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TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNAL


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Title: Trial of the Major War Criminals Before the International Military Tribunal, Vol. I
       Nuremberg 14 November 1945-1 October 1946: Vol. I

Author: Various

Release Date: February 24, 2016 [EBook #51292]

Language: English

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TRIAL
OF
THE MAJOR WAR CRIMINALS

BEFORE

THE INTERNATIONAL
MILITARY TRIBUNAL

NUREMBERG
14 NOVEMBER 1945-1 OCTOBER 1946



PUBLISHED AT NUREMBERG, GERMANY
1947

This volume is published in accordance with the
direction of the International Military Tribunal by
the Secretariat of the Tribunal, under the jurisdiction
of the Allied Control Authority for Germany.

VOLUME I



OFFICIAL TEXT

IN THE

ENGLISH LANGUAGE





OFFICIAL DOCUMENTS

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.

PREFACE
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.


CONTENTS

Members and alternate members of the Tribunal1
Officials of the General Secretariat2
Prosecution Counsel3
Individual defendants and Defense Counsel6
Establishment of the Tribunal
London Agreement of 8 August 19458
Charter of the International Military Tribunal10
Protocol rectifying discrepancy in text of the Charter17
Rules of Procedure19
Minutes of the opening session of the Tribunal,
    at Berlin, 18 October 194524
Indictment
Text of Indictment27
Motion of the Prosecution for correcting discrepancies in the Indictment93
Pleas of individual defendants94
Letter of reservation by the United States Prosecutor in regard to wording of the Indictment95
Notice
Order of the Tribunal regarding notice to individual defendants96
Order of the Tribunal regarding notice to members of groups and organizations97
Order of the Tribunal regarding notice to Defendant Bormann102
Service
Certificates of compliance with orders of the Tribunal regarding notice to members of groups and organizations and to Defendant Bormann104
Certificates of service on individual defendants117
Certificate of service on Defendant Gustav Krupp von Bohlen and medical certificates attached thereto118
Acknowledgment of service by Defendant Fritzsche and Defendant Raeder123
Motion on behalf of Defendant Gustav Krupp von
    Bohlen for postponement of the Trial as to him,
    and action taken thereon
Motion, and medical certificates attached thereto124
Report of medical commission appointed to examine Defendant Gustav Krupp von Bohlen127
Answer of the United States Prosecution to the motion134
Memorandum of the British Prosecution on the motion139
Memorandum of the French Prosecution on the motion141
Supplemental memorandum of the French Prosecution142
Order of the Tribunal granting postponement of proceedings against Gustav Krupp von Bohlen143
Supplementary statement of the United States Prosecution144
Motion of the Committee of Chief Prosecutors to amend the Indictment by adding the name of Alfried Krupp von Bohlen as a defendant145
Order of the Tribunal rejecting the motion to amend the Indictment146
Memorandum of the French Prosecution on the order of the Tribunal rejecting the motion to amend the Indictment147
Motion on behalf of Defendant Streicher for
    postponement of the Trial as to him,
    and action taken thereon
Motion on behalf of Defendant Streicher148
Memorandum of the United States Prosecution on the motion149
Memorandum of the British Prosecution on the motion150
Motion of the Soviet Prosecution for a psychiatric examination of Defendant Streicher152
Order of the Tribunal regarding a psychiatric examination of Defendant Streicher153
Report of examination of Defendant Streicher154
Medical examination of Defendant Hess
Motion on behalf of Defendant Hess for an examination by a neutral expert155
Order of the Tribunal rejecting the motion, and designating a commission to examine Defendant Hess157
Report of commission to examine Defendant Hess159
Report of prison psychologist166
Motion adopted by all Defense Counsel,
    19 November 1945168
Judgment171
Dissenting opinion of the Soviet Judge342
Sentences365


MEMBERS AND ALTERNATE MEMBERS
OF THE TRIBUNAL

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


OFFICIALS OF THE GENERAL SECRETARIAT

BRIGADIER GENERAL
WM. L. MITCHELLGeneral Secretary (from 6 November 1945 to 24 June 1946)
COLONEL JOHN E. RAYGeneral Secretary (from 24 June 1946)
MR. HAROLD B. WILLEYGeneral Secretary (to 6 November 1945)
American Secretary (to 11 July 1946)
MR. WALTER GILKYSONAmerican Secretary (from 16 July 1946)
MR. IAN D. McILWRAITHBritish Secretary
MAJOR A. POLTORAKSoviet Secretary
MR. A. MARTIN-HAVARDFrench Secretary
COLONEL CHARLES W. MAYSMarshal (to 26 June 1946)
LIEUTENANT COLONEL JAMES
R. GIFFORDMarshal (from 26 June 1946)
COLONEL LEON DOSTERTChief 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. BAILEYAdministrative Section
CAPTAIN D. P. SULLIVANWitness 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 REYMONCustodian of Documents and Records

LIEUTENANT COLONEL
LAWRENCE D. EGBERTEditor of the Record
CAPTAIN SIGMUND ROTHDirector of Printing


PROSECUTION COUNSEL[1]

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

Only those members of the Prosecution Counsel who spoke before the Tribunal are listed.


