INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS
— against —
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, Individually and as Members of Any of the Following Groups or Organizations to which They Respectively Belonged, Namely: 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, all as defined in Appendix B of the Indictment,
Defendants.
Recognizing the importance of establishing for history an authentic text of the Trial of major German war criminals, the International Military Tribunal directed the publication of the Record of the Trial. The proceedings are published in English, French, Russian, and German, the four languages used throughout the hearings. The documents admitted in evidence are printed only in their original language.
The first volume contains basic, official, pre-trial documents together with the Tribunal’s judgment and sentence of the defendants. In subsequent volumes the Trial proceedings are published in full from the preliminary session of 14 November 1945 to the closing session of 1 October 1946. They are followed by an index volume. Documents admitted in evidence conclude the publication.
The proceedings of the International Military Tribunal were recorded in full by stenographic notes, and an electric sound recording of all oral proceedings was maintained.
Reviewing sections have verified in the four languages citations, statistics, and other data, and have eliminated obvious grammatical errors and verbal irrelevancies. Finally, corrected texts have been certified for publication by Colonel Ray for the United States, Mr. Mercer for the United Kingdom, Mr. Fuster for France, and Major Poltorak for the Union of Soviet Socialist Republics.
| LORD JUSTICE LAWRENCE, Member for the United Kingdom of Great Britain and Northern Ireland, President |
| MR. JUSTICE BIRKETT, Alternate Member |
| MR. FRANCIS BIDDLE, Member for the United States of America |
| JUDGE JOHN J. PARKER, Alternate Member |
| M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French Republic |
| M. LE CONSEILLER R. FALCO, Alternate Member |
| MAJOR GENERAL I. T. NIKITCHENKO, Member for the Union of Soviet Socialist Republics |
