Article II

Ordinance No. 7 is amended by adding thereto a new article following

Article V to be designated Article V-B, reading as follows:

“(_a_) A joint session of the Military Tribunals may be called by any of

the presiding judges thereof or upon motion, addressed to each of the

Tribunals, of the Chief of Counsel for War Crimes or of counsel for any

defendant whose interests are affected, to hear argument upon and to

review any interlocutory ruling by any of the Military Tribunals on a

fundamental or important legal question either substantive or

procedural, which ruling is in conflict with or is inconsistent with a

prior ruling of another of the Military Tribunals.

“(_b_) A joint session of the Military Tribunals may be called in the

same manner as provided in subsection (_a_) of this Article to hear

argument upon and to review conflicting or inconsistent final rulings

contained in the decisions or judgments of any of the Military Tribunals

on a fundamental or important legal question, either substantive or

procedural. Any motion with respect to such final ruling shall be filed

within ten (10) days following the issuance of decision or judgment.

“(_c_) Decisions by joint sessions of the Military Tribunals, unless

thereafter altered in another joint session, shall be binding upon all

the Military Tribunals. In the case of the review of final rulings by

joint sessions, the judgments reviewed may be confirmed or remanded for

action consistent with the joint decision.

“(_d_) The presence of a majority of the members of each Military

Tribunal then constituted is required to constitute a quorum.

“(_e_) The members of the Military Tribunals shall, before any joint

session begins, agree among themselves upon the selection from their

number of a member to preside over the joint session.

“(_f_) Decisions shall be by majority vote of the members. If the votes

of the members are equally divided, the vote of the member presiding

over the session shall be decisive.”

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 70 / 486 题