Article X The determinations of the International Military Tribunal in the judgments in Case No. 1 that invasions, aggressive acts, aggressive wars, crimes, atrocities or inhumane acts were planned or occurred, shall be binding on the tribunals established hereunder and shall not be questioned except insofar as the participation therein or knowledge thereof by any particular person may be concerned. Statements of the International Military Tribunal in the judgment in Case No. 1 constitute proof of the facts stated, in the absence of substantial new evidence to the contrary. Article XI The proceedings at the trial shall take the following course: a) The tribunal shall inquire of each defendant whether he has received and had an opportunity to read the indictment against him and whether he pleads "guilty" or "not guilty." b) The prosecution may make an opening statement. c) The prosecution shall produce its evidence subject to the cross examination of its witnesses. d) The defense may make an opening statement. e) The defense shall produce its evidence subject to the cross examination of its witnesses. f) Such rebutting evidence as may be held by the tribunal to be material may be produced by either the prosecution or the defense. g) The defense shall address the court. h) The prosecution shall address the court. i) Each defendant may make a statement to the tribunal. j) The tribunal shall deliver judgment and pronounce sentence. Article XII A Central Secretariat to assist the tribunals to be appointed hereunder shall be established as soon as practicable. The main office of the Secretariat shall be located in Nuernberg. The Secretariat shall consist of a Secretary General and such assistant secretaries, military officers, clerks, interpreters and other personnel as may be necessary. Article XIII The Secretary General shall be appointed by the Military Governor and shall organize and direct the work of the Secretariat. He shall be subject to the supervision of the members of the tribunals, except that when at least three tribunals shall be functioning, the presiding judges of the several tribunals may form the supervisory committee. The Secretariat shall Article XIV a) Be responsible for the administrative and supply needs of the Secretariat and of the several tribunals. b) Receive all documents addressed to tribunals. c) Prepare and recommend uniform rules of procedure, not inconsistent with the provisions of this Ordinance. d) Secure such information for the tribunals as may be needed for the approval or appointment of defense counsel. e) Serve as liaison between the prosecution and defense counsel. f) Arrange for aid to be given defendants and the prosecution in obtaining production of witnesses or evidence as authorized by the tribunals. g) Be responsible for the preparation of the records of the proceedings before the tribunals. h) Provide the necessary clerical, reporting and interpretative services to the tribunals and its members, and perform such other duties as may be required for the efficient conduct of the proceedings before the tribunals, or as may be requested by any of the tribunals. Article XV The judgments of the tribunals as to the guilt or the innocence of any defendant shall give the reasons on which they are based and shall be final and not subject to review. The sentences imposed may be subject to review as provided in Article XVII, infra. Article XVI The tribunal shall have the right to impose upon the defendant, upon conviction, such punishment as shall be determined by the tribunal to be just, which may consist of one or more of the penalties provided in Article II, Section 3 of Control Council Law No. 10. Article XVII a) Except as provided in (b) infra, the record of each case shall be forwarded to the Military Governor who shall have the power to mitigate, reduce or otherwise alter the sentence imposed by the tribunal, but may not increase the severity thereof. b) In cases tried before tribunals authorized by Article II (c) the sentence shall be reviewed jointly by the zone commanders of the nations involved, who may mitigate, reduce or otherwise alter the sentence, by majority vote, but may not increase the severity thereof. If only two nations are represented, the sentence may be altered only by the consent of both zone commanders. Article XVIII No sentence of death shall be carried into execution unless and until confirmed in writing by the Military Governor. In accordance with Article III, Section 5 of Law No. 10, execution of the death sentence may be deferred by not to exceed one month after such confirmation if there is reason to believe that the testimony of the convicted person may be of value in the investigation and trial of other crimes. Article XIX Upon the pronouncement of a death sentence by a tribunal established thereunder and pending confirmation thereof, the condemned will be remanded to the prison or place where he was confined and there be segregated from the other inmates, or be transferred to a more appropriate place of confinement. Article XX Upon the confirmation of a sentence of death the Military Governor will issue the necessary orders for carrying out the execution. Article XXI Where sentence of confinement for a term of years has been imposed the condemned shall be confined in the manner directed by the tribunal imposing sentence. The place of confinement may be changed from time to time by the Military Governor. Article XXII Any property declared to be forfeited or the restitution of which is ordered by a tribunal shall be delivered to the Military Governor, for disposal in accordance with Control Council Law No. 10, Article II (3). Article XXIII Any of the duties and functions of the Military Governor provided for herein may be delegated to the Deputy Military Governor. Any of the duties and functions of the Zone Commander provided for herein may be exercised by and in the name of the Military Governor and may be delegated to the Deputy Military Governor. This Ordinance becomes effective 18 October 1946. Appendix M MILITARY GOVERNMENT-GERMANY Ordinance No. 11 Amending Military Government Ordinance No. 7 of 18 October 1946, Entitled "Organization and Powers of Certain Military Tribunals" Article I Article V of Ordinance No. 7 is amended by adding thereto a new subdivision to be designated "g)", reading as follows: "g) The presiding judges, and, when established, the supervisory committee of presiding judges provided in Article XIII shall assign the cases brought by the Chief of Counsel for War Crimes to the various Military Tribunals for trial." Article II Ordinance No. 7 is amended by adding thereto a new article following Article V to be designated Article V-B, reading as follows: "a) A joint session of the Military Tribunals may be called by any of the presiding judges thereof or upon motion, addressed to each of the Tribunals, of the Chief of Counsel for War Crimes or of counsel for any defendant whose interests are affected, to hear argument upon and to review any interlocutory ruling by any of the Military Tribunals on a fundamental or important legal question either substantive or procedural, which ruling is in conflict with or is inconsistent with a prior ruling of another of the Military Tribunals. "b) A joint session of the Military Tribunals may be called in the same manner as provided in subsection a) of this Article to hear argument upon and to review conflicting or inconsistent final rulings contained in the decision or judgments of any of the Military Tribunals on a fundamental or important legal question, either substantive or procedural. Any motion with respect to such final ruling shall be filed within ten (10) days following the issuance of decision or judgment. "c) Decisions by joint sessions of the Military Tribunals unless thereafter altered in another joint session, shall be binding upon all the Military Tribunals. In the case of the review of final rulings by joint sessions, the judgments reviewed may be confirmed or remanded for action consistent with the joint decision. "d) The presence of a majority of the members of each Military Tribunal then constituted is required to constitute a quorum. "e) The members of the Military Tribunals shall, before any joint session begins, agree among themselves upon the selection from their number of a member to preside over the joint session. "f) Decisions shall be by majority vote of the members. If the votes of the members are equally divided, the vote of the member presiding over the session shall be decisive." Article III Subdivisions g) and h) of Article XI of Ordinance No. 7 are deleted; subdivision i) is relettered "h)"; subdivision j) is relettered "i)"; and a new subdivision, to be designated "g)", is added, reading as follows: "g) The prosecution and defense shall address the court in such order as the Tribunal may determine." This Ordinance becomes effective 17 February 1947 BY ORDER OF MILITARY GOVERNMENT. |