(_a_) _Crimes against Peace._ Initiation of invasions of other countries
and wars of aggression in violation of international laws and treaties,
including but not limited to planning, preparation, initiation or waging
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.
(_b_) _War Crimes._ Atrocities or offences against persons or property
constituting violations of the laws or customs of war, including but not
limited to, murder, ill treatment or deportation to slave labour or for
any other purpose, of civilian population from occupied territory,
murder or ill treatment of prisoners of war or persons on the seas,
killing of hostages, plunder of public or private property, wanton
destruction of cities, towns or villages, or devastation not justified
by military necessity.
(_c_) _Crimes against Humanity._ Atrocities and offences, including but
not limited to murder, extermination, enslavement, deportation,
imprisonment, torture, rape, or other inhumane acts committed against
any civilian population, or persecutions on political, racial or
religious grounds whether or not in violation of the domestic laws of
the country where perpetrated.
(_d_) Membership in categories of a criminal group or organization
declared criminal by the International Military Tribunal.
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, co-belligerents or satellites or held high position
in the financial, industrial or economic life of any such country.
3. Any person found guilty of any of the Crimes above mentioned may upon
conviction be punished as shall be determined by the tribunal to be
just. Such punishment may consist of one or more of the following:
(_a_) Death.
(_b_) Imprisonment for life or a term of years, with or without hard
labour.
(_c_) Fine, and imprisonment with or without hard labour, in lieu,
thereof.
(_d_) Forfeiture of property.
(_e_) Restitution of property wrongfully acquired.
(_f_) Deprivation of some or all civil rights.
Any property declared to be forfeited or the restitution of which is
ordered by the Tribunal shall be delivered to the Control Council for
Germany, which shall decide on its disposal.
4. (_a_) The official position of any person, whether as Head of State
or as a responsible official in a Government Department, does not free
him from responsibility for a crime or entitle him to mitigation of
punishment.
(_b_) The fact that any person acted pursuant to the order of his
Government or of a superior does not free him from responsibility for a
crime, but may be considered in mitigation.
5. In any trial or prosecution for a crime herein referred to, the
accused shall not be entitled to the benefits of any statute of
limitation in respect of the period from 30 January 1933 to 1 July 1945,
nor shall any immunity, pardon or amnesty granted under the Nazi regime
be admitted as a bar to trial or punishment.