THE AGREEMENT BY THE NAME OF THE REPUBLIC OF CZECH REPUBLIC No 164 / 1947 Coll.
Agreement on the prosecution and punishment of major European Axis war criminals
Valid
Effective from 26.09.1945
164.
Agreement
on the prosecution and punishment of the major war criminals of the European Axis.
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OF 8. SRPNA 1945
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THIS AGREEMENT:
(Translation)
Agreement
negotiated by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics on the prosecution and punishment of major war criminals of the European axis.
Done at London, 8 August 1945.
Since the United Nations has once again declared their intention to bring war criminals to justice;
and since the Moscow Declaration of 30 October 1943 on German atrocities in the occupied Europe established that those German officers, the team and members of the Nazi party who were responsible for, or participated in, the atrocities and crimes committed will be sent back to the countries where their heinous acts have been carried out to be tried and punished under the laws of those liberated countries and free governments which will be created therein;
and because it has been established about this declaration that it is not prejudicial to cases of major criminals whose crimes cannot be specifically geographically placed and who will be punished by a joint decision of the Allied Governments;
Thus, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Interim Government of the French Republic and the Government of the Union of Soviet Socialist Republics (hereinafter referred to as the Signatories), acting in the interests of all the United Nations, have now concluded this Agreement.
After a meeting with the German Audit Board, The International Military Court of Criminal Procedure with war criminals whose crimes cannot be specifically geographically placed, regardless of whether they are accused individually or as members of organisations or groups or both.
The composition, competence and tasks of the International Military Court will be determined in the Statute annexed to this Agreement, which will be an essential part of this Agreement.
Each of the Signatories shall take the necessary measures to bring the main war criminals, who are to be tried by the International Military Court, to investigate the charges and to prosecute. Signatories will also make the most of it for the investigation of the charges against them and for their trial before the International Military Court to be brought to the disposal of those major war criminals who are not in the territory of any Signatories.
This agreement will not prejudice the provisions of the Moscow Declaration on the return of war criminals to the countries where they committed their crimes.
Any Government of the United Nations may accede to this Agreement by means of a diplomatic notification to the Government of the United Kingdom, which shall inform the other Signatories and the acceding Governments of any such approach.
This Agreement shall be without prejudice to the jurisdiction or authority of any state or occupation court which has already been established or will be established in any Allied territory or in Germany for the trial of war criminals.
This Agreement shall enter into force on the date of its signature and shall remain in force for a period of one year, and thereafter continue to be subject to the condition that each Signatories may notify one month before their intention to untie it through diplomatic channels. Such untying shall not prejudice any proceedings already initiated and any findings already made under this Agreement.
To prove it, they signed this agreement with their signature.
Dane in London on 8 August 1945 in four copies, each of which is written in English, French and Russian and each text will be equally authentic.
For the Government of the United Kingdom of Great Britain and Northern Ireland:
JOWITT.
For the Government of the United States of America:
ROBERT H. JACKSON
For the Provisional Government of the French Republic:
ROBERT FALCO.
For the Government of the Union of Soviet Socialist Republics:
I. NICHENKO.
A. TRAININ.
Status
International Military Court of Justice.
I.
Composition of the International Military Court of Justice.
Pursuant to the Agreement signed on 8 August 1945 by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics, the International Military Court (hereinafter referred to as the "Court of Justice ') will be established to have a fair and swift criminal procedure with and to punish the major war criminals of the European Axis.
The court will be composed of four members, each of whom will be represented. Each Signatories shall appoint one member and one representative. Representatives shall, if possible, be present at all meetings of the Court. If a member of the Court of Justice is unable to carry out his duties for a disease or otherwise, he shall take the place of his representative.
The prosecution, the defendants and their defendants cannot refuse the Court, its members or its representatives. Any signatory may exchange his or her member in the Court of Justice or his / her alternate on grounds of health or other important reasons, except that the exchange is not permitted during the main trial, except by a representative.
(a) The presence of all four members of the Court of Justice or a representative for each member absent shall be required to have a quorum.