| LIEUTENANT COLONEL A. F. VOLCHKOV, Alternate Member |
| BRIGADIER GENERAL | ||
| WM. L. MITCHELL | General Secretary (from 6 November 1945 to 24 June 1946) | |
| COLONEL JOHN E. RAY | General Secretary (from 24 June 1946) | |
| MR. HAROLD B. WILLEY | General Secretary (to 6 November 1945) | |
| American Secretary (to 11 July 1946) | ||
| MR. WALTER GILKYSON | American Secretary (from 16 July 1946) | |
| MR. IAN D. McILWRAITH | British Secretary | |
| MAJOR A. POLTORAK | Soviet Secretary | |
| MR. A. MARTIN-HAVARD | French Secretary | |
| COLONEL CHARLES W. MAYS | Marshal (to 26 June 1946) | |
| LIEUTENANT COLONEL JAMES | ||
| R. GIFFORD | Marshal (from 26 June 1946) | |
| COLONEL LEON DOSTERT | Chief of Interpreters | |
| (From the Office of | (to 17 April 1946) | |
| U.S. Chief of Counsel) | ||
| COMMANDER ALFRED STEER, | ||
| U.S.N.R. | Chief of Interpreters | |
| (From the Office of | (from 18 April 1946) | |
| U.S. Chief of Counsel) | ||
| MAJOR JACK L. BAILEY | Administrative Section | |
| CAPTAIN D. P. SULLIVAN | Witness Notification and Procurement | |
| LIEUTENANT COLONEL | ||
| A. M. S. NEAVE, B.A.O.R. | Applications and Motions Section | |
| LIEUTENANT COMMANDER | ||
| ALBERT E. SCHRADER, U.S.N.R. | Defendants’ Information Center | |
| MR. BERNARD REYMON | Custodian of Documents and Records | |
| LIEUTENANT COLONEL | ||
| LAWRENCE D. EGBERT | Editor of the Record | |
| CAPTAIN SIGMUND ROTH | Director of Printing | |
United States of America
| CHIEF OF COUNSEL: | |
| Mr. Justice Robert H. Jackson | |
| EXECUTIVE TRIAL COUNSEL: | |
| Colonel Robert G. Storey | |
| Mr. Thomas J. Dodd | |
| ASSOCIATE TRIAL COUNSEL: | |
| Mr. Sidney S. Alderman | |
| Brigadier General Telford Taylor | |
| Colonel John Harlan Amen | |
| Mr. Ralph G. Albrecht | |
| ASSISTANT TRIAL COUNSEL: | |
| Colonel Leonard Wheeler, Jr. | |
| Lieutenant Colonel William H. Baldwin | |
| Lieutenant Colonel Smith W. Brockhart, Jr. | |
| Commander James Britt Donovan, U.S.N.R. | |
| Major Frank B. Wallis | |
| Major William F. Walsh | |
| Major Warren F. Farr | |
| Captain Samuel Harris | |
| Captain Drexel A. Sprecher | |
| Lieutenant Commander Whitney R. Harris, U.S.N.R. | |
| Lieutenant Thomas F. Lambert, Jr., U.S.N.R. | |
| Lieutenant Henry K. Atherton | |
| Lieutenant Brady O. Bryson, U.S.N.R. | |
| Lieutenant (j. g.) Bernard D. Meltzer, U.S.N.R. | |
| Dr. Robert M. Kempner | |
| Mr. Walter W. Brudno | |
United Kingdom of Great Britain and
Northern Ireland
| CHIEF PROSECUTOR: | |
| H. M. Attorney-General, Sir Hartley Shawcross, K.C., M.P. | |
| DEPUTY CHIEF PROSECUTOR: | |
| The Rt. Hon. Sir David Maxwell-Fyfe, P.C., K.C., M.P. | |
| LEADING COUNSEL: | |
| Mr. G. D. Roberts, K.C., O.B.E. | |
| JUNIOR COUNSEL: | |
| Lieutenant Colonel J. M. G. Griffith-Jones, M.C., Barrister-at-Law | |
| Colonel H. J. Phillimore, O.B.E., Barrister-at-Law | |
| Major F. Elwyn Jones, M.P., Barrister-at-Law | |
| Major J. Harcourt Barrington, Barrister-at-Law | |
Union of Soviet Socialist Republics
| CHIEF PROSECUTOR: | |
| General R. A. Rudenko | |
| DEPUTY CHIEF PROSECUTOR: | |
| Colonel Y. V. Pokrovsky | |
| ASSISTANT PROSECUTORS: | |
| State Counsellor of Justice of the 2nd Class, L. R. Shenin | |
| State Counsellor of Justice of the 2nd Class, M. Y. Raginsky | |
| State Counsellor of Justice of the 3rd Class, N. D. Zorya | |
| Chief Counsellor of Justice, L. N. Smirnov | |
| Colonel D. S. Karev | |
| Lieutenant Colonel J. A. Ozol | |
| Captain V. V. Kuchin | |
French Republic
| CHIEF PROSECUTOR: | |
| M. François de Menthon | |
| M. Auguste Champetier de Ribes | |
| DEPUTY CHIEF PROSECUTORS: | |
| M. Charles Dubost | |
| M. Edgar Faure | |
| ASSISTANT PROSECUTORS (Chiefs of Sections): | |
| M. Pierre Mounier | |
| M. Charles Gerthoffer | |
| M. Delphin Debenest | |
| ASSISTANT PROSECUTORS: | |
| M. Jacques B. Herzog | |
| M. Henry Delpech | |
| M. Serge Fuster | |
| M. Constant Quatre | |
| M. Henri Monneray | |
1 Only those members of the Prosecution Counsel who spoke before the Tribunal are listed.
| INDIVIDUAL DEFENDANTS: | COUNSEL: | ||
| GÖRING, HERMANN | Dr. Otto Stahmer | ||
| WILHELM | |||
| HESS, RUDOLF | Dr. Günther von Rohrscheidt (to 5 February 1946) | ||
| Dr. Alfred Seidl (from 5 February 1946) | |||
| VON RIBBENTROP, JOACHIM | Dr. Fritz Sauter (to 5 January 1946) | ||
| Dr. Martin Horn (from 5 January 1946) | |||
| LEY, ROBERT2 | |||
| KEITEL, WILHELM | Dr. Otto Nelte | ||
| KALTENBRUNNER, ERNST | Dr. Kurt Kauffmann | ||
| ROSENBERG, ALFRED | Dr. Alfred Thoma | ||
