OF THE INTERNATIONAL MILITARY TRIBUNAL
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
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.
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 members 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.
(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 the 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
(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
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
The Tribunal established by the Agreement referred to m 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; 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 the 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.
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.
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 determines that
justice so requires.
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 the 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.
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 individual 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.
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.
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
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
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 accompany 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 the 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
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 all
(d) to act as prosecutor at the Trial,
(e) to appoint representatives to carry out such duties as may be assigned
(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 the Signatory
shall be taken out of the possession of that Signatory without its assent.
IV. FAIR TRIAL FOR DEFENDANTS
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 reasonable
time before the Trial.
(b) During any preliminary examination or trial of a Defendant he will
have the right to give any explanation relevant to the charges made
(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
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.
The Tribunal shall
(a) confine the Trial strictly to an expeditious hearing of the cases
raised by the charges,
(b) take strict measures to prevent any action which will cause reasonable
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
The Tribunal shall not be bound by technical rules of evidence. It shall
adopt and apply to the greatest possible extent expeditious and nontechnical
procedure, and shall admit any evidence which it deems to be of probative
The Tribunal may require to be informed of the nature of any evidence
before it is entered so that it may rule upon the relevance thereof.
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 of records
and findings of military or other Tribunals of any of the United Nations.
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.
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.
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 crossexamine
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.
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 is sitting, as the Tribunal considers desirable
in the interests of the justice and public opinion.
VI. JUDGMENT AND SENTENCE
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.
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.
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.
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
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 of Germany.
Proceedings Vol. 1
Washington, D.C.: U.S. Government Printing Office, 1949