=Article 1.= In pursuance of the Agreement signed on the 8th day of
August 1945 by 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, there shall be established
an International Military Tribunal (hereinafter called “the Tribunal”)
for the just and prompt trial and punishment of the major war criminals
of the European Axis.
=Article 2.= The Tribunal shall consist of four members, each with an
alternate. One member and one alternate shall be appointed by each of
the Signatories. The alternates shall, so far as they are able, be
present at all sessions of the Tribunal. In case of illness of any
member of the Tribunal or his incapacity for some other reason to
fulfill his functions, his alternate shall take his place.
=Article 3.= Neither the Tribunal, its members nor their alternates can
be challenged by the prosecution, or by the Defendants or their Counsel.
Each Signatory may replace its member of the Tribunal or his alternate
for reasons of health or for other good reasons, except that no
replacement may take place during a Trial, other than by an alternate.
=Article 4.=
(_a_) The presence of all four members of the Tribunal or the alternate
for any absent member shall be necessary to constitute the quorum.
(_b_) The members of the Tribunal shall, before any trial begins, agree
among themselves upon the selection from their number of a President,
and the President shall hold office during that trial, or as may
otherwise be agreed by a vote of not less than three members. The
principle of rotation of presidency for successive trials is agreed. If,
however, a session of the Tribunal takes place on the territory of one
of the four Signatories, the representative of that Signatory on the
Tribunal shall preside.
(_c_) Save as aforesaid the Tribunal shall take decisions by a majority
vote and in case the votes are evenly divided, the vote of the President
shall be decisive: provided always that convictions and sentences shall
only be imposed by affirmative votes of at least three members of the
Tribunal.
=Article 5.= In case of need and depending on the number of the matters
to be tried, other Tribunals may be set up; and the establishment,
functions, and procedure of each Tribunal shall be identical, and shall
be governed by this Charter.