DEFENDANTS AND DEFENSE COUNSEL

INDIVIDUAL DEFENDANTS:COUNSEL:
GÖRING, HERMANNDr. Otto Stahmer
  WILHELM
HESS, RUDOLFDr. Günther von Rohrscheidt (to 5 February 1946)
Dr. Alfred Seidl (from 5 February 1946)
VON RIBBENTROP, JOACHIMDr. Fritz Sauter (to 5 January 1946)
Dr. Martin Horn (from 5 January 1946)
LEY, ROBERT[2]
KEITEL, WILHELMDr. Otto Nelte
KALTENBRUNNER, ERNSTDr. Kurt Kauffmann
ROSENBERG, ALFREDDr. Alfred Thoma
FRANK, HANSDr. Alfred Seidl
FRICK, WILHELMDr. Otto Pannenbecker
STREICHER, JULIUSDr. Hanns Marx
FUNK, WALTERDr. Fritz Sauter
SCHACHT, HJALMARDr. Rudolf Dix
Professor Dr. Herbert Kraus, Associate[5]
DÖNITZ, KARLFlottenrichter Otto Kranzbuehler
RAEDER, ERICHDr. Walter Siemers
VON SCHIRACH, BALDURDr. Fritz Sauter
SAUCKEL, FRITZDr. Robert Servatius
JODL, ALFREDProfessor Dr. Franz Exner
Professor Dr. Hermann Jahreiss, Associate[6]
BORMANN, MARTIN[3]Dr. Friedrich Bergold
VON PAPEN, FRANZDr. Egon Kubuschok
SEYSS-INQUART, ARTHURDr. Gustav Steinbauer
SPEER, ALBERTDr. Hans Flächsner
VON NEURATH, CONSTANTINDr. Otto Freiherr von Lüdinghausen
FRITZSCHE, HANSDr. Heinz Fritz
Dr. Alfred Schilf, Associate[7]
KRUPP VON BOHLEN UNDDr. Theodor Klefisch
    HALBACH, GUSTAV[4]    (to 15 November 1945)
Dr. Walter Ballas, Associate[8](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, Associate[9] 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.

LONDON AGREEMENT OF 8 AUGUST 1945
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 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.

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.


IV. FAIR TRIAL FOR DEFENDANTS
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.
V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL
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.

VI. JUDGMENT AND SENTENCE
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.

VII. EXPENSES
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.
RULES OF PROCEDURE
(Adopted 29 October 1945)
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.) Any such motion, application or other request shall be communicated by the General Secretary of the Tribunal to the Chief Prosecutors and, if they make no objection, the President of the Tribunal may make the appropriate order on behalf of the Tribunal. If any Chief Prosecutor objects, the President may call a special session of the Tribunal for the determination of the question raised.

(c) The Tribunal, acting through its President, will rule in court upon all questions arising during the trial, such as questions as to admissibility of evidence offered during the trial, recesses, and motions; and before so ruling the Tribunal may, when necessary, order the closing or clearing of the Tribunal or take any other steps which to the Tribunal seem just.
Rule 8. Secretariat of the Tribunal.

(a) The Secretariat of the Tribunal shall be composed of a General Secretary, four Secretaries and their Assistants. The Tribunal shall appoint the General Secretary and each Member shall appoint one Secretary. The General Secretary shall appoint such clerks, interpreters, stenographers, ushers, and all such other persons as may be authorized by the Tribunal and each Secretary may appoint such assistants as may be authorized by the Member of the Tribunal by whom he was appointed.


(b) The General Secretary, in consultation with the Secretaries, shall organize and direct the work of the Secretariat, subject to the approval of the Tribunal in the event of a disagreement by any Secretary.

(c) The Secretariat shall receive all documents addressed to the Tribunal, maintain the records of the Tribunal, provide necessary clerical services to the Tribunal and its Members, and perform such other duties as may be designated by the Tribunal.

(d) Communications addressed to the Tribunal shall be delivered to the General Secretary.

 

Rule 9. Record, Exhibits, and Documents.

(a) A stenographic record shall be maintained of all oral proceedings. Exhibits will be suitably identified and marked with consecutive numbers. All exhibits and transcripts of the proceedings and all documents lodged with and produced to the Tribunal will be filed with the General Secretary of the Tribunal and will constitute part of the Record.

(b) The term “official documents” as used in Article 25 of the Charter includes the Indictment, rules, written motions, orders that are reduced to writing, findings, and judgments of the Tribunal. These shall be in the English, French, Russian, and German languages. Documentary evidence or exhibits may be received in the language of the document, but a translation thereof into German shall be made available to the defendants.

(c) All exhibits and transcripts of proceedings, all documents lodged with and produced to the Tribunal and all official acts and documents of the Tribunal may be certified by the General Secretary of the Tribunal to any Government or to any other tribunal or wherever it is appropriate that copies of such documents or representations as to such acts should be supplied upon a proper request.

 

Rule 10. Withdrawal of Exhibits and Documents.

In cases where original documents are submitted by the Prosecution or the Defense as evidence, and upon a showing (a) that because of historical interest or for any other reason one of the Governments signatory to the Four Power Agreement of 8 August 1945, or any other Government having received the consent of said four signatory Powers, desires to withdraw from the records of the Tribunal and preserve any particular original documents and (b) that no substantial injustice will result, the Tribunal shall permit photostatic copies of said original documents, certified by the General Secretary of the Tribunal, to be substituted for the originals in the records of the Court and shall deliver said original documents to the applicants.


 

Rule 11. Effective Date and Powers of Amendment and Addition.

These Rules shall take effect upon their approval by the Tribunal. Nothing herein contained shall be construed to prevent the Tribunal from, at any time, in the interest of fair and expeditious trials, departing from, amending, or adding to these Rules, either by general rules or special orders for particular cases, in such form and upon such notice as may appear just to the Tribunal.

MINUTES OF THE OPENING SESSION
OF THE TRIBUNAL, AT BERLIN, 18 OCTOBER 1945
GENERAL NIKITCHENKO, President[12]

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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