(_a_) Pursuant to the powers of the Military Governor for the United
States Zone of Occupation within Germany and further pursuant to the
powers conferred upon the Zone Commander by Control Council Law No. 10
and Articles 10 and 11 of the Charter of the International Military
Tribunal annexed to the London Agreement of 8 August 1945 certain
tribunals to be known as “Military Tribunals” shall be established
hereunder.
(_b_) Each such tribunal shall consist of three or more members to be
designated by the Military Governor. One alternate member may be
designated to any tribunal if deemed advisable by the Military Governor.
Except as provided in subsection (_c_) of this Article, all members and
alternates shall be lawyers who have been admitted to practice, for at
least five years, in the highest courts of one of the United States or
its territories or of the District of Columbia, or who have been
admitted to practice in the United States Supreme Court.
(_c_) The Military Governor may in his discretion enter into an
agreement with one or more other zone commanders of the member nations
of the Allied Control Authority providing for the joint trial of any
case or cases. In such cases the tribunals shall consist of three or
more members as may be provided in the agreement. In such cases the
tribunals may include properly qualified lawyers designated by the other
member nations.
(_d_) The Military Governor shall designate one of the members of the
tribunal to serve as the presiding judge.
(_e_) Neither the tribunals nor the members of the tribunals or the
alternates may be challenged by the prosecution or by the defendants or
their counsel.
(_f_) In case of illness of any member of a tribunal or his incapacity
for some other reason, the alternate, if one has been designated, shall
take his place as a member in the pending trial. Members may be replaced
for reasons of health or for other good reasons, except that no
replacement of a member may take place, during a trial, other than by
the alternate. If no alternate has been designated, the trial shall be
continued to conclusion by the remaining members.
(_g_) The presence of three members of the tribunal or of two members
when authorized pursuant to subsection (_f_) _supra_ shall be necessary
to constitute a quorum. In the case of tribunals designated under (_c_)
above the agreement shall determine the requirements for a quorum.
(_h_) Decisions and judgments, including convictions and sentences,
shall be by majority vote of the members. If the votes of the members
are equally divided, the presiding member shall declare a mistrial.