(b) Before each hearing, the members of the Court shall agree among themselves on the choice of the President from among themselves; the President shall hold his office after this hearing, but that the votes of at least three members would otherwise be taken. In principle, it is agreed that there will be a rotation in the presidency as the trial goes its way. However, if the Court sits in the territory of one of the four Signatories, the representative of this Signatory shall be chaired in the Court of Justice.
(c) Without prejudice to what has been said, the Court of Justice shall act by a majority vote and, in the event of a tie, the President's vote shall be decisive, with the conviction and punishment imposed only by the positive votes of at least three members of the Court of Justice.
If necessary and according to the number of cases to be tried, other courts may be established; the setting up and tasks of each Court of Justice, as well as the proceedings with it, shall be the same and shall be governed by this Statute.
II.
Powers and guidelines.
The Court of Justice, established by the Agreement referred to in Article 1 of this Statute for the Judgement and Punishment of the European Axis' main war criminals, will be entitled to judge and punish the persons who have committed, acting in the interests of the countries of the European Axis, whether as individuals or as members of organisations, one of the following crimes.
The following acts, or some of them, are crimes falling within the jurisdiction of the Court of Justice for which personal responsibility will be given:
(a) crimes against peace: that is to say, plotting, preparing, inciting or conducting an offensive war or a war in breach of international treaties, agreements or guarantees, or taking part in a joint plan or conspiracy to implement any of the above;
(b) war crimes: that is to say, violations of the laws of war or war customs. Such a breach shall include the murder, misappropriation or deportation of civilian populations from or in the occupied territory for slave labour, or for any other purpose, the murder of prisoners of war or persons at sea, the destruction of hostages, the theft of public or private property, the arbitrary destruction of cities and villages, or the destruction of unjustified military necessity, but shall not be restricted to them;
(c) crimes against humanity: that is to say, murder, extermination, enslavement, deportation or other inhuman acts committed against any civilian population prior to or during war, or persecution of the causes of political, racial or religious crime in the conduct of any crime under the jurisdiction of the Court of Justice or in connection with such crime, regardless of whether the local law of the country where the crimes were committed has been infringed.
The leaders, organisers, instigators and accomplices involved in the planning or implementation of a joint plan or conspiracy to carry out one of those crimes shall be responsible for all actions by all persons in the implementation of such a plan.
The official position of the defendants, whether as heads of state or responsible officials in public offices, shall not be regarded as an exoneration of responsibility or as an exoneration of punishment.
The fact that the defendant acted on the order of his government or of his superior does not relieve him of his responsibilities, but may be regarded as attenuating to the exposition of the sentence, if the Court of Justice decides that justice demands it.
In the main proceedings with any individual member of a group or organisation, the Court may declare (in connection with any act for which an individual may be sentenced) that the group or organisation of which that individual was a member was a criminal organisation.
Upon receipt of the indictment, the Court shall notify the Court of Justice in a manner which it considers appropriate that the prosecution intends to request the Court of Justice to make such a declaration; any member of the organisation will then be entitled to ask the Court to provide a hearing on whether the organisation was of a criminal nature. The Court of Justice shall be entitled to grant or refuse a request. If the application is granted, the Court of Justice may order that applicants be represented and heard.
If a group or organisation has been declared a criminal offence by the Court of Justice, the competent State authority of each Signatories shall have the right to prosecute individuals for membership in it before state, military or occupation courts. In any such case, the criminal nature of the group or organisation shall be deemed to be proven and shall not be in doubt.
Any person who has been convicted by the Court of Justice may be charged with a criminal offence other than a criminal group or organisation, and may, after a conviction, impose a sentence on him independent of the sentence imposed on him by the Court of Justice for taking part in the criminal activity of such a group or organisation and an additional penalty to such a sentence.
The Court of Justice shall have the right to bring proceedings against a person accused of crimes calculated in Article 6 of this Statute in its absence, if it has not been found, or if, for whatever reason, the Court finds it necessary in the interests of justice to conduct an inquiry in its absence.
The Court of Justice shall draw up the rules under which it shall proceed in the proceedings. These rules shall not be contrary to the provisions of this Statute.
III.
