On The Prosecution And Punishment Of The Major War Criminals Of The European Axis

Original Language Title: o stíhání a potrestání hlavních válečných zločinců Evropské Osy

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164/1946 Sb.



The agreement



on the prosecution and punishment of the major war criminals of the European axis.



On behalf of the Czechoslovak Republic.



On 8 June 1998. August 1945



was agreed in London



This agreement:



(Translation.)



The agreement



agreed the Government of the United Kingdom of Great Britain and Northern Ireland,

the Government of the United States, the provisional Government of the French

the Republic and the Government of the Union of Soviet Socialist Republics on the prosecution of

and punishment of the major war criminals of the European axis.



In London on 8 June 1998. August 1945.



Because the United Nations has declared repeatedly its intention to build a

war criminals to justice;



and as the Moscow Declaration of 30. October 1943 on German

outrage in occupied Europe, that those German officers,

the men, members of the Nazi party, who were responsible for the committed

atrocities and crimes, or join, they will be sent back to the

countries where their despicable acts were made, that there were tried and

punished under the laws of these liberated countries and of free Governments,

that will be created;



and because of this Declaration was made that not detrimental cases

the major criminals, whose crimes could not be easily particularly geographically

and who will be punished by joint decision of the Allied governments;



concluded, therefore, now the Government of the United Kingdom of Great Britain and

Northern Ireland, the Government of the United States, the provisional Government

The French Republic and the Government of the Union of Soviet Socialist Republics

(in another called "Signatories") acting in the interest of all United

Nations, its duly authorised representative of this agreement.



Article 1.



After some conversation with the control Council for Germany will be established by the international

military court for criminal proceedings with the war criminals, whose

the offences cannot be separately geographically easily no matter where they are

accused individually or as members of groups or organisací or

both properties.



Article 2.



Composition, powers and tasks of the international military court of Justice will be

specified in the Statute annexed to this agreement, the Statute of the

an essential part of this agreement.



Article 3.



Each of the signatories shall take the necessary measures to ensure that the allegations and investigation

court proceedings were made available by the main war criminals

detention, who are to be tried by the international military

the Court of Justice. The signatories also do as much as possible, to allow for the investigation of

the charges against them and for their trial before the international military

the Court of justice were made available as well as those of the main war criminals,

who are not on the territory of any of the signatories.



Article 4.



This agreement will not in any way prejudice the provisions of the Moscow

claims about the return of war criminals to countries where they committed their

the crimes.



Article 5.



Each Government the United Nations may přistoupiti to this agreement by notifying the

made through the diplomatic channel to the Government of the United Kingdom, which shall notify

other signatories and acceding Governments of any such access.



Article 6.



This agreement will not in any way prejudice the authority or permission

any State or the occupation of the Court, which has already been set up or

will be set up on any Allied territory or in Germany to judging

war criminals.



Article 7.



This agreement shall enter into force on the date of signature and remain in force for

for one year, and then continue with the proviso that each signatory

can oznámiti one month in advance through diplomatic channels of its intention to it

rozvázati. Such termination will not prejudice any procedure that is

already initiated and any findings that already have been played under this

the agreement.



The evidence obtained by signing this agreement the undersigned.



Done at London on 8 June 1998. August 1945 in four copies, each of which

is drawn up in English, French and Russian, and each text will be the same

authentic.



The Government of the United Kingdom of Great Britain and Northern Ireland:



Jowitt.



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 Union of Soviet Socialist Republics:



I. Nikičenko.



A. Trainin.



The Statute of the



International military court of Justice.



(I).



The composition of the international military court of Justice.



Article 1.



According to the agreement signed on 8 June 1998. the Government of the United Kingdom in August 1945

Of Great Britain and Northern Ireland, the United States Government

of America. The provisional Government of the French Republic and the Government of the Union of

of Soviet Socialist Republics will be established, the international military

the Court of Justice (hereafter, called "the Court") to the fair and

rapid criminal proceedings with the major war criminals of the European axis, and

to their punishment.



Article 2.



The Court will be composed of four members, each of which will have a representative. Each

The signatory shall designate one Member and one alternate. Representatives will be,

If they will be able to present all the meetings of the Court.

If a member of the Court for illness or any other cause

Unable to perform his duties in his place, his Deputy.



Article 3.



