Page:United States Statutes at Large Volume 59 Part 2.djvu/863

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [59 STAT. CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL I. CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL Article 1. Establishment. In pursuance of the Agreement signed on the 8 t h day of August 1945 by the Government of the United States of America, the Pro- visional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics, there shall be established an International Military Tribunal (hereinafter called "the Tribunal") for the just and prompt trial and punishment of the major war criminals of the European Axis. Article 2. Members. The Tribunal shall consist of four members, each with an alternate. One member and one alternate shall be appointed by each of the Signatories. The alternates shall, so far as they are able, be present at all sessions of the Tribunal. In case of illness of any member of the Tribunal or his incapacity for some other reason to fulfill his func- tions, his alternate shall take his place. Article 3. Replacements. Neither the Tribunal, its members nor their alternates can be challenged by the prosecution, or by the Defendants or their Counsel. Each Signatory may replace its member of the Tribunal or his alter- nate for reasons of health or for other good reasons, except that no replacement may take place during a Trial, other than by an alternate. Quorum. Selection of Presi- dent. Majority vote. Article 4. (a) The presence of all four members of the Tribunal or the alter- nate for any absent member shall be necessary to constitute the quorum. (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 may otherwise be agreed by a vote of not less than three members. The principle of rotation of presidency for successive trials is agreed. If, however, a session of the Tri- bunal takes place on the territory of one of the four Signa- tories, the representative of that Signatory on the Tribunal shall preside. (c) Save as aforesaid the Tribunal shall take decisions by a major- ity vote and in case the votes are evenly divided, the vote of the President shall be decisive: provided always that convic- tions and sentences shall only be imposed by affirmative votes of at least three members of the Tribunal. 1546

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