The Corps for Investigation and Enforcement of Major War Criminals.
Each Signatory will appoint a lead prosecutor to investigate and prosecute the charges brought against major war criminals.
The main applicants will be acting as a body for the following tasks:
(a) assess the plan for the specific activities of each of the main applicants and his staff;
(b) negotiate the final designation of the main war criminals to be tried by the Court;
(c) approve the indictment and the documents to be submitted with it;
(d) to bring the action and the documents annexed thereto to the Court of Justice;
(e) draw up and recommend to the Court of Justice for approval the rules drawn up for the procedure to be followed by Article 13 of this Statute. The Court of Justice shall be entitled to accept or reject the rules so recommended, with or without amendments.
The College shall act on all matters referred to above under the order of the majority and shall appoint the President as appropriate and in accordance with the principle of rotation, with a view to designating a defendant to be tried by the Court of Justice or to determine the crimes against which he is to be accused, to accept, if the votes are divided equally, a proposal made by the party which proposed that the defendant be tried or that those charges be brought against him.
The main applicants will carry out the following tasks individually and acting in synergy:
(a) to detect, collect and submit, before or during the trial, all the necessary evidence;
(b) prepare an indictment for approval by the College pursuant to paragraph (c) of Article 14 of this Statute;
(c) preliminary questioning of all necessary witnesses and defendants;
(d) to act as plaintiff during the trial;
(e) to appoint representatives to fulfil their obligations;
(f) to undertake such other acts as may seem necessary to them to prepare and carry out the trial.
It is a consensus that no witness or defendant, arrested by a Signatory, will be taken from the power of this Signator without his consent.
IV.
Fair trial for the defendants.
To ensure that the defendants are tried fairly, this will be done as follows:
(a) The prosecution shall contain all the special particulars which define in the details of the charge against the defendants. A copy of the indictment and all documents filed with the prosecution, translated in a language they understand, will be delivered to the defendant within a reasonable period of time before the trial.
(b) In any preliminary interview or trial with the defendant, the defendant shall have the right to make any serious statement for the allegations brought against him.
(c) The preliminary examination and trial of the defendant shall be carried out in a language or translated into a language the defendant understands.
d) The defendant shall have the right to defend himself before the Court of Justice or to have the help of a lawyer.
e) The defendant shall have the right to present evidence in support of his defence in the trial, alone or by his lawyer, and to cross-examine all witnesses led by the prosecution.
V.
Jurisdiction of the Court and conduct of the proceedings.
The Court of Justice shall be empowered to:
(a) to send witnesses to the trial, and to ask their presence and testimony, and to question them;
(b) to question each defendant;
(c) requesting documents and other evidence to be produced;
(d) take witnesses to the oath;
(e) to appoint officials to carry out all the tasks assigned to them by the Court of Justice, in which they may obtain evidence from the order.
Court of Justice
(a) limit the trial strictly to quick questioning of questions raised as a result of the allegations;
(b) shall take strict measures to prevent any conduct which would cause undue delay and to avoid negotiations and presentations of any kind on matters of minor importance;
(c) it shall act in summary terms with every indiscretion in the courts by imposing appropriate penalties, between them by excluding the defendant or his lawyer from any further proceedings or from any division of the defendant, but without prejudice to the findings of the allegations made.
The Court of Justice shall not be bound by any formal rules accompanying it. It will introduce quick and informal management rules, implement them to the extent possible and admit any evidence it considers to be of accompanying value.
The Court of Justice may request that it be informed of the nature of any evidence before it is offered in order to determine its gravity.
The Court will not ask for evidence of the facts generally known, but will consider them known to the courts. It will also regard as a court known to the official acts of the government and reports of the United Nations, including the resolutions and acts of the committees set up in the various Allied countries for investigating war crimes and reports and findings of military or other courts of any United Nations.
The permanent seat of the Court of Justice shall be in Berlin. The first meeting of the members of the Court of Justice and the main applicants will be held in Berlin at the location designated by the Audit Board for Germany. The first trial will be in Nuremberg and any subsequent trial will be in such places as the Court decides.
