London Charter of the International Military Tribunal
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 stipulated that crimes of the European Axis Powers could be tried. Three categories of crimes were defined: war crime
s, crimes against peace, and crimes against humanity. The charter also stated that holding an official position was no defense to war crimes. Obedience to orders could only be considered in mitigation of punishment if the Tribunal determined that justice so required.
The criminal procedure
used by the Tribunal 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 under the authority of the Moscow Declaration: Statement on Atrocities, which was agreed at the Moscow Conference (1943)
. It was drawn up in London, following the surrender of Germany on VE Day. It was drafted by Robert H. Jackson
, Robert Falco
, and Iona Nikitchenko
of the European Advisory Commission
, and issued on August 8, 1945.
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
.
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
were to be conducted.
The charter stipulated that crimes of the European Axis Powers could be tried. Three categories of crimes were defined: war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, crimes against peace, and crimes against humanity. The charter also stated that holding an official position was no defense to war crimes. Obedience to orders could only be considered in mitigation of punishment if the Tribunal determined that justice so required.
The criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
used by the Tribunal was closer to civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
than to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, with a trial before a panel of judges rather than a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
and with wide allowance for hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
evidence. Defendants who were found guilty could appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the verdict to the Allied Control Council
Allied Control Council
The Allied Control Council or Allied Control Authority, known in the German language as the Alliierter Kontrollrat and also referred to as the Four Powers , was a military occupation governing body of the Allied Occupation Zones in Germany after the end of World War II in Europe...
. In addition, they would be permitted to present evidence in their defense and to cross-examine
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
witnesses.
The Charter was developed under the authority of the Moscow Declaration: Statement on Atrocities, which was agreed at the Moscow Conference (1943)
Moscow Conference (1943)
The Third Moscow Conference between the major Allies of World War II took place from October 18 to November 11, 1943, at the Moscow Kremlin and Spiridonovka Palace....
. It was drawn up in London, following the surrender of Germany on VE Day. It was drafted by Robert H. Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...
, Robert Falco
Robert Falco
Robert Falco was a French judge during the Nuremberg trials after World War II. He was one of the main authors of the London Charter of the International Military Tribunal....
, and Iona Nikitchenko
Iona Nikitchenko
Major-General Iona Timofeevich Nikitchenko was a judge of the Supreme Court of the Soviet Union....
of the European Advisory Commission
European Advisory Commission
The formation of the European Advisory Commission was agreed on at the Moscow Conference on October 30, 1943 between the foreign ministers of the United Kingdom, Anthony Eden, the United States, Cordell Hull, and the Soviet Union, Molotov, and confirmed at the Tehran Conference in November...
, and issued on August 8, 1945.
The Charter and its definition of crimes against peace was also the basis of the Finnish
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
law, approved by the Finnish parliament
Parliament of Finland
The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :...
on 11 September 1945, that enabled the war-responsibility trials in Finland
War-responsibility trials in Finland
The war-responsibility trials in Finland was a trial of the Finnish wartime leaders held responsible for "definitely influencing Finland in getting into a war with the Soviet Union and United Kingdom in 1941 or preventing peace" during the Continuation War, 1941-1944. Unlike other World War II...
.
See also
- Cases before the International Criminal CourtCases before the International Criminal CourtSo far, the International Criminal Court The Court As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes...
- Carl SchmittCarl SchmittCarl Schmitt was a German jurist, philosopher, political theorist, and professor of law.Schmitt published several essays, influential in the 20th century and beyond, on the mentalities that surround the effective wielding of political power...
- Command responsibilityCommand responsibilityCommand responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
- Crime against humanityCrime against humanityCrimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
- Crime against peaceCrime against peaceA crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars 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"...
- Crimina juris gentium
- Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
- GenocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
- International humanitarian lawInternational humanitarian lawInternational humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
- International LawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
- Jus ad bellumJus ad bellumJus ad bellum is a set of criteria that are to be consulted before engaging in war, in order to determine whether entering into war is permissible; that is, whether it is a just war....
- Jus in bello
- List of war crimes
- Nuremberg PrinciplesNuremberg PrinciplesThe Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
- Nuremberg TrialsNuremberg TrialsThe Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
- Peace PalacePeace PalaceThe Peace Palace is a building situated in The Hague, Netherlands. It is often called the seat of international law because it houses the International Court of Justice , the Permanent Court of Arbitration, the Hague Academy of International Law, and the extensive Peace Palace Library.In addition...
- Superior ordersSuperior OrdersSuperior orders is a plea in a court of law that a soldier not be held guilty for actions which were ordered by a superior office...
(Pre-Nuremberg history of "I was just following superior orders") - War crimes
- War Crimes Act of 1996War Crimes Act of 1996The War Crimes Act of 1996 was passed with overwhelming majorities by the United States Congress and signed into law by President Bill Clinton....
External links
- Links to the International Conference on Military Trials : London, 1945. These documents helps to shows how the Charter reached its final form:
- Aide-Mèmoire from the Soviet Government June 14, 1945 contained in the Avalon ProjectAvalon ProjectThe Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library....
archive at Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
. - London, 1945 Amendments Proposed by the United Kingdom June 28, 1945. contained in the Avalon ProjectAvalon ProjectThe Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library....
archive at Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
.
- Aide-Mèmoire from the Soviet Government June 14, 1945 contained in the Avalon Project
- Nuremberg Trial Proceedings Vol. 1 Charter of the International Military Tribunal contained in the Avalon ProjectAvalon ProjectThe Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library....
archive at Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers... - Judgement : The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon ProjectAvalon ProjectThe Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library....
archive at Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, 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."