| FRANK, HANS | Dr. Alfred Seidl | ||
| FRICK, WILHELM | Dr. Otto Pannenbecker | ||
| STREICHER, JULIUS | Dr. Hanns Marx | ||
| FUNK, WALTER | Dr. Fritz Sauter | ||
| SCHACHT, HJALMAR | Dr. Rudolf Dix | ||
| Professor Dr. Herbert Kraus, Associate5 | |||
| DÖNITZ, KARL | Flottenrichter Otto Kranzbuehler | ||
| RAEDER, ERICH | Dr. Walter Siemers | ||
| VON SCHIRACH, BALDUR | Dr. Fritz Sauter | ||
| SAUCKEL, FRITZ | Dr. Robert Servatius | ||
| JODL, ALFRED | Professor Dr. Franz Exner | ||
| Professor Dr. Hermann Jahreiss, Associate6 | |||
| BORMANN, MARTIN3 | Dr. Friedrich Bergold | ||
| VON PAPEN, FRANZ | Dr. Egon Kubuschok | ||
| SEYSS-INQUART, ARTHUR | Dr. Gustav Steinbauer | ||
| SPEER, ALBERT | Dr. Hans Flächsner | ||
| VON NEURATH, CONSTANTIN | Dr. Otto Freiherr von Lüdinghausen | ||
| FRITZSCHE, HANS | Dr. Heinz Fritz | ||
| Dr. Alfred Schilf, Associate7 | |||
| KRUPP VON BOHLEN UND | Dr. Theodor Klefisch | ||
| HALBACH, GUSTAV4 | (to 15 November 1945) | ||
| Dr. Walter Ballas, Associate8 (to 15 November 1945) | |||
2 All individual defendants named in the Indictment appeared before the Tribunal except: Robert Ley, who committed suicide 25 October 1945; Gustav Krupp von Bohlen und Halbach, owing to serious illness; and Martin Bormann, who was not in custody and whom the Tribunal decided to try in absentia.
3 See footnote 2.
4 See footnote 2.
5 Only Associates who spoke before the Tribunal are listed.
6 See footnote 5.
7 See footnote 5.
8 See footnote 5.
| GROUPS AND ORGANIZATIONS: | COUNSEL: | ||
| REICH CABINET | Dr. Egon Kubuschok | ||
| LEADERSHIP CORPS OF | |||
| NAZI PARTY | Dr. Robert Servatius | ||
| SS and SD | Ludwig Babel, Counsel for SS and SD (to 18 March 1946), Counsel for SS (to 1 June 1946), | ||
| Co-counsel for SS (to 27 August 1946) | |||
| Horst Pelckmann, Co-counsel for SS (from 2 March 1946), | |||
| Counsel for SS (from 1 June 1946) | |||
| Dr. Carl Haensel, Associate9 to Dr. H. Pelckmann (from 1 April 1946) | |||
| Dr. Hans Gawlik, Counsel for SD (from 18 March 1946) | |||
| SA | Georg Boehm | ||
| Dr. Martin Loeffler | |||
| GESTAPO | Dr. Rudolf Merkel | ||
| GENERAL STAFF and | Professor Dr. Franz Exner | ||
| HIGH COMMAND of the | (to 27 January 1946) | ||
| GERMAN ARMED FORCES | Dr. Hans Laternser (from 27 January 1946) | ||
9 Only Associates who spoke before the Tribunal are listed.
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.
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.
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.
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.
Article 16. In order to ensure fair trial for the defendants, the following procedure shall be followed:
| (a) | The Indictment shall include full particulars specifying in detail the charges against the defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the defendant at a reasonable time before the Trial. |
| (b) | During any preliminary examination or trial of a defendant he shall have the right to give any explanation relevant to the charges made against him. |
| (c) | A preliminary examination of a defendant and his trial shall be conducted in, or translated into, a language which the defendant understands. |
| (d) | A defendant shall have the right to conduct his own defense before the Tribunal or to have the assistance of counsel. |
| (e) | A defendant shall have the right through himself or through his counsel to present evidence at the Trial in support of his defense, and to cross-examine any witness called by the Prosecution. |
Article 17. The Tribunal shall have the power:
| (a) | to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them, |
| (b) | to interrogate any defendant, |
| (c) | to require the production of documents and other evidentiary material, |
| (d) | to administer oaths to witnesses, |
| (e) | to appoint officers for the carrying out of any task designated by the Tribunal including the power to have evidence taken on commission. |
Article 18. The Tribunal shall:
| (a) | confine the Trial strictly to an expeditious hearing of the issues raised by the charges, |
| (b) | take strict measures to prevent any action which will cause unreasonable delay, and rule out irrelevant issues and statements of any kind whatsoever, |
| (c) | deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any defendant or his counsel from some or all further proceedings, but without prejudice to the determination of the charges. |
Article 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have probative value.
