Page:United States Statutes at Large Volume 59 Part 2.djvu/864

 Aug. 8, 1945 59 STAT.] MULTILATERAL-WAR CRIMINALS--OCt. 6, 1945 Article 5. In case of need and depending on the number of the matters to be tried, other Tribunals may be set up; and the establishment, func- tions, and procedure of each Tribunal shall be identical, and shall be governed by this Charter. II. JURISDICTION AND GENERAL PRINCIPLES Article 6. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual re- sponsibility: (a) CRIMES AGAINST PEACE: namely, planning, preparation, ini- tiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participa- tion in a common plan or conspiracy for the accomplishment of any of the foregoing; (b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall 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; (c) CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; i'] or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the juris- diction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts per- formed by any persons in execution of such plan. ' [The contracting governments signed a protocol at Berlin on Oct. 6, 1945 (post, p . 1586) which provides that this semicolon in the English text should be changed to a comma.] Powers of Tribunal. Crimes. Responsibility of leaders, organizers. etc. 1547 Other Tribunals.

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