19th July, 1945.
15. Each Signatory shall appoint a Chief Prosecutor for the investigating 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 make a general plan for the carrying out of any trial or trials:
(i) Until all the Signatories have appointed Chief Prosecutors, each of the Chief Prosecutors already appointed shall take such steps as, in his view, are best calculated to assist in the preparations for trial.
(ii) When the Chief Prosecutors have been appointed, they shall, as soon as possible, meet and arrange a general plan for the first trial and shall, so far as possible, adopt the steps taken under (i).
(iii) In the execution of that or any subsequent plan, each of the Chief Prosecutors shall be entitled to take such action as he thinks best calculated to carry it out and to decide how best the portion of the plan undertaken by him can be carried into effect.
(iv) If one Chief Prosecutor proposes that any subject-matter be included in any plan, such subject-matter shall be included unless, by a majority vote, the Chief Prosecutors decide otherwise.
(b) to settle the list of major war criminals to be tried by the Tribunal:
If one Chief Prosecutor proposes that any Defendant be tried by the Tribunal, such Defendant shall be tried unless, by a majority vote, the Chief Prosecutors decide otherwise.
Unless otherwise agreed, there shall be submitted to the first trial before the Tribunal, only Defendants who have been unanimously designated by the Chief Prosecutors.
(c) to settle the draft of the Indictment and the documents to be submitted therewith, copies of which are to be furnished to the Defendants.
The documents to be submitted with the Indictment shall include:
(i) lists of treaties, agreements or assurances, to be referred to by the Prosecution, and copies of relevant clauses and parts thereof:
(ii) 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 records or findings of military or other tribunals of any of the United Nations:
(iii) copies of the statement, deposition or affidavit of any witness on which the Prosecution intends to rely save in cases where it is proposed that the witness shall testify before the Tribunal in person:
(iv) copies of any statements made by any Defendant.
No document of a class other than those mentioned shall be submitted with the Indictment unless the Chief Prosecutors, by a majority vote, decide otherwise: but nothing herein contained shall prejudice the right of the Chief Prosecutors to submit to the Tribunal (with the duty to serve copies thereof on the Defendants) at any time after the lodging of the Indictment or at the Trial, any other document (whether or not of the classes referred to in sub-paragraphs (i) to (iv) hereof) which was not available or convenient for lodging with the Indictment: or to call at the Trial any oral evidence.
(d) the lodgment of the Indictment and the accompanying documents with the Tribunal:
(e) the drawing up and recommending to the Tribunal for its approval draft rules of procedure contemplated by Article 14 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended.
In the event of any difference of opinion as to matters (d) and (e) the Committee shall act on a majority vote, and any proposal which fails to secure more than two votes shall be deemed rejected,
| Source: International Conference on Military Trials : London, 1945 Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials : London, 1945 International organization and conference series; II European and British Commonwealth 1 Department of State Publication 3080 Washington, DC : Government Printing Office, 1949 |