Article 20. The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.
Article 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other Tribunals of any of the United Nations.
Article 22. The permanent seat of the Tribunal shall be in Berlin. The first meetings of the members of the Tribunal and of the Chief Prosecutors shall be held at Berlin in a place to be designated by the Control Council for Germany. The first trial shall be held at Nuremberg, and any subsequent trials shall be held at such places as the Tribunal may decide.
Article 23. One or more of the Chief Prosecutors may take part in the prosecution at each trial. The function of any Chief Prosecutor may be discharged by him personally, or by any person or persons authorized by him.
The function of counsel for a defendant may be discharged at the defendant’s request 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.
Article 24. The proceedings at the Trial shall take the following course:
| (a) | The Indictment shall be read in court. |
| (b) | The Tribunal shall ask each defendant whether he pleads “guilty” or “not guilty”. |
| (c) | The Prosecution shall make an opening statement. |
| (d) | The Tribunal shall ask the Prosecution and the Defense what evidence (if any) they wish to submit to the Tribunal, and the Tribunal shall rule upon the admissibility of any such evidence. |
| (e) | The witnesses for the Prosecution shall be examined and after that the witnesses for the Defense. Thereafter such rebutting evidence as may be held by the Tribunal to be admissible shall be called by either the Prosecution or the Defense. |
| (f) | The Tribunal may put any question to any witness and to any defendant, at any time. |
| (g) | The Prosecution and the Defense shall interrogate and may cross-examine any witnesses and any defendant who gives testimony. |
| (h) | The Defense shall address the Court. |
| (i) | The Prosecution shall address the Court. |
| (j) | Each Defendant may make a statement to the Tribunal. |
| (k) | The Tribunal shall deliver judgment and pronounce sentence. |
Article 25. All official documents shall be produced, and all court proceedings conducted, in English, French, and Russian, and in the language of the defendant. So much of the record and of the proceedings may also be translated into the language of any country in which the Tribunal is sitting, as the Tribunal considers desirable in the interests of justice and public opinion.
Article 26. The judgment of the Tribunal as to the guilt or the innocence of any defendant shall give the reasons on which it is based, and shall be final and not subject to review.
Article 27. The Tribunal shall have the right to impose upon a defendant on conviction, death or such other punishment as shall be determined by it to be just.
Article 28. In addition to any punishment imposed by it, the Tribunal shall have the right to deprive the convicted person of any stolen property and order its delivery to the Control Council for Germany.
Article 29. In case of guilt, sentences shall be carried out in accordance with the orders of the Control Council for Germany, which may at any time reduce or otherwise alter the sentences, but may not increase the severity thereof. If the Control Council for Germany, after any defendant has been convicted and sentenced, discovers fresh evidence which, in its opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 14 hereof, for such action as they may consider proper, having regard to the interests of justice.
Article 30. The expenses of the Tribunal and of the trials, shall be charged by the Signatories against the funds allotted for maintenance of the Control Council for Germany.
