Note: On July 28, 1945, Sir Thomas Barnes delivered to justice Jackson a further redraft which he had prepared in an endeavor to meet the Soviet views. He explained that the Soviet Delegation had agreed to this definition and had insisted on this form. The document follows:

27th July, 1945.

12: 15 p. in.

For the purpose of the trials of the major war criminals of the European Axis Powers before the Tribunal established by the Agreement referred to in Article I hereof, the following acts or designs or attempts at any of them shall be deemed to be crimes coming within the jurisdiction of the Tribunal:

(a) Initiation of a war of aggression or participating in the waging of war or preparing for war in violation of treaties, agreements or assurances or participating in a common plan or conspiracy aimed at the domination of one nation over other nations and carried out by the European Axis Powers.

(b) Violations of the laws, rules and customs of war. Such violations shall include murder and ill-treatment of prisoners of war, atrocities against civilian populations of occupied countries and the deportation of such populations to slave labour, wanton destruction of towns and villages, and plunder.

(c) Atrocities against civilian populations other than those referred to in paragraph (b). These include murder and ill-treatment of civilians and deportations of civilians to slave labour and persecution on political, racial or religious grounds committed in pursuance of the common plan or conspiracy referred to in paragraph (a) above.

Any person who is proved to have in any capacity directed or participated in the war or in the plan or conspiracy referred to in paragraph (a) above shall be personally answerable for each and every violation or atrocity referred to in paragraphs (b) or (c) above committed in furtherance of such war, or in pursuance of such plan or conspiracy, by the forces and authorities, whether armed, civilian or otherwise, in the service of any of the European Axis Powers.