The Charter of the International Military Tribunal – Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis (usually referred to as the Nuremberg Charter or London Charter) was the decree issued by the

European Advisory Commission The formation of the European Advisory Commission (EAC) was agreed on at the Moscow Conference on 30 October 1943 between the foreign ministers of the United Kingdom, Anthony Eden, the United States, Cordell Hull, and the Soviet Union, Vyache ...

on 8 August 1945 that set down the rules and procedures by which the

Nuremberg trials The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945 ...

were to be conducted. This then served as a model for the

Tokyo Charter The International Military Tribunal for the Far East Charter (IMTFE Charter), also known as the Tokyo Charter, was the decree issued by General Douglