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Topic: London Charter of the International Military Tribunal

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	London Charter of the International Military Tribunal - Wikipedia, the free encyclopedia
		The London Charter of the International Military Tribunal (usually referred to simply as the London Charter or Nuremberg Charter) was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.
		The Charter and its definition of crimes against peace was also the basis of the Finnish law, approved by the Finnish parliament on 11 September 1945, that enabled the war-responsibility trials in Finland.
		Tribunal for the former Yugoslavia - Tribunal for Rwanda - Tribunal for Sierra Leone
	en.wikipedia.org /wiki/London_Charter_of_the_International_Military_Tribunal (479 words)

	Nuremberg Principles - Wikipedia, the free encyclopedia
		Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.
		The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.
		Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.
	en.wikipedia.org /wiki/Nuremberg_Principles (468 words)

	The Avalon Project : Charter of the International Military Tribunal
		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 absence.
		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 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.
	www.yale.edu /lawweb/avalon/imt/proc/imtconst.htm (1976 words)

	Judicial Responses to Genocide: International Criminal Tribunal (Site not responding. Last check: 2007-10-13)
		The Tribunal's registrar transmits the arrest warrant to the national authorities of the State having jurisdiction over the accused "together with instructions that at the time of the arrest the indictment and statement of the rights of the accused be read to him in a language he understands.
		The Tribunal is not authorized to impose the death penalty in deference to the Second Optional Protocol to the ICCPR of 1989.
		The Rwandan Tribunal is unique in that it is the first international court to apply crimes against humanity to a non-international conflict and to enforce Article 3 common and Protocol II of the Geneva Conventions.
	web.africa.ufl.edu /asq/v1/1/2.htm (6666 words)

	Court TV Casefiles
		The London Charter of the International Military Tribunal, was named to avoid using words such as "law" or "code" in an effort to circumvent the delicate question of whether the trial would be ex post facto.
		The London Charter set down the rules of trial procedure and defined the crimes to be tried.
		At the International Military Tribunal, some of the proof was presented at the time of indictment, some was not.
	www.courttv.com /archive/casefiles/nuremberg/law.html (590 words)

	Ordinance No
		The purpose of this Ordinance is to provide for the establishment of military tribunals which shall have power to try and punish persons charged with offenses recognized as crimes in Article II of Control Council Law No. 10, including conspiracies to commit any such crimes.
		The tribunal shall afford the opposing party such opportunity to question the authenticity or probative value of such evidence as in the opinion of the tribunal the ends of justice require.
		He shall be subject to the supervision of the members of the tribunals, except that when at least three tribunals shall be functioning, the presiding judges of the several tribunals may form the supervisory committee.
	www.ess.uwe.ac.uk /genocide/Ordinance7.htm (2109 words)

	Jihad Unspun - A Clear View On The US War On "Terrorism" (Site not responding. Last check: 2007-10-13)
		This month marks the 60th anniversary of the London Charter of the International Military Tribunal, the basic legal document for the trial of the major Nazi war criminals that commenced in November 1945.
		One of the great innovations of that charter was the charge of "Crimes Against Peace," defined as the "planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances."
		The U.N. Charter is one of those "international treaties" mentioned in the London Charter of 1945.
	www.jihadunspun.com /intheatre_internal.php?article=103979&list=/home.php (766 words)

	International Law Blog Renee Dopplick
		The International Military Tribunal, also known as the Nuremberg Court, and the twelve Nuremberg trials marked the first trials in history for prosecutions of individuals, rather than nation states, on crimes against global peace.
		The accused were charged under the London Charter of the International Military Tribunal, which defined three types of crimes: crimes against peace, war crimes, and crimes against humanity.
		Under the London Charter, individuals could be held liable for their actions Previously, violations of international law could only be charged against nation states, not individuals.
	www.insidejustice.com /law/index.php/intl/2005/11/11/nuremberg_birth_of_international_law (1202 words)

	The Avalon Project : London Agreement of August 8th 1945
		There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of the organizations or groups or in both capacities.
		The constitution, jurisdiction and functions of the International Military Tribunal shall be those set in the Charter annexed to this Agreement, which Charter shall form an integral part of this Agreement.
		The Signatories shall also use their best endeavors to make available for investigation of the charges against and the trial before the International Military Tribunal such of the major war criminals as are not in the territories of any of the Signatories.
	www.yale.edu /lawweb/avalon/imt/proc/imtchart.htm (524 words)

	Blogger: Email Post to a Friend
		The same holds true for the international criminal tribunals, where the principle of nullum crimen sine lege is upheld and any ambiguity in the definition of a crime must be interpreted in favor of the defendant.
		Hamdan is being prosecuted must, by its own terms, remain limited to adjudicating “violations of the law of war and other applicable laws by military tribunals,” the first requirement of any such judicial body must be to frame the charges correctly given its limited jurisdiction.
		The international criminal tribunals since World War II have required a higher standard of engagement by the defendant in order to thrust him into the law of war.
	www.blogger.com /email-post.g?blogID=7289945&postID=114372394986557503 (1124 words)

	UNHCR AND THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT: SOME COMMENTS ON THE DRAFT STATUTE
		Where crimes of international concern have been committed and national criminal justice systems are unable or unwilling to cope, an established system of international justice would ensure that such crimes are not committed with impunity.
		In excluding from international protection individuals in regard to whom there are serious reasons for considering that they have committed a "crime against humanity", UNHCR uses the London Charter of the International Military Tribunal as a basis for the definition of this crime.
		Staff members of an international organisation providing information to investigators of an international criminal tribunal may place themselves, as well as other concerned staff members of that organisation, at risk of reprisals, particularly if that organisation remains operational in the geographical area where the alleged criminal acts were committed.
	www.un.org /icc/unhcr.htm (2943 words)

	IMT Charter
		The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.
		Thereafter such rebutting evidence as may be held by the Tribunal to be admissible shall be called by either the Prosecution or the Defence.
		Whereas an agreement and charter regarding the Prosecution of War Criminals was signed in London on the 8/8/1945, in the English, French, and Russian languages,
	www.stephen-stratford.co.uk /imtcharter.htm (2153 words)

	United Nations Human Rights Website - Treaty Bodies Database - Document - Jurisprudence - Netherlands
		He was arrested and brought to the military barracks, where he refused to obey' orders to accept a military uniform and equipment on the grounds that he objected to military service and substitute public service as a consequence of his pacifist conviction.
		He explains that two thirds of the members of the Supreme Military Court were high-ranking members of the armed forces, who given their professional background, could not be expected to hand down an impartial verdict.
		The military members of the Supreme Military Court are appointed by the Crown.
	www.unhchr.ch /tbs/doc.nsf/MasterFrameView/9c3132b3423675c0c1256af70056ec0a (1842 words)

	International Military Tribunal
		The Governing document produced by these meetings was the Charter of the International Military Tribunal.
		As required by the charter, they were issued with copies of the indictments and supporting documents in German.
		The charter established a quorum of one judge, or his alternate, from each of the four powers.
	www.stephen-stratford.co.uk /imt.htm (1193 words)

	United Nations Human Rights Website - Treaty Bodies Database - Document - Jurisprudence - Netherlands
		He is a conscientious objector to both military service and substitute civilian service and claims to be the victim of a violation by the Government of the Netherlands of articles 6, 7 and 14 of the International Covenant on Civil and Political Rights.
		He explains that the majority of the members of the Supreme Military Court were high-ranking members of the armed forces, who given their professional background, could not be expected to hand down an impartial verdict.
		Consequently, by reference to the requirement to do military service or, for that matter substitute service, the author cannot claim to be a victim of a violation of articles 6 and 7 of the Covenant.
	www.unhchr.ch /tbs/doc.nsf/MasterFrameView/d3a17018e5ef86afc1256af7005a106b?Opendocument (1598 words)

	JUSTICE IN THE BALANCE
		Article 8 of the London Charter establishing the Nuremberg International Military Tribunal explicitly prohibited the application of superior orders as a defense, and this principle is by now well established in international law.
		The judgments of the Nuremberg Tribunal considered the defense of superior orders where circumstances were such that the subordinate was deemed to have had no moral choice or alternative to carrying out the order.
		Article 38 of the statute of the International Court of Justice provides that general principles of law common to civilized nations is a source of international law applicable by that Court.
	www.hrw.org /reports98/icc/jitbwb-08.htm (2522 words)

	American Experience \| The Nuremberg Trials \| People & Events \| PBS
		In August 1945 the Americans, British, Soviets, and French signed the London Charter of the International Military Tribunal (I.M.T.), which created the Nuremberg court and set the ground rules for the trial.
		In addition the tribunal was criticized for considering only acts of Axis aggression, not those undertaken by the Allies.
		The International Military Tribunal convened on October 18, 1945, in Berlin -- at the insistence of the Soviet Union -- where prosecutors delivered the indictments.
	www.pbs.org /wgbh/amex/nuremberg/peopleevents/e_tribunal.html (878 words)

	Research & Seminars
		Moreover, the growth in universal jurisdiction and the introduction of international criminal tribunals reduces the role of exclusion as a means of ensuring fugitives face justice, thus reinforcing the arguments for a restrictive approach.
		The London Charter was the first international instrument to use the term “crimes against humanity” as a distinct category of international crimes.
		Article 6(b) of the London Charter includes within the concept of war crimes murder or ill-treatment of civilian populations, murder or ill-treatment of prisoners of war, the killing of hostages, or any wanton destruction of cities, towns or villages or devastation that is not justified by military necessity.
	migration.ucdavis.edu /rs/more.php?id=130_0_3_0 (13427 words)

	Charter of the International
		(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 that trial, or as otherwise be agreed by a vote of not less than three members.
		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 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
		So much of the record and 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 considers desirable in the interests of justice and public opinion.
	www.ess.uwe.ac.uk /documents/chtrimt.htm (2422 words)

	Frederick K. Cox International Law Center War Crimes Research Portal - Research Guide (Site not responding. Last check: 2007-10-13)
		The Charter of the International Military Tribunal sought to prosecute crimes against peace, war crimes, and crimes against humanity.
		The International Criminal Court and the major war crimes tribunals (Former Yugoslavia, Rwanda, and Sierra Leone) all have Internet sites that disseminate primary source documentation such as their respective statutes, indictments, and case decisions.
		Charter of the International Military Tribunal ("London Charter," Aug. 8, 1945)
	www.law.case.edu /war-crimes-research-portal/res_gd.asp (3209 words)

	International Humanitarian Law - Charter Nuremberg Tribunal 1945 (Site not responding. Last check: 2007-10-13)
		Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal.
		It was not, however, until 20 October 1943, that the actual establishment of the Commission took place.
		The International Military Tribunal for the Far East (Tokyo 1948) was established by a special proclamation of General MacArthur as the Supreme Commander in the Far East for the Allied Powers.
	www.icrc.org /IHL.nsf/WebPrint/350-TRA?OpenDocument (131 words)

	A Nuremberg case for murder - Pittsburgh Tribune-Review
		The innovation of the crime of aggressive war was denounced by the Nazi defendants as "ex post facto law." But Justice Robert Jackson, America's prosecutor at Nuremberg, had an answer for this: Illegal wars were nothing more than mass murder and there was nothing ex post facto about the crime of murder.
		In his opening statement to the tribunal on Nov. 21, 1945, Jackson said any resort to war -- any kind of war -- is a resort to means that are inherently criminal.
		The very minimum legal consequence of the treaties making aggressive war illegal is to strip those who incite or wage them of every defense the law ever gave and to leave the war-makers subject to judgment by the usually accepted principles of the law of crimes, Jackson said.
	pittsburghlive.com /x/tribune-review/opinion/columnists/guests/s_367339.html (678 words)

	"Charter of the International Military Tribunal (IMT)," <i>in</i> Agreement for the Prosecution ... (Site not responding. Last check: 2007-10-13)
		"Charter of the International Military Tribunal (IMT)," in Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis (London Agreement), August 8, 1945, 58 Stat.
		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:
	www1.umn.edu /humanrts/instree/imt1945.htm (139 words)

	Bzangy Groink » RAF Officer: “US Like Nazis”
		Kendall-Smith told the court that he considered the war in Iraq to be the equivalent of an “imperial invasion and occupation”.
		He said he was extremely disturbed by America’s “imperial campaign of military conquest”, which was in direct conflict with his duties.
		Before the end of World War II, the Allies suspected such a defense might be employed, and issued the London Charter of the International Military Tribunal, which specifically stated that this was not a valid defense against charges of war crimes.
	www.bzangygroink.co.uk /wordpress/archives/2006/04/13/raf-officer-us-like-nazis (575 words)

	International Military Tribunal "Blue Series," Vol. 1, p. 24 (Site not responding. Last check: 2007-10-13)
		The International Military Tribunal held its first public session in Berlin, as required by Article 22 of the Charter, in the Grand Conference Room of the Allied Control Authority Building at 10:30 a.
		Each on being introduced made a brief statement, which was translated orally into the other languages, and lodged a copy of the Indictment, in his own language, with the President of the Tribunal.
		* General Nikitchenko WAC selected as President for the session at Berlin, and Lord Justice Lawrence was elected President of the Tribunal for the Trial in Nuremberg in accordance with Article 4 (b) of the Charter.
	www.holocaust-history.org /works/imt/01/htm/t024.htm (257 words)

	References \| Laws \| Charter of the International Military Tribunal (IMT) (Site not responding. Last check: 2007-10-13)
		in Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis (London Agreement), August 8, 1945, 58 Stat.
		Such violations 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:
	www.alhaq.org /references/laws/law_imt.html (169 words)

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