The Tribunal established by the Agreement referred to in Article I hereof shall have power and jurisdiction to hear, try and determine charges of crime against only those who acted in aid of the European Axis Powers.
The following acts, designs, or attempts at any of them, shall be deemed to be crimes coming within its jurisdiction:
(a) Initiation of a war of aggression; or initiation of a war in violation of treaties, agreements or assurances, or otherwise in violation of International Law; or participating in a common plan or conspiracy aimed at the domination of one nation over other nations to be carried out by means of any such war.
(b) Violations of the laws, rules or customs of war. Such violations shall include but are not limited to murder and ill-treatment of prisoners of war; atrocities against civilian populations of occupied countries; the deportation of such populations to slave labour; wanton destruction of towns and villages; and plunder or spoliation.
(c) Atrocities against civilian populations other than those referred to in paragraph (b). These include but are not limited to murder and ill-treatment of civilians and deportations of civilians to slave labour or persecution on political, racial or religious grounds committed in any country, at any time, 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 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 plan or conspiracy, by forces and authorities, whether armed, civilian or otherwise.
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 |