_Agreement 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 for the Prosecution and Punishment of the Major War
Criminals of the European Axis._
WHEREAS the United Nations have from time to time made declarations of
their intention that war criminals shall be brought to justice;
AND WHEREAS the Moscow Declaration of 30 October 1943 on German
atrocities in Occupied Europe stated that those German officers and men
and members of the Nazi Party who have been responsible for or have
taken a consenting part in atrocities and crimes will be sent back to
the countries in which their abominable deeds were done in order that
they may be judged and punished according to the laws of these liberated
countries and of the free Governments that will be created therein;
AND WHEREAS this Declaration was stated to be without prejudice to the
case of major criminals whose offenses have no particular geographic
location and who will be punished by the joint decision of the
Governments of the Allies;
NOW THEREFORE 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 (hereinafter called “the
Signatories”) acting in the interests of all the United Nations and by
their representatives duly authorized thereto have concluded this
Agreement.
_Article 1._ There shall be established after consultation with the
Control Council for Germany an International Military Tribunal for the
trial of war criminals whose offenses have no particular geographical
location whether they be accused individually or in their capacity as
members of organizations or groups or in both capacities.
_Article 2._ The constitution, jurisdiction, and functions of the
International Military Tribunal shall be those set out in the Charter
annexed to this Agreement, which Charter shall form an integral part of
this Agreement.
_Article 3._ Each of the Signatories shall take the necessary steps to
make available for the investigation of the charges and trial the major
war criminals detained by them who are to be tried by the International
Military Tribunal. The Signatories shall also use their best endeavors
to make available for investigation of the charges against and the trial
before the International Military Tribunal such of the major war
criminals as are not in the territories of any of the Signatories.
_Article 4._ Nothing in this Agreement shall prejudice the provisions
established by the Moscow Declaration concerning the return of war
criminals to the countries where they committed their crimes.
_Article 5._ Any Government of the United Nations may adhere to this
Agreement by notice given through the diplomatic channel to the
Government of the United Kingdom, who shall inform the other signatory
and adhering Governments of each such adherence.[10]
_Article 6._ Nothing in this Agreement shall prejudice the jurisdiction
or the powers of any national or occupation court established or to be
established in any Allied territory or in Germany for the trial of war
criminals.
_Article 7._ This Agreement shall come into force on the day of
signature and shall remain in force for the period of one year and shall
continue thereafter, subject to the right of any Signatory to give,
through the diplomatic channel, one month’s notice of intention to
terminate it. Such termination shall not prejudice any proceedings
already taken or any findings already made in pursuance of this
Agreement.
IN WITNESS WHEREOF the Undersigned have signed the present Agreement.
DONE in quadruplicate in London this 8th day of August 1945 each in
English, French, and Russian, and each text to have equal authenticity.
For the Government of the United States of America
/s/ ROBERT H. JACKSON
For the Provisional Government of the French Republic
/s/ ROBERT FALCO
For the Government of the United Kingdom of Great Britain and Northern
Ireland
/s/ JOWITT
For the Government of the Union of Soviet Socialist Republics
/s/ I. NIKITCHENKO
/s/ A. TRAININ
-----
[10] In accordance with Article 5, the following Governments of the
United Nations have expressed their adherence to the Agreement: Greece,
Denmark, Yugoslavia, the Netherlands, Czechoslovakia, Poland, Belgium,
Ethiopia, Australia, Honduras, Norway, Panama, Luxembourg, Haiti, New
Zealand, India, Venezuela, Uruguay, and Paraguay.
CHARTER OF THE INTERNATIONAL
MILITARY TRIBUNAL
I. CONSTITUTION OF THE
INTERNATIONAL MILITARY TRIBUNAL
_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.