |