1. When any person in a Zone in Germany is alleged to have committed a
crime, as defined in Article II, in a country other than Germany or in
another Zone, the government of that nation or the Commander of the
latter Zone, as the case may be, may request the Commander of the Zone
in which the person is located for his arrest and delivery for trial to
the country or Zone in which the crime was committed. Such request for
delivery shall be granted by the Commander receiving it unless he
believes such person is wanted for trial or as a witness by an
International Military Tribunal, or in Germany, or in a nation other
than the one making the request, or the Commander is not satisfied that
delivery should be made, in any of which cases he shall have the right
to forward the said request to the Legal Directorate of the Allied
Control Authority. A similar procedure shall apply to witnesses,
material exhibits and other forms of evidence.
2. The Legal Directorate shall consider all requests referred to it, and
shall determine the same in accordance with the following principles,
its determination to be communicated to the Zone Commander.
(_a_) A person wanted for trial or as a witness by an International
Military Tribunal shall not be delivered for trial or required to give
evidence outside Germany, as the case may be, except upon approval of
the Committee of Chief Prosecutors acting under the London Agreement of
8 August 1945.
(_b_) A person wanted for trial by several authorities (other than an
International Military Tribunal) shall be disposed of in accordance with
the following priorities:
(1) If wanted for trial in the Zone in which he is, he should not be
delivered unless arrangements are made for his return after trial
elsewhere;
(2) If wanted for trial in a Zone other than that in which he is, he
should be delivered to that Zone in preference to delivery outside
Germany unless arrangements are made for his return to that Zone after
trial elsewhere;
(3) If wanted for trial outside Germany by two or more of the United
Nations, of one of which he is a citizen, that one should have priority;
(4) If wanted for trial outside Germany by several countries, not all of
which are United Nations, United Nations should have priority;
(5) If wanted for trial outside Germany by two or more of the United
Nations, then, subject to Article IV 2 (_b_) (3) above, that which has
the most serious charges against him, which are moreover supported by
evidence, should have priority.