The indictment, the defendants nor their defenders cannot odmítnouti the Court of Justice,

its members or their representatives. Any signatory may trade their

Member in the Court or his replacement for reasons of health or

other important reasons with the exception that the Exchange is not přípustna during the

the trial, except by a representative.



Article 4.



and the presence of all four) members of the Court, or by a representative of each

the absent member is to be used for quorum.



(b)) before the delineation of members of the Court shall agree between themselves on the

election of the President from among their number; This Chairman holds office after this

version, but that would have been otherwise had the votes of at least three members. It is in the

principle, agreed that the Presidency will be in the function of alternation, as version

they go behind. However, if the Court of Justice in the territory of one of the zasedati

the four Signatories, the předsedati representative of the Signatories in the judicial

the courtyard.



(c)), without prejudice to what has been said, the majority of the Court of Justice usnášeti

votes and in a tie will be that of the voice of the předsedův, but

that conviction and penalties shall be imposed only by an affirmative vote of at least three members

The Court of Justice.



Article 5.



If needed, and by the number of cases to be tried in may

be established by other courts; the establishment and tasks of each of the

the Court, as well as the procedure for him will be the same and they will říditi this

The Statute.



II.



Competence and general principles.



Article 6 of the



The Court, established by the agreement referred to in article 1 of the Statute for

the trial and punishment of the major war criminals of the European Axis, the

authorized to judge and potrestati persons who committed, acting in the interest of

the European Axis countries, whether as individuals or as members of the organisací,

any of the following crimes.



The following acts, or some of them are crimes falling under

jurisdiction of the Court, which will be the personal liability:



and Crimes against peace); that is, plotting, preparing, instigating or

taking the offensive of the war, or the war that violates international treaties,

agreement or guarantees or participation in a common plan or conspiracy to

implementation of anything from what stated above;



b) war crimes: that is a violation of laws of war or war

practice. Such an infringement in itself will include murder, bad management

or deportation of the civilian population of the occupied territory or to

slave labor or for any other purpose, the murder of prisoners of war

or persons on the seas, or bad management, the killing of hostages, plunder

public or private property, wanton destruction of towns and villages, or

devastation not justified by military necessity, but will not be limited to them;



c) crimes against humanity: namely, murder, extermination, enslavement,

deportation or other inhumane acts committed against any civilian

the population before the war, or the war or persecution of the causes

political, racial or religious when you perform any of the

crime falling under the jurisdiction of the Court, or in conjunction with

in such a crime, regardless of whether it has been violated local law

the country where the crimes were committed.



The leaders, instigators and spoluvinníci organisátoři, zúčastnivší when

plotting or carrying out of the common plan or conspiracy to perform

one of the said crimes are responsible for all actions of all

people in the implementation of such a plan.



Article 7.



The official position of the defendants as heads of State or responsible

officials in public authorities, shall not be considered fact

is the responsibility of the exculpatory or mitigating the punishment.



Article 8.



The fact that the defendant acted on the orders of his Government or of its

as it is presented, it relieves them of liability, but may be considered

mitigating for the assessment of the penalty, if the Court decides that the justice

It calls for.



Article 9.



During the trial of any individual Member of any group or

Organization of the Court may make a Mormon out (in connection with any


offence for which an individual may be convicted) that the group or

He was a member of organization of this individual was organisací

to be a criminal.



After the adoption of the indictment shall notify the Court of Justice in a way that recognizes that the appropriate

the prosecution intends to požádati the Court has made such a declaration;

each Member of the Organization will then be entitled to požádati the Court of Justice, to

provided a hearing on the question of whether the Organization was criminal in nature. The Court of

the Court will be entitled to request vyhověti or zamítnouti. If

request, the Court may be the way in which applicants will be

represented and heard.



Article 10.



If a group or organization of the Court of Justice declared criminal,

He will have the competent national authority of each of the signatory the right stíhati

individuals for membership before the national military or occupation

the courts. In any such case is seen as a criminal nature of the Group

or organization established and cannot be in doubt.



Article 11.



Anyone who has been convicted by the Court, may be accused before the national,

military or occupation by the Court, which is mentioned in article 10 of this

Of the Statute, from a different crime than from membership in a criminal group, or

work organization and such court may, after conviction, sentence him to an independent uložiti

the punishment that he has saved the Court for engaging in criminal activities

such a group or organization, and an additional penalty to such punishment.



Article 12.



The Court will have the right to set out to do proceedings against the person accused of

the crimes enumerated in article 6 of this Statute in her absence,

If not found, or if, for any reason, the Court finds

necessary in the interest of Justice to produce such a hearing in her absence.



Article 13.



The Court of Justice shall establish the rules according to which it will be in the management of postupovati.

These rules must not odporovati the provisions of this Statute.



III.



The choir for the investigation and prosecution of major war criminals.



Article 14.



Each signatory shall designate a Chief Prosecutor to investigated allegations

against the main war criminals and prosecuted them.



The main claimants will be činni as a body for the following tasks:



and dohodnouti a plan) for the specific activities of each of the major

prosecutors and his staff;



(b) the final determination of the main permanent Alliance) war criminals, that the Court of

Court judge;



(c)) schváliti and an indictment of the Charter, which have to be submitted;



(d) administer the prosecution and of the Charter) attached thereto the Court of Justice;



e) sestaviti and doporučiti to the Court for approval to build

rules for the management, which has regard to article 13 of the present Statute.

The Court will be competent to rule in this way recommended, with or

without them, ye or zamítnouti.



The choir will be acting in all things according to the resolution of most of the above

and the President will appoint, as may be appropriate, and in conformity with the principle of

alternating, with the fact that in determining some of the accused to be

judged by the Court or when determining the crimes from which is to be

accused will be adopted if the votes are divided, the proposal made by the

the party has proposed that the defendant was tried, or that the

the charges were brought against him.



Article 15.



The main applicants will be individually and bulwarks in synergy

also set out to do the following tasks:



and, the circumstances and zjišťovati) předkládati, or at the front of the makeup,

all necessary evidence;



(b) the indictment for the approval of připravovati) by the College in accordance with paragraph (c)) article

14 of this Statute;



(c) all necessary vyslýchati) witnesses and defendants;



(d)) as the plaintiff in vystupovati version;



e) ustanovovati representative to comply with the obligations that would have been

saved;



f) podniknouti such other acts, they may seem necessary to

version was prepared and carried out.



Is the consensus that no witness or defendant, the detainee one

A signatory, will not be taken out of power without the consent of the Signatories.



IV.



A fair trial for defendants.



Article 16.



In order to ensure that the defendants will be tried fairly, will be

proceed as follows:



and the prosecution will obsahovati all) specific data, specifying in

details of the charges against the defendants. A copy of the indictment and all documents

submitted with the indictment, translated in a language they understand, they will be

the accused delivered within a reasonable time before the makeover.



(b) each time the preliminary hearing) of the accused or in version with it

He will have the defendant the right to administer any observations relevant for the

the charges against him.



(c) the accused and the preliminary hearing) version with him will be carried out in

language or translated into a language that the accused understands.



(d) the defendant he will have the right) not before the Court of Justice itself or

have a help Defender.



(e) the defendant he will have the right to) předkládati in version, alone or with his

advocate, the evidence in support of his defence, and set out to do cross-examination

all witnesses led by the indictment.



In the.



The Court's permission and guidance version.



Article 17.



The Court will be entitled to



and witnesses to the obesílati version) and insist on their presence and testimony and

organize them questions;



(b) each defendant, vyslýchati;)



(c)) shall require that the submitted documents and other důkazný material;



(d)) my witnesses to the oath;



e) ustanoviti officials to carry out all the tasks assigned to them, the Court of

the Court determines the permissions, however the evidence's carried out on command.



Article 18.



The Court of Justice



and strictly limits the version) quick hearing on the issues raised in the

as a result of the charges,



(b)) to take strict measures in order to avoid any action that would

cause disproportionate holdout and to avoid negotiations and přednesy

any kind of non-material matters,



(c)) will be acting in aggregate with every dripping with disdain to the Court by storing the appropriate

criminal records, among them the exclusion of the accused or his defence counsel from all

further proceedings or some of his section, but without prejudice to the findings of the

raised by the allegations.



Article 19.



The Court is not bound by any formal rules of movement. Shall establish a

quick and informal rules for the management, will set out to do what is in the range

the largest and most will admit any evidence, which will be domnívati that has

the accompanying value.



Article 20.



The Court may shall require to be informed about the nature of any evidence

before will be offered, in order to decide about its severity.



Article 21.



The Court shall require proof of the facts is not generally known, but will be

call for the Court is known. It will also call for the Court known

official government documents and reports of the United Nations, and with the resolutions and

documents of the committees, the dosazených in the various allied countries for

investigations of war crimes and the reports and findings of the military or other

the courts of any of the United Nations.



