百家争鸣
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[百家争鸣]->[郭国汀律师专栏]->[起诉和惩罚欧洲轴心国主要战争罪犯的国际军事法庭协议(纽伦堡宪章)]
郭国汀律师专栏
·西藏自古以来属于中国吗?
·西藏问题的实质
·自由法治宪政民主联邦体制是解决西藏问题的最佳方案
·达赖啦嘛最常使用的词汇
·达赖啦嘛的使命与梦想
·达赖啦嘛论西藏问题的实质
·达赖啦嘛论西藏文明文化和历史
·达赖啦嘛论解决西问题的原则
·达赖啦嘛论爱同情怜悯与慈悲
·达赖啦嘛论藏传佛教的价值
·是中共暴政而非汉族奴役迫害藏民族!
·新疆暴亂是中共流氓暴政故意利用民族茅盾转嫁统治危机人为泡制的惨案
·坚决支持藏民维民争自由,平等,人权,民主的英勇抗暴运动
·从图片新闻看达赖喇嘛的国际影响力
·达赖喇嘛语录郭国汀译
·蜡烛与阳光争辉------从温家宝批达赖喇嘛说开去
·达赖喇嘛代表流亡政府及全体藏民与中国政府和平谈判理所当然----兼与王希哲兄商榷
·三一四西藏暴乱事件的真相
·布什总统再度敦促中国(中共)与达赖喇嘛对话
·达赖喇嘛抵美国西图参加为期五天的慈善的科学基础大会,据称150000门票全部售出
·布什总统出席奥运开幕式已不确定
·达赖喇嘛今天重申不抵制奥运会
·布什总统决意出席奥运开幕式并非仅由于他性格顽固
***(47)人权律师法律实务
·郭国汀:中国人没有基本人权——2008年加拿大国会中国人权研讨会专稿
·我为何从海事律师转向人权律师?
·盛雪专访郭国汀从海事律师转变成人权律师的心路历程
·我从海事律师转变成人权律师的思想根源
·郭国汀律师受中共政治迫害的直接原因
·我从海事律师转变成人权律师的心路历程
·成为一名人权律师!---郭国汀律师专访
·一个中国人权律师的真实故事
·世界人权日感言/郭国汀
·人权漫谈/南郭
·人权佳话
·保障人权律师的基本人权刻不容缓
·不敢或不愿为法轮功作无罪辩护的律师,不是真正的人权律师!
·人权律师辩护律师必读之公正审判指南(英文)
·我为什么推崇中国人权律师浦志强?
·巴黎律师公会采访中国人权律师郭国汀
·
·人权律师的职责与使命----驳李建强关于严正学力虹案件的声明
·驳斥刘路有关六四屠城的荒唐谬论
·李建强律师与郭国汀律师的公开论战
·李建强与郭国汀律师的论战之二
·英雄多多益善!郭国汀
·英雄辈出的时代刘路千万别走错路 郭国汀
·答康平伙计关于郭律师与李建强之争
·揭穿刘荻的画皮----南郭与[三刘]之争不属刘家私事而是中国民主运动的公事
·刘荻的灵魂竟是如此[美丽] !
·废除或修改煽动颠覆国家政权罪思想监狱中国律师集体第一议案的诞生
·团结起来共同对敌 答刘路先生的公开信
·敦促刘路公开辩污的公开函
·敦促刘路公开辩污的最后通牒
·我为法轮功抗辩——答刘路质询函
***自由人权宪政共和民主之路争论
·中国人缺少宽容精神么?
·郭国汀评价刘晓波诺奖
·关于刘晓波是否合格人选答阮杰函
·郭国汀评刘晓波之伪无敌论
·中共怪异重判刘晓波的意图旨在克意扶持默契能控的民运‘领袖’
·质疑刘晓波先生盛赞俞可平民主论 郭国汀
·我愿意出任刘晓波2006/guoguoting/68
·郭国汀与刘晓波先生关于人民起义权利的对话
·刘晓波案之我见
·郭国汀预言刘晓波与中共之间的默契
·刘晓波虚伪有余而真诚不足
·强烈谴责中共专制暴政公然践踏法律枉法刑拘刘晓波先生!
·为什么应当支持刘晓波?
·郭国汀邀请刘晓波公开论战的函
·告别自由中国论坛网友公开函
·郭国汀:质疑一个刘晓波超过全部民运人士
***(48)人权律师思想辩护策略论战
·律师应当如何为颠复及煽动颠复国家政权罪抗辩?----就如何为郭泉、谢长发、刘晓波、谭作人等民主斗士抗辩答网友咨询
·辩护律师为法轮功讲真相案件辩护的基本原则 郭国汀
·真正的刑辩大律师! 郭国汀
·深入骨髓的奴性!
·《九评共产党》是没有价值的政治大字报?
·如何识别网警共特?----答毕时园伙计的质疑
·中共网络别动队业已渗透大量西方中文网站
·什么是南郭之一不怕死二不爱钱?
·答草兄及建强兄质疑
·答张鹤慈先生质疑
·刘荻为何害怕这篇文章? 中国知识分子死了!
·郭国汀答小乔函
***(49)重大人权案件辩护
·民运英雄杨天水危在旦夕
·强烈谴责中共暴政企图暗杀冯正虎先生的流氓下三滥作为!
·关注声援支持人权律师刘士辉,强烈抗议流氓暴政的政治迫害人权律师!
·呼吁全球华人关注支持民族英雄郭泉博士
·真正的知识分子英雄郭泉博士
·决不以出卖灵魂出卖人格尊严为代价打官司
·严正警告流氓无赖中共匪帮
·南郭警告胡锦涛别再玩火!
·强烈谴责中共暴政枉法滥捕自由作家谭作人先生
[列出本栏目所有内容]
欢迎在此做广告
起诉和惩罚欧洲轴心国主要战争罪犯的国际军事法庭协议(纽伦堡宪章)