At each hearing, one or more of the main applicants may participate on the part of the prosecution. Any lead plaintiff may hold his office in person or by the person or persons he authorises.
The defendant's lawyer may, at the defendant's request, represent any lawyer with a status rating in court cases before the courts of his own country, or any other person specifically empowered by the Court of Justice to do so.
The trial procedure will be the following:
a) The prosecution will be read in court.
(b) The Court asks any defendant whether he is "guilty" or "innocent."
c) The prosecution will have an opening statement.
(d) The Court asks the prosecution and the defence what evidence, if any, they wish to bring before the Court, and decides on the admissibility of such evidence.
e) The prosecution's witnesses will be questioned and then the defence's witnesses will be questioned. Then either the prosecution or the defence may bring such evidentiary evidence as the Court of Justice considers admissible.
(f) The Court may at any time give any question to any witness and to any defendant.
(g) The prosecution and the defence may question all witnesses and defendants who testify and cross-examine them.
h) The defence will address the court.
(i) The prosecution shall address the court.
(j) Any defendant may make a statement to the Court.
(k) The Court of Justice shall deliver an opinion and declare the sentence.
All official documents will be presented and all court proceedings conducted in English, French and Russian and in the defendant's language. It may also be translated into the language of the country in which the Court of Justice sits from the Protocol and from the procedure what the Court considers desirable for justice and for public opinion.
VI.
A statement about guilt and punishment.
The statement by the Court of Justice on the guilt or innocence of each defendant shall contain the grounds on which it is based, shall be final and shall not be subject to review.
When convicted, the Court of Justice shall have the right to impose a death penalty or any other sentence which it considers to be fair.
In addition to the sentence they impose, the Court of Justice has the right to deprive the sentenced of all stolen property and to order that the property be surrendered to the Control Board for Germany.
When guilty, penalties will be carried out according to the orders of the Control Board for Germany, which can at any time mitigate or otherwise alter the sentence, but cannot increase its rigour. When the Audit Board for Germany, after condemning and punishing any defendant, uncovers new evidence which it believes could be based on a new charge against it, the Audit Board shall report on this to the College established under Article 14 of this Statute to act as it deems appropriate, taking into account the interests of justice.
VII.
Expenses.
The Court's expenses and proceedings will be charged by the Signatories to the funds authorised for the maintenance of the Audit Board for Germany.
DECLARES THAT THE AGREEMENT IN THE MEANING OF ITS ARTICLE 7 HAS TAKEN EFFICIENCY TODAY, AUGUST 8, 1945.
Mr PRESIDENT OF THE REPUBLIC GRANTED ON 13 SEPTEMBER 1945 A CONFORMITY TO ACCESS THE CZECH REPUBLIC TO THIS AGREEMENT. THE ACCESS OF THE CZECH REPUBLIC WAS A NOTIFICOAL MINISTERST OF THE FOREIGN AFFAIRS OF GREAT BRITANNIA AND AN INTERNATIONAL EFFICIENCY AGREED FOR THE CZECH REPUBLIC ON 26 SEPTEMBER 1945.
The Agreement shall bind the following States:
Australia (5.10.1945), Belgium (5.10.1945), Czechoslovakia (26.9.1945), Denmark (10.9.1945), Ethiopia (9.10.1945), France (8.8.1945), Haiti (3.11.1945), Honduras (17.10.1945), India (22.12.1945), Jugoslavia (29.9.1945), Luxembourg (1.11.1945), Netherlands (25.9.1945), Norway (20.10.1945), New Zealand (19.11.1945), Panama (17.10.1945), Paraguay (14.11.1945), Poland (1.10.1945), Greece (10.1945), United Kingdom of Great Britain and Northern Ireland (8.8.1945), United States of America (8.8.1945), Paraguy (14.11.1945), Poland (1.10.1945)
Masaryk v. r.
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Regulation Information
| Citation | AGREEMENT BY THE NAME OF THE REPUBLIC OF CZECH REPUBLIC No 164 / 1947 Coll., on the prosecution and punishment of major European axis war criminals |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.10.1947 |
|---|---|
| Effective from | 26.09.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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