Article 22.



The permanent seat of the Court of Justice will be in Berlin. The first meeting of the members of the Court of

the Court and the main plaintiffs will be in Berlin at the location specified by the control

Council for Germany. The first version will be in Norimberce and any subsequent

version will be at such places as the Court decides.



Article 23.



With each version may účastniti on the side of the indictment, one of the main

the Prosecutor or even more of the main applicants. Each Chief Prosecutor may

zastávati its function in person or by a person or persons.



The function of the lawyer of the defendant may, at the request of the accused zastávati

any advocate with qualifications in matters vystupovati

litigation before the courts of their own country, or any other person you

to do this, the Court separately.



Article 24.



Control when the version he will have this progress:



and the Indictment will be read) before the Court.



(b)), the Court would each of the accused, whether they claim to be

"guilty" or "not guilty".



(c) the prosecution will have the opening).



(d)), the Court for the prosecution and the defence would, what evidence-if

some-they wish to předložiti the Court of Justice and shall decide on the admissibility of the

of such evidence.



(e)) will be questioned witnesses the prosecution witnesses for the defence and then. Then

can either the prosecution or the Defense lead such evidence that output

The Court recognizes limiting.



(f)), the Court may at any time debit any question each witness and

each of the accused.



(g) the prosecution and defence may) demand for the questions to all the witnesses and defendants,

who tell us, and put is cross-examined.



h) Defense he will have speech to the Court.



I) he will have speech Indictment to the Court.



(j) the accused may make) any theatre for the Court of Justice.



to the Court hands down a verdict) and declare the punishment.



Article 25.



All official documents will be submitted, and all judicial proceedings conducted

English, French and Russian and in the language of the accused. Also into the language

the country in which the Court sits, may be translated from the Protocol and of the

control what the Court considers it desirable for Justice and for the

public opinion.



Vi.



Statement of guilt and punishment.



In article 26.



The Court's verdict on the guilt or innocence of each accused will

obsahovati the reasons on which it is based, will be final and will not be


subject to a review.



In article 27.



When sentencing, the Court will have the right to sentence the accused to uložiti

death or such other punishment, which according to its destination will be fair.



Article 28.



In addition to the penalty, which saves, the Court has the right to zbaviti convicted

all nakradeného assets and may make this asset has been handed in

Control Council for Germany.



Article 29.



When blame will be punishments carried out pursuant to orders of the Supervisory Board for the

Germany, which may at any time zmírniti or otherwise change the penalty, but

cannot have enhanced its severity. When the control Council for Germany, after

the conviction and punishment of any defendant, reveals new evidence

which in its opinion might založiti the new allegations against him,

shall report to the Council on the Control of the Corps, set up under article 14

This statute, to act as it deems appropriate to the interests of přihlížeje

Justice.



VII.



Expenses.



Article 30.



The expenses of the Court and the proceedings will be Signatories to the debit of funds účtovati

allowed for the upkeep of the control Council for Germany.



Advertising with the expectation that an agreement within the meaning of article 29(3) thereof. 7 became effective

on 8 July 2006. August 1945.



Mr. president of the Republic has granted on 13 November. September 1945 consent to access

The Czechoslovak Republic to this agreement. Access To The Czechoslovak

the Republic was notified by Ministry of Foreign Affairs of Great Britain

and for the Czechoslovak Republic gained the agreement of the international force on

September 26, 1945.



Agreement are bound by the following States:



Australia (5.10.1945), Belgium (5.10.1945), Czechoslovakia (26.9.1945),

Denmark (10.9.1945), Ethiopie (9.10.1945), France (8.8.1945), Haiti

(3.11.1945), Honduras (17.10.1945), India (22.12.1945), Yugoslavia

(29.9.1945), Luxembourg (1.11.1945), the Netherlands (25.9.1945), Norway

(20.10.1945), New Zealand (19.11.1945), Panama (17.10.1945), Paraguay

(14.11.1945), Poland (1.10.1945), Greece (10.9.1945), United Kingdom

Of Great Britain and Northern Ireland (8.8.1945), United States

(8.8.1945), Union of Soviet Socialist Republics (8.8.1945),

Uruguay (11.12.1945), Venezuela (17.11.1945).



Masaryk in r.

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