起诉和惩罚欧洲轴心国主要战争罪犯的国际军事法庭协议(纽伦堡宪章)

   Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal. London, 8 August 1945.

   Full text [Display Introduction] [Display articles]

   AGREEMENT

   Whereas the United Nations have from time to time made declarations of their intention that war criminals shall be brought to justice;

   And whereas the Moscow Declaration of 30 October 1943, on German atrocities in Occupied Europe stated that those German officers and men and members of the Nazi Party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free Governments that will be created therein;

   And whereas this Declaration was stated to be without prejudice to the case of major criminals whose offences have no particular geographical location and who will be punished by the joint decision of the Governments of the Allies;

   Now therefore the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics (hereinafter called "the Signatories") acting in the interests of all the United Nations and by their representatives duly authorized thereto have concluded this Agreement.

   

   

   Article 1. There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offences have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities.

   

   

   Art. 2. The constitution, jurisdiction and functions of the International Military Tribunal shall be those set out in the Charter annexed to this Agreement, which Charter shall form an integral part of this Agreement.

   

   

   Art. 3. Each of the Signatories shall take the necessary steps to make available for the investigation of the charges and trial the major war criminals detained by them who are to be tried by the International Military Tribunal. The Signatories shall also use their best endeavours 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.

   

   

   Art. 4. Nothing in this Agreement shall prejudice the provisions established by the Moscow Declaration concerning the return of war criminals to the countries where they committed their crimes.

   

   

   Art. 5. Any Government of the United Nations may adhere to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other signatory and adhering Governments of each such adherence.

   

   

   Art. 6. Nothing in this Agreement shall prejudice the jurisdiction or the powers of any national or occupation court established or to be established in any Allied territory or in Germany for the trial of war criminals.

   

   

   Art. 7. This Agreement shall come into force on the day of signature and shall remain in force for the period of one year and shall continue thereafter, subject to the right of any Signatory to give, through the diplomatic channel, one month's notice of intention to terminate it. Such termination shall not prejudice any proceedings already taken or any findings already made in pursuance of this Agreement.

   

   In witness whereof the undersigned have signed the present Agreement.

   

   Done in quadruplicate in London this eighth day of August 1945, each in English, French and Russian, and each text to have equal authenticity.

   

   (Here follow signatures)

   

   

   CHARTER

   

   I : CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL

   

   Article 1. In pursuance of the Agreement signed on 8 August 1945, by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic 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.

   

   

   Art. 2. 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 fulfil his functions, his alternate shall take his place.

   

   

   Art. 3. 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 alternate for reasons of health or for other good reasons, except that no replacement may take place during a trial, other than by an alternate.

   

   

   Art. 4.

   (a) The presence of all four members of the Tribunal or the alternate 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 Tribunal takes place on the territory of one of the four Signatories, the representative of that Signatory on the Tribunal shall preside.

   (c) Save as aforesaid the Tribunal shall take decisions by a majority vote and in case the votes are evenly divided, the vote of the President shall be decisive; provided always that convictions and sentences shall only be imposed by affirmative votes of at least three members of theTribunal.

   

   

   Art. 5. In case of need and depending on the numbers of the matters to be Lied, other Tribunals may be set up; and the establishment, functions and procedure of each Tribunal shall be identical, and shall be governed by this Charter.

   

   

   II : JURISDICTION AND GENERAL PRINCIPLES

   

   Art. 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 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;

   (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 labour 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, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场