11 Comma substituted in place of semicolon by Protocol of 6 October 1945.
Whereas an Agreement and Charter regarding the Prosecution of War Criminals was signed in London on the 8th August 1945, in the English, French, and Russian languages;
And whereas a discrepancy has been found to exist between the originals of Article 6, paragraph (c), of the Charter in the Russian language, on the one hand, and the originals in the English and French languages, on the other, to wit, the semicolon in Article 6, paragraph (c), of the Charter between the words “war” and “or”, as carried in the English and French texts, is a comma in the Russian text;
And whereas it is desired to rectify this discrepancy:
NOW, THEREFORE, the undersigned, signatories of the said Agreement on behalf of their respective Governments, duly authorized thereto, have agreed that Article 6, paragraph (c), of the Charter in the Russian text is correct, and that the meaning and intention of the Agreement and Charter require that the said semicolon in the English text should be changed to a comma, and that the French text should be amended to read as follows:
| (c) | LES CRIMES CONTRE L’HUMANITE: c’est-à-dire l’assassinat, l’extermination, la réduction en esclavage, la déportation, et tout autre acte inhumain commis contre toutes populations civiles, avant ou pendant la guerre, ou bien les persécutions pour des motifs politiques, raciaux, ou religieux, lorsque ces actes ou persécutions, qu’ils aient constitué ou non une violation du droit interne du pays où ils ont été perpétrés, ont été commis à la suite de tout crime rentrant dans la compétence du Tribunal, ou en liaison avec ce crime. |
IN WITNESS WHEREOF the Undersigned have signed the present Protocol.
DONE in quadruplicate in Berlin this 6th day of October, 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/ | FRANÇOIS de MENTHON |
For the Government of the United Kingdom of Great Britain and Northern Ireland
| /s/ | HARTLEY SHAWCROSS |
For the Government of the Union of Soviet Socialist Republics
| /s/ | R. RUDENKO |
Rule 1. Authority to Promulgate Rules.
The present Rules of Procedure of the International Military Tribunal for the trial of the major war criminals (hereinafter called “the Tribunal”) as established by the Charter of the Tribunal dated 8 August 1945 (hereinafter called “the Charter”) are hereby promulgated by the Tribunal in accordance with the provisions of Article 13 of the Charter.
Rule 2. Notice to Defendants and Right to Assistance of Counsel.
(a) Each individual defendant in custody shall receive not less than 30 days before trial a copy, translated into a language which he understands, (1) of the Indictment, (2) of the Charter, (3) of any other documents lodged with the Indictment, and (4) of a statement of his right to the assistance of counsel as set forth in sub-paragraph (d) of this Rule, together with a list of counsel. He shall also receive copies of such rules of procedure as may be adopted by the Tribunal from time to time.
(b) Any individual defendant not in custody shall be informed of the indictment against him and of his right to receive the documents specified in sub-paragraph (a) above, by notice in such form and manner as the Tribunal may prescribe.
(c) With respect to any group or organization as to which the Prosecution indicates its intention to request a finding of criminality by the Tribunal, notice shall be given by publication in such form and manner as the Tribunal may prescribe and such publication shall include a declaration by the Tribunal that all members of the named groups or organizations are entitled to apply to the Tribunal for leave to be heard in accordance with the provisions of Article 9 of the Charter. Nothing herein contained shall be construed to confer immunity of any kind upon such members of said groups or organizations as may appear in answer to the said declaration.
(d) Each defendant has the right to conduct his own defense or to have the assistance of counsel. Application for particular counsel shall be filed at once with the General Secretary of the Tribunal at the Palace of Justice, Nuremberg, Germany. The Tribunal will designate counsel for any defendant who fails to apply for particular counsel or, where particular counsel requested is not within ten (10) days to be found or available, unless the defendant elects in writing to conduct his own defense. If a defendant has requested particular counsel who is not immediately to be found or available, such counsel or a counsel of substitute choice may, if found and available before trial, be associated with or substituted for counsel designated by the Tribunal, provided that (1) only one counsel shall be permitted to appear at the trial for any defendant, unless by special permission of the Tribunal, and (2) no delay of trial will be allowed for making such substitution or association.
Rule 3. Service of Additional Documents.
If, before the trial, the Chief Prosecutors offer amendments or additions to the Indictment, such amendments or additions, including any accompanying documents shall be lodged with the Tribunal and copies of the same, translated into a language which they each understand, shall be furnished to the defendants in custody as soon as practicable and notice given in accordance with Rule 2 (b) to those not in custody.
Rule 4. Production of Evidence for the Defense.
(a) The Defense may apply to the Tribunal for the production of witnesses or of documents by written application to the General Secretary of the Tribunal. The application shall state where the witness or document is thought to be located, together with a statement of their last known location. It shall also state the facts proposed to be proved by the witness or the document and the reasons why such facts are relevant to the Defense.