London Charter of the International Military Tribunal
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The London Charter of the International Military Tribunal (usually referred to simply as the London Charter) was the decree that set down the laws and procedures by which the Nuremberg trials were to be conducted.
The charter defined that only crimes of the European Axis could be tried. Three categories of crimes were defined: War crimes, Crimes against peace, and Crimes against humanity. The charter also stated that official position was no valid defense against War crimes. Obedience to orders could only be considered in mitigation of punishment if the Tribunal determined that justice so requires.
The criminal procedure used by the IMT was closer to civil law than to common law with a trial before a panel of judges rather than a jury trial and with wide allowance for hearsay evidence. Defendants who were found guilty could appeal the verdict to the Allied Control Council. In addition, they would be permitted to present evidence in their defense and to cross-examine witnesses.
The Charter was developed in London, following the surrender in Germany on VE day. It was drafted by Robert H. Jackson, Robert Falco, and Iona Nikitchenko, and issued on August 8, 1945.
See also
External links
- Nuremberg Trial Proceedings Vol. 1 Charter of the International Military Tribunal (http://www.yale.edu/lawweb/avalon/imt/proc/imtconst.htm) containd in the Avalon Project archive at Yale Law School
- Judgement : The Law Relating to War Crimes and Crimes Against Humanity (http://www.yale.edu/lawweb/avalon/imt/proc/judlawre.htm) containd in the Avalon Project archive at Yale Law School, contains the stated expansion of customary law "the Convention Hague 1907 expressly stated that it was an attempt 'to revise the general laws and customs of war,' which it thus recognised to be then existing, but by 1939 these rules laid down in the Convention were recognised by all civilised nations, and were regarded as being declaratory of the laws and customs of war which are referred to in Article 6 (b) of the Charter."de:Londoner Statut