EXECUTIVE AGREEMENT

LAST SOVIET DRAFT

In accordance with the Moscow Declaration of October 30, 1945 (1) concerning the responsibility of the Hitlerites for their atrocities and in accordance with other statements of the United Nations regarding the punishment of war criminals, the Governments of the Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Provisional Government of the French Republic, acting in the interest of all the United Nations, have concluded the following Agreement:

1. To establish for the trial of major war criminals, whose crimes are not restricted to a definite locality, an International Military Tribunal the jurisdiction and activity of which shall be determined by its Statute.

2. To approve the Statute of the International Military Tribunal which forms an integral part of this Agreement.

3. To turn over to the International Military Tribunal upon its demand all the major war criminals who are under the jurisdiction of the International Military Tribunal.

4. Each of the Signatories shall separately take the necessary measures to provide for the surrender to the International Military Tribunal of the war criminals who are to be found on the territory of countries who are not parties to this Agreement.

5. To surrender, upon the demand of the Governments of any of the countries which have signed this Agreement or adhered to it, the war criminals who have committed crimes on the territories of those countries.

6. All members of the United Nations shall be invited by the Government of the United Kingdom, acting on behalf of the other Signatories hereto, to adhere to this Agreement. Such adherence shall in each case be notified to the Government of the United Kingdom, which shall promptly inform the other parties to this Agreement.

7. This Agreement becomes valid immediately on the day of its signing.

LAST DRAFT OF SOVIET STATUTE

1. GENERAL PROVISIONS

Article I

Tasks of the Tribunal

In pursuance of the Agreement concluded by the Governments of the Union of Soviet Socialist Republics, the United States of America, and the United Kingdom of Great Britain and Northern, Ireland, and the Provisional Government of the French Republic an International Military Tribunal (henceforth called Tribunal) shall be established for the just and prompt punishment of the major war criminals of the European Axis Powers.

Article 2

Range of Crimes

Among the crimes coming under the jurisdiction of the Tribunal are:

a) initiation of war in violation of the principles of International Law and in breach of treaties;

b) launching a war of aggression;

e) atrocities and violence in regard to civilian populations, deportations of civilians to slave labour, murder and ill-treatment of prisoners of war, destruction of towns and villages, plunder and other violations of the laws and customs of war;

d) the use of war as an instrument of Nazi policy intended for the extermination and plunder of other peoples.

Article 3

Branches of the Tribunal

One or several Tribunals may be established depending on the number of cases to be tried. The procedure of the establishment and activity of all the Tribunals shall be identical and shall be governed by this Statute.

Article 4

Instructions

For a more detailed definition of the procedure the Tribunal shall draw up instructions. These instructions shall not be inconsistent with this Statute.

Article 5

The Tribunal and the Control Council for Germany

The Tribunal shall be set up in Berlin and shall be attached to the Control Council. The relations between the Tribunal and the Control Council shall be governed by Articles 9, 34, 35 and 36 of this Statute.

Article 6

Language of the Official Documents

All official documents of the Tribunal and of the International Investigation Commission (Articles 11-12 of this Statute) are to be kept in English, Russian and French as well as in the language of the Allied country on whose territory the sessions of the Tribunal may take place.

Article 7

Surrender of Criminals

The International Investigation Commission and the Tribunal shall have the right to demand of any state the surrender of prisoners charged with crimes set out in Article 2 of this Statute.

11. COMPOSITION OF THE TRIBUNAL

Article 8

Members of the Tribunal and Their Alternates

The tribunal shall consist of four members. The members of the Tribunal and their alternates shall be appointed by the Control Council --- one member of the Tri bunal and one alternate each by the USSR, USA, Great Britain and France-after consultation with the governments of their respective countries.

Article 9

Challenge and Recall of the Members of the Tribunal

The members of the Tribunal cannot be challenged by the defendants, the prosecution or the counsel for the defence. The Control Council upon the proposal of the respective governments may recall a member of the Tribunal or his alternate and replace them by other persons.

Article 10

Quorum and Voting

The presence of all the four members of the Tribunal shall be necessary to make up the quorum. The Tribunal shall take decision by a simple majority vote. In case the votes are evenly divided, the vote of the Presiding Officer shall be decisive. Death sentences shall be imposed by the affirmative vote of at least three members of the Tribunal.

