Present: All of the Members of the Tribunal and their Alternates.
The International Military Tribunal held its first public session in
Berlin, as required by Article 22 of the Charter, in the Grand
Conference Room of the Allied Control Authority Building at 10:30 a.m.
The President, General Nikitchenko, said:
“In pursuance of the Agreement by the Government of the Union of Soviet
Socialist Republics, the Provisional Government of the French Republic,
the Government of the United States of America, and the Government of
the United Kingdom of Great Britain and Northern Ireland for the
prosecution and punishment of the major war criminals of the European
Axis dated at London, 8 August 1945, and of Article 22 of the Charter
annexed thereto constituting this International Military Tribunal, this
meeting is held at Berlin for the reception of the Indictment under the
Agreement and Charter.”
This statement was translated orally in French, English, and German.
The Members of the Tribunal and their Alternates then made the following
declaration, each in his own language:
“I solemnly declare that I will exercise all my powers and
duties as a Member of the International Military Tribunal
honorably, impartially, and conscientiously.”
The President then declared the session opened.
The Chief British Prosecutor, Mr. Shawcross, introduced in succession
the Soviet Chief Prosecutor, General Rudenko; the French Deputy Chief
Prosecutor, M. Dubost; and a representative of the American Prosecutor,
Mr. Shea. Each on being introduced made a brief statement, which was
translated orally into the other languages, and lodged a copy of the
Indictment, in his own language, with the President of the Tribunal.
The President said:
“An Indictment has now been lodged with the Tribunal by the Committee of
the Chief Prosecutors setting out the charges made against the following
defendants:
Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop,
Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred
Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter
Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl
Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred
Jodl, Martin Bormann, Franz von Papen, Arthur Seyss-Inquart,
Albert Speer, Constantin von Neurath, and Hans Fritzsche.
“Copies of the Charter and of the Indictment and of its accompanying
documents will be served upon the defendants in the German language
immediately.
“Notices will also be served upon them in writing drawing their
attention to Articles 16 and 23 of the Charter which provide that they
may either conduct their own defense or be defended by any counsel
professionally qualified to conduct cases before the courts of his own
country or by any other person who may be specially authorized thereto
by the Tribunal; and a special clerk of the Tribunal has been appointed
to advise the defendants of their right and to take instructions from
them personally as to their choice of counsel, and generally to see that
their rights of defense are made known to them.
“If any defendant who desires to be represented by counsel is unable to
secure the services of counsel the Tribunal will appoint counsel to
defend him.
“The Tribunal has formulated Rules of Procedure, shortly to be
published, relating to the production of witnesses and documents in
order to see that the defendants have a fair trial with full opportunity
to present their defense.
“The individual defendants in custody will be notified that they must be
ready for Trial within 30 days after the service of the Indictment upon
them. Promptly thereafter the Tribunal shall fix and announce the date
of the Trial in Nuremberg to take place not less than 30 days after the
service of the Indictment and the defendants shall be advised of such
date as soon as it is fixed.
“It must be understood that the Tribunal which is directed by the
Charter to secure an expeditious hearing of the issues raised by the
charges will not permit any delay either in the preparation of the
defense or of the Trial.
“Lord Justice Lawrence will preside at the Trial at Nuremberg.
“Notice will also be given under Article 9 of the Charter that the
Prosecution intends to ask the Tribunal to declare that the following
organizations or groups of which the defendants or some of them were
members are criminal organizations, and any member of any such group or
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
such group or organization. These organizations referred to are the
following:
Die Reichsregierung (Reich Cabinet); Das Korps der Politischen
Leiter der Nationalsozialistischen Deutschen Arbeiterpartei
(Leadership Corps of the Nazi Party); Die Schutzstaffeln der
Nationalsozialistischen Deutschen Arbeiterpartei (commonly known
as the “SS”) and including Der Sicherheitsdienst (commonly known
as the “SD”); Die Geheime Staatspolizei (Secret State Police,
commonly known as the “Gestapo”); Die Sturmabteilungen der NSDAP
(commonly known as the “SA”); and the General Staff and High
Command of the German Armed Forces.
“The Indictment having been duly lodged by the Prosecutors in conformity
with the provisions of the Charter, it becomes the duty of the Tribunal
to give the necessary directions for the publication of the text.
“The Tribunal would like to order its immediate publication but this is
not possible inasmuch as the Indictment must be published simultaneously
in Moscow, London, Washington, and Paris.
“This result may be achieved, as the Tribunal is informed, by permitting
publication in the press of the Indictment not earlier than 8 p.m.,
G.M.T., i. e. 2000 hours today, Thursday, October 18th.”
This statement was translated orally in French, English, and German.
The meeting adjourned at 11:25 a.m.
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[12] General Nikitchenko was selected as President for the session at
Berlin, and Lord Justice Lawrence was elected President of the Tribunal
for the Trial in Nuremberg, in accordance with Article 4 (b) of the
Charter.