II. JURISDICTION AND GENERAL PRINCIPLES

_Article 6._ The Tribunal established by the Agreement referred to in

Article 1 hereof for the trial and punishment of the major war criminals

of the European Axis countries shall have the power to try and punish

persons who, acting in the interests of the European Axis countries,

whether as individuals or as members of organizations, committed any of

the following crimes.

The following acts, or any of them, are crimes coming within the

jurisdiction of the Tribunal for which there shall be individual

responsibility:

(a) _CRIMES AGAINST PEACE_: namely, planning, preparation, initiation or

waging of a war of aggression, or a war in 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_: namely, violations of the laws or customs of war. Such

violations shall include, but not be limited to, murder, ill-treatment

or deportation to slave labor or for any other purpose of civilian

population of or in 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_: namely, murder, extermination, enslavement,

deportation, and other inhumane acts committed against any civilian

population, before or during the war,[11] or persecutions on

political, racial, or religious grounds in execution of or in

connection with any crime within the jurisdiction of the Tribunal,

whether or not in violation of domestic law of the country where

perpetrated.

Leaders, organizers, instigators, and accomplices participating in the

formulation or execution of a Common Plan or Conspiracy to commit any of

the foregoing crimes are responsible for all acts performed by any

persons in execution of such plan.

_Article 7._ The official position of defendants, whether as Heads of

State or responsible officials in Government departments, shall not be

considered as freeing them from responsibility or mitigating punishment.

_Article 8._ The fact that the defendant acted pursuant to order of his

Government or of a superior shall not free him from responsibility, but

may be considered in mitigation of punishment if the Tribunal determine

that justice so requires.

_Article 9._ At the trial of any individual member of any group or

organization the Tribunal may declare (in connection with any act of

which the individual may be convicted) that the group or organization of

which the individual was a member was a criminal organization.

After receipt of the Indictment the Tribunal shall give such notice as

it thinks fit that the Prosecution intends to ask the Tribunal to make

such declaration and any member of the organization will be entitled to

apply to the Tribunal for leave to be heard by the Tribunal upon the

question of the criminal character of the organization. The Tribunal

shall have power to allow or reject the application. If the application

is allowed, the Tribunal may direct in what manner the applicants shall

be represented and heard.

_Article 10._ In cases where a group or organization is declared

criminal by the Tribunal, the competent national authority of any

Signatory shall have the right to bring individuals to trial for

membership therein before national, military, or occupation courts. In

any such case the criminal nature of the group or organization is

considered proved and shall not be questioned.

_Article 11._ Any person convicted by the Tribunal may be charged before

a national, military, or occupation court, referred to in Article 10 of

this Charter, with a crime other than of membership in a criminal group

or organization and such court may, after convicting him, impose upon

him punishment independent of and additional to the punishment imposed

by the Tribunal for participation in the criminal activities of such

group or organization.

_Article 12._ The Tribunal shall have the right to take proceedings

against a person charged with crimes set out in Article 6 of this

Charter in his absence, if he has not been found or if the Tribunal, for

any reason, finds it necessary, in the interests of justice, to conduct

the hearing in his absence.

_Article 13._ The Tribunal shall draw up rules for its procedure. These

rules shall not be inconsistent with the provisions of this Charter.

III. COMMITTEE FOR THE INVESTIGATION

AND PROSECUTION OF MAJOR WAR CRIMINALS

_Article 14._ Each Signatory shall appoint a Chief Prosecutor for the

investigation of the charges against and the prosecution of major war

criminals.

The Chief Prosecutors shall act as a committee for the following

purposes:

(a) to agree upon a plan of the individual work of each of the Chief

Prosecutors and his staff,

(b) to settle the final designation of major war criminals to be tried by

the Tribunal,

(c) to approve the Indictment and the documents to be submitted therewith,

(d) to lodge the Indictment and the accompanying documents with the

Tribunal,

(e) to draw up and recommend to the Tribunal for its approval draft rules

of procedure, contemplated by Article 13 of this Charter. The Tribunal

shall have power to accept, with or without amendments, or to reject,

the rules so recommended.

The Committee shall act in all the above matters by a majority vote and

shall appoint a Chairman as may be convenient and in accordance with the

principle of rotation: provided that if there is an equal division of

vote concerning the designation of a defendant to be tried by the

Tribunal, or the crimes with which he shall be charged, that proposal

will be adopted which was made by the party which proposed that the

particular defendant be tried, or the particular charges be preferred

against him.

_Article 15._ The Chief Prosecutors shall individually, and acting in

collaboration with one another, also undertake the following duties:

(a) investigation, collection, and production before or at the Trial of

all necessary evidence,

(b) the preparation of the Indictment for approval by the Committee in

accordance with paragraph (c) of Article 14 hereof,

(c) the preliminary examination of all necessary witnesses and of the

defendants,

(d) to act as prosecutor at the Trial,

(e) to appoint representatives to carry out such duties as may be assigned

to them,

(f) to undertake such other matters as may appear necessary to them for

the purposes of the preparation for and conduct of the Trial.

It is understood that no witness or defendant detained by any Signatory

shall be taken out of the possession of that Signatory without its

assent.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 23 / 199 题