III. INTERNATIONAL INVESTIGATION COMMISSION

Article 11

Tasks of the International Investigation Commission

An International Investigation Commission (henceforth called the Commission) of the Tribunal shall be established. The Commission shall determine the persons who are to be tried by the Tribunal, carry out investigation in regard to those persons, draw up the indictment and lodge the material with the Tribunal.

Article 12

Members of the International Investigation Commission

The Commission shall consist of four members. The members of the Commission shall be appointed by the Control Council-one member each from the USSR, USA, Great Britain and France. The Control Council shall have the right to recall the members of the Commission and to replace them by other persons.

VI. [IV.) INSTITUTION AND CONDUCT OF PROCEEDINGS AND INVESTIGATION. INDICTMENT

Article 13

Initiative in the Institution of Proceedings

The initiative in the institution of proceedings in the cases falling under the jurisdiction of the Governments of each of the four countries, to the Control Council, to the Commission and to the Tribunal. Proceedings shall be instituted by a decision of the Commission.

Article 14

Investigation

In proceedings instituted by the Commission such investigation shall be carried out as the Commission may find appropriate in the interests of justice. The investigation may be carried out by the whole Commission or at its request by its individual members or by such persons as may be entrusted to do so by the Commission on the territory of any country with the consent of that country.

Article 15

Indictment

At the conclusion of the investigation the Commission shall draw up an indictment which shall be lodged with the Tribunal together with all the evidence pertaining to the same. In the absence of sufficient evidence to warrant the turning of the case over to the Tribunal the Commission shall decide to bring the proceedings to an end. The indictment and the decision to bring proceedings to an end shall be taken by the whole Cominission by a simple majority vote. In case the votes are evenly divided the vote of the Presiding Officer shall be decisive.

[V.] BRINGING TO TRIAL AND MAKING ARRANGEMENTS FOR TRIAL

Article 16

Bringing to Trial

Having received the charges from the Commission, the Tribunal shall pass a decision to bring the defendants to trial or to bring the proceedings to an end or to return the case to the Commission for further investigation.

Article 17

Making Arrangements for Trial

Simultaneously with the bringing of a case to trial the Tribunal shall furnish the defendant with a copy of the indictment in a language understood by the defendant, decide upon the time and place of a hearing, settle the question of the calling of witnesses, the participation of the prosecutor and the counsel for the defense.

VI. SESSIONS OF THE COURT

Article 18

Place of the Sessions

Sessions of the Tribunal may take place on the territories of different countries in accordance with the decision of the Tribunal and with the consent of the respective country. Preference should, nevertheless, be given to the territory of the country in regard to which the defendant had coinmitted the most serious crimes.

Article 19

Presidency at the Sessions

If a session of the Tribunal is taking place on the territory of one of the four Allied countries the representative of that country on the Tribunal shall preside. In all other cases the representatives of the four Allied countries which have established the Tribunal shall preside in rotation.

Article 20

Language To Be Used

If the sessions of the Tribunal are taking place on the territory of one of the four Allied countries, the proceedings shall be conducted in the language of that country. In all other cases court proceedings shall be conducted in the language chosen by the Tribunal.

Article 21

Participation of Alternate Members

The alternate members of the Tribunal shall be present at the sessions of the Tribunal. In case of illness or the incapacity of a member of the Tribunal to fulfil his functions for some other reason, his alternate shall [sit] in his place.

VII TRIAL

Article 22

Rights of Defendants and Provisions for the Promptness of Trial

The trial while ensuring the rightful interests of the defendants must at the same time be based on principles which will ensure the prompt carrying out of justice. All attempts to use trial for Nazi propaganda and for attacks on the Allied countries should be decisively ruled out.

Article 23

Prosecution

A prosecutor shall take part in each trial. The prosecutor shall be a member of the Commission or some other competent person so entrusted by the Commission.

Article 24

Defence

The right of the def endant to defence shall be recognized. Duly authorized lawyers or other persons admitted by the Tribunal shall plead for the defendant at his request.

Article 25

Procedure at the Trial

Court proceedings shall begin with the reading of the indictment. This shall be followed by the examination of the defendants and witnesses and by the reading of documents in the order establishd by the Presiding Officer. After the inquest the pleadings of the prosecution and of the counsel for the defence shall take place. Af ter the pleadings the defendant shall be called upon to make his final speech.

[VIII.] EVIDENCE

Article 26

Choice and judging of Evidence

The Tribunal and the Commission shall not be restricted in the choice and judging of evidence. Well-known facts shall have the same judicial value as the facts established by the Commission.

Article 27

Acts and Documents of the National Investigating Commissions

The acts and documents of the commissions established in various allied countries for the investigation of war crimes shall have the same judicial value as the acts and documents drawn up by the Commission.

[IX.] LIABILITY

Article 28

Official Position

The official position of persons guilty of war crimes, their position as heads of states or as heads of various departments shall not be considered as freeing them from or in mitigation of their responsibility.

Article 29

Carrying Out of an Order

The carrying out by the defendant of an order of his superior or government shall not be considered a reason excluding his responsibility for the crimes set out in Article 2 of this Statute. In certain cases, when the subordinate acted blindly in carrying out the orders of his superior, the Tribunal has a right to mitigate the punishment of the defendant.

Article 30

Liability of Accomplices

Organizers, instigators and accomplices bear responsibility for the crimes set out in Article 2 of this Statute along with the perpetrators of those crimes.

X. PUNISHMENT

Article 31

Forms of Punishment

The Tribunal shall have the right to impose the sentence of death or some other punishment on the defendants-the perpetrator and his accomplices.

Article 32

Confiscation of Property

In addition to the punishment imposed by it, the Tribunal shall have the right to decide on the confiscation of property of the sentenced person.

Article 33

Trial in the Absence of the Defendant

The Tribunal shall have the right to take proceedings against persons charged with the crimes, set out in Article 2 of this Agreement, in the absence of the defendant, if the defendant should be hiding or if the Tribunal should f or other reasons find it necessary to conduct the hearing in the absence of the defendant.

XI. APPEAL AND CARRYING OUT OF SENTENCES

Article 34

Approval, Alteration or Annulment of Sentences

The Control Council may approve, alter or annul a sentence or return the case to the Tribunal for a retrial. The Control Council shall have the right to mitigate the punishment imposed by the Tribunal but not to increase the severity thereof.

Article 35

Carrying Out of Sentences

The sentences of the Tribunal shall be carried out by the organs of that state on whose territory the trial had taken place. On German territory the sentences shall be carried out in a manner established by the Control Council.

Article 36

Expenses

The expenses for the maintenance of the members of the Tribunal and their alternates and of the Commission and all other expenses connected with the organization and activity of the Tribunal and the Commission shall be covered by the funds allotted for this purpose by the Control Council.

XII. JURISDICTION OF THE NATIONAL TRIBUNALS

Article 37

This Statute of the Tribunal shall rot in any way prejudice the jurisdiction and the powers of the national tribunals established on the territory of the Allied countries and on the territory of Germany for the trial of war criminals.

LAST AMERICAN DRAFT

1. In accordance with the Moscow Declaration of October 30, 1943,1 concerning the responsibility of the Nazis and Hitlerites for atrocities and crimes in violation of International Law, and in accordance with other statements of the United Nations regarding the punishment of those who have committed, been responsible for, or taken a consenting part in, such atrocities and crimes, the Government of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of the French Republic, acting by their duly authorized representatives, [have] concluded the following agreement to which the adherence of all members of the United Nations is provided for, in order to provide the necessary practical measures for the prompt prosecution and trial of the major war criminals of the European Axis Powers, including the groups and organizations responsible for or taking a consenting part in the commission of such crimes and in the execution of criminal plans.

4. The parties to this agreement agree to bring to trial before an International Military Tribunal, in the name of their respective peoples, major criminals, including groups and organizations referred to in Article 1. To this end the Soviet Union, the United States, the United Kingdom and France have each designated a representative to act as its Chief of Counsel. The Chiefs of Counsel shall be responsible for determining, preparing the charges against, and bringing to trial the persons and organizations so to be tried.

5. The Soviet Union, the United States, the United Kingdom, and France shall also promptly designate representatives to sit upon an International Military Tribunal which shall be charged with trying such persons, groups, and organizations.

3. The Signatories agree that the Control Council for Germany shall establish policies and procedures governing (a) the return to the scene of their crimes of persons in Germany charged with criminal offenses, in accordance with the Moscow Declaration, and (b) the surrender of persons within Germany in the custody of any of the Signatories who are demanded for prosecution by any party to this Agreement.

2. All members of the United Nations shall be invited by the Government of the United Kingdom, acting on behalf of the other Signatories hereto, to adhere to this Agreement. Such adherence shall in each case be notified to the Government of the United Kingdom, which shall promptly inform the other parties to this agreement.

6. There is hereby adopted the Annex to this instrument which (a) declares applicable International Law and specifies acts constituting criminal violations of International Law, (b) sets out the powers and duties of the Chiefs of Counsel, (c) provides for the establishment, jurisdiction, procedures, and powers of an International Military Tribunal, and (d) makes provision for the punishment of those convicted before such International Military Tribunal.

LAST DRAFT OF AMERICAN ANNEX

1. This Annex is adopted pursuant to the Executive Agreement made this day by the Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of the French Republic, which Agreeinent provides for the adherence thereto of all members of the United Nations who may elect so to adhere.

2. The purpose of this Annex, in pursuance of the aforesaid Executive Agreement, is to make detailed provisions for the necessary practical means and measures to carry out the declaration issued at Moscow on October 30, 1943, and other statements of the United Nations on the question of punishment of war criminals insofar as they relate to the trial and punishment of major war criminals.

3. To this end this Annex (a) declares applicable International Law and specifies acts constituting criminal violations of International Law, (b) sets out the powers and duties of the Chiefs of Counsel for the purpose of bringing the major war criminals, including groups and organizations, to trial for their criminal violations of International Law, (e) provides for the establishment, the jurisdiction, procedures, and powers of the International Military Tribunal to be established for the purpose of trying such criminals for their crimes, and (d) makes provision for the punishment of those convicted before such International Military Tribunal.

4. For convenience, (a) the four Signatories will sometimes be referred to as "the Signatories," (b) the members of the United Nations adhering hereto as provided in the preceding Article will sometimes be referred to as "the Adherents," and (e) the Signatories and 9.11 Adherents will sometimes be collectively referred to as "the parties to this Agreement."

5. The Tribunal shall be bound by this declaration of the Signatories that the following acts are criminal violations of International Law:

(a) Violations of the laws, rules, and customs of war. Such violations shall include, but shall not be limited to, mass murder and ill-treatment of prisoners of war and civilian populations and the plunder of such populations.

(b) Launching a war of aggression.

(c) Invasion or threat of invasion of , or initiation of war against, other countries in breach of treaties, agreements or assurances between nations, or otherwise in violation of International Law.

(d) Entering into a common plan or enterprise aimed at domination over other nations, which plan or enterprise included or intended, or was reasonably calculated to involve, the use of unlawful means for its accomplishmenti including any or all of the acts set out in sub-paragraphs (a) to (C) above or the use of a combination of such unlawful means with other means.

(e) Atrocities and persecutions and deportations on political, racial, or religious grounds, in pursuance of the common plan or enterprise referred to in sub-paragraph (d) hereof, whether or not in violation of the domestic law of the country where perpetrated.

"International Law" shall be taken to include treaties, agreements, and assurances between nations and the principles of the law of nations as they result from the usages established among civilized peoples, from the laws of humanity, and from the dictates of the public conscience.

THE INTERNATIONAL MILITARY TRIBUNAL

6. There shall be set up by the Signatories an International Military Tribunal which shall have jurisdiction to hear and determine any charges presented pursuant to Article 11. Such International Military Tribunal shall consist of four members, each with an alternate, to be appointed as follows: one member and one alternate each by the Soviet Union, the United States, the United Kingdom and France. The alternate, so far as practicable, shall be present at the sessions of the Tribunal. The presiding officer shall be selected by vote of a majority of the members of the Tribunal, and if they are unable to agree, the respective appointees of each of the Signatories shall preside in rotation on successive days.

PROVISIONS FOR BRINGING DEFENDANTS TO TRIAL

7. The parties to this Agree ment agree to bring to trial before the International Military Tribunal at or such other place as the parties may unanimously agree to in the names of their respective peoples, the major criminals, including groups and organizations referred to in Article 2.

13. In the conduct of the trial, questions may be put by each Chief of Counsel, or his representative, or by any member of the Tribunal, in his own language, and shall be translated and communicated to the witness, the defendants, and each member of the Tribunal in his own language. The witness may answer in his own language, and the answers will be translated in like manner. Written matter introduced in evidence shall be translated into the languages of the defendants and of each of the members of the Tribunal. A record of the trial will be kept in the language of each of the members of the Tribunal and in German, and each such record shall be an official record of the proceedings.

RETURN OF OFFENDERS TO THE SCENE OF THEIR CRIMES

26. The Signatories agree that the Control Council for Germany shall establish policies and procedures governing (a) the return of persons in Germany charged with criminal offenses to the scene of their crimes in accordance with the Moscow Declaration and (b) the surrender of persons within Germany in the custody of any of the Signatories who are demanded for prosecution by any party to this Agreement.

(See Article 6 above, as follows:)

6. There shall be set up by the Signatories an International Military Tribunal which shall have jurisdiction to hear and determine any charges presented pursuant to Article 11. Such International Military Tribunal shall consist of four members, each with an alternate, to be appointed as follows: one member and one alternate each by the Soviet Union, the United States, the United Kingdom and France. The alternate, so far as practicable, shall be present at the sessions of the Tribunal.

The presiding officer shall be selected by vote of a majority of the members of the Tribunal, and if they are unable to agree, the respective appointees of each of the Signatories shall preside in rotation on successive days.

12. In the event of the death or incapacity of any member of the International Military Tribunal, his alternate shall sit in his stead without interruption of the proceedings. All actions and decisions shall be taken by majority vote of the members.

8. Chiefs of Counsel appointed by the Signatories shall be charged with:

(a) determining the persons, groups, and orcranizations against whom, in their judgment, there exists sufficient proof of criminal violations of International Law set out in Article 5 above to warrant their being brought to trial before the International Military Tribunal;

(b) preparing the charges against such persons and organizations;

(c) determining the proof which in their judgment has sufficient probative value to be offered in evidence against any or all such persons, groups and organizations;

(d) instituting and conducting bef ore the International 1\1ilitary Tribunal prosecutions of such persons, groups and organizations.

Determination of the matters set out in sub-paragraphs (a) through (d) above shall be by agreement of the Chiefs of Counsel, provided that any Chief of Counsel may (1) bring to trial before such International Military Tribunal any person in the custody of his Government or of any Government which consents to the trial of such person, and any group or organization, representative members of which are in the custody of his Government, if, in his judgment such person, group, or organization has committed any criminal violation of International Law defined in Article 6 hereof ; and (2) introduce any evidence which in his judgment has probative value relevant to the issues raised by the charges being tried.

9. The Chiefs of Counsel shall also be charged with recommending rules of procedure for adoption by the International Military Tribunal.

CONSTITUTING OF TRIBUNAL

10. The International Military Tribunal shall have the power (a) after receiving recommendations of the Chiefs of Counsel, to establish its own rules of procedure, which shall not be inconsistent with the provisions of this Agreement; (b) to summon witnesses, including defendants, and to require their attendance and testimony; (c) to require the production of documents and other evidentiary material; (d) to administer oaths; (e) to appoint special masters and other officers to take evidence, and to make findings, except findings of guilt, or certify summaries of evid ' ence to the International Military Tribunal whether before or during the trial, and (f) generally to exercise in a manner not inconsistent with the provisions of this Agreement plenary authority with respect to the trial of charges brought pursuant to this Agreement. Its judgment of guilty or innocence shall be final and not subject to revision.

11. There shall be lodged with the Court prior to the commencement of the trial an indictment, supported by full particulars, specifying in detail the charges against the defendants being brought to trial. No proof shall be lodged with the Court except at the trial, and copies of any matters to be introduced in writing shall be furnished the defendants prior to their introduction. (12. quoted above) (13. quoted above)

(7. Quoted above as follows:)

7. The parties to this Agreement agree to bring to trial before the International Military Tribunal at or such other place as the parties may unanimously agree in the names of their respective peoples, the major criminals, including groups and organizations, referred to in Article 2.

(Part of 6 quoted above, as follows:)

. . . The presiding officer shall be selected by vote of a majority of the members of the Tribunal, and if they are unable to agree, the respective appointees of each of the Signatories shall preside in rotation on successive days.

13. In the conduct of the trial, questions may be put by each Chief of Counsel, or his representative, or by any member of the Tribunal, and in his own language, and shall be translated and communicated to the witness, the defendants, and each member of the Tribunal in his own language. The witness may answer in his own language, and the answers will be translated in like manner. Written matter introduced in evidence shall be translated into the languages of the defendants and of each of the members of the Tribunal. A record of the trial will be kept in the language of each of the members of the Tribunal and in German, and each such record shall be an official record of the proceedings.

6. The alternate, so far as practicable shall be present at the sessions of the Tribunal.

12. In the event of the death or incapacity of any member of the International Military Tribunal, his alternate shall sit in his stead without interruption of the proceedings.

19. 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 of any kind whatsoever, (e) 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.

8. Chiefs of Counsel appointed by the Signatories shall be charged with . . . instituting and conducting before the International Military Tribunal prosecutions of such persons, groups and organizations.

14. In order to insure fair trial for defendants the following procedure is established:

(a) Reasonable notice shall be given to the defendants of the charges against them and of the opportunity to defend. Such notice may be actual or constructive. The Tribunal shall determine what constitutes reasonable notice in any given instance.

(b) The defendants physically present before the Tribunal will (1) be furnished with copies translated into their own language, of any indictment, statement of charges or other document of arraignment upon which they are being tried; (2) be given fair opportunity to be heard in their defence and to have the assistance of counsel. The Tribunal shall determine to what extent and for what reasons proceedings against defendants may be taken without their presence.

11. There shall be lodged with the Court prior to the commencement of the trial an indictment, supported by full particulars, specifying in detail the charges against the defendants being brought to trial. No proof shall be lodged with the Court except at the trial, and copies of any matters to be introduced in writing shall be furnished the defendant prior to their introduction.

10. The International 'Military Tribunal shall have power . . . .

(e) to appoint special masters and other officers to take evidence, and to make findings, except findings of guilt, or certify summaries of evidence to the International Military Tribunal, whether before or during the trial . . . .

PROVISIONS REGARDING PROOF

18. The Tribunal shall not be bound by technical rules of evidenee. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedures and shall admit any evidence which it deems to have probative value. It shall employ with all possible liberality simplifications of proof, such as but not limited to: requiring defendants to make -written proffers of proof ; making extensive use of judicial notice; receiving sworn or unsworn statements of witnesses, depositions, recorded examinations before or findings of military or other tribunals, copies of official reports, publications and documents or other evidentiary materials and all such other evidence as is customarily received by international tribunals.

16. Any defence based upon the fact that the accused is or was the head or purported head or other principal official of a State is legally inadmissible and will not be entertained.

17. The fact that a defendant acted pursuant to order of a superior or to government sanction shall not constitute a defence per se, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

SUBSTANTIVE PROVISIONS FOR LIABILITY AND DEFENCE

15. In the trial, the Tribunal shall apply the general rule of liability that those who participate in the formulation or execution of a criminal plan involving multiple crimes are liable for each of the offelises committed and responsible for the acts of each other.

TRIAL OF GROUPS OR ORGANIZATIONS

22. Groups or organizations, official or unofficial, may be charged before the Tribunal with criminal acts or with complicity therein by producing before the Tribunal and putting on trial such of their number as the Tribunal may determine to be fairly representative of the group or organization in question. Upon conviction of a group or an organization, the Tribunal shall make written findings and enter written judgment on the charges against such group or organization and the representative members on trial.

23. Upon conviction of any group or organization, any party to this Agreement may bring charges against any person for participation in its criminal activities pursuant to the provisions of Article 15 hereof before any occupation or other Tribunal established by it. In any such trial, the findings of the International Military Tribunal as to the criminality of the group or organization shall be binding upon the occupation or other Tribunal. Upon proof of membership in such group or organization, such person shall be deemed to have participated in and be guilty of its criminal activities unless he proves the absence of voluntary participation. A person so convicted shall suffer death or such other punishment as the Tribunal may deem just in light of the degree of his culpability.

24. Any party to this agreement may, either in a proceeding described in Paragraph 23 or in an independent proceeding, charge any person, before an occupation or other Tribunal, with any crime other than the crimes referred to in Paragraph 23, and such Tribunal may, upon his conviction, impose upon him for such crime punishment independent of and additional to the punishment imposed for participation in the criminal activities of such group or organization.

PUNISHMENT

20. Defendants brought to trial before the Tribunal shall, upon conviction, suffer death or such other punishment as shall be determined by the Tribunal to be just.

14 . . . .

(b) . . . The Tribunal shall determine to what extent and for what reasons proceedings against defendants may be taken without their presence.

21. The sentences shall be carried out in accordance with written orders of the Control Council, and the Control Council may at any time reduce or otherwise alter the sentences but may not increase the severity thereof.

EXPENSES

25. The expenses of the International Military Tribunal shall be charged by the Signatories against the funds allotted for the maintenance of the Control Council, and the expenses of the Chiefs of Counsel shall be borne by the respective Signatories.

RETURN OF OFFENDERS TO THE SCENE OF THEIR CRIMES

26. The Signatories agree that the Control Council for Germany shall establish policies and procedures governing (a) the return of persons in Germany charged with criminal offenses to the scene of their crimes in accordance with the Moscow Declaration and (b) the surrender of persons within Germany in the custody of any of the Signatories who are demanded for prosecution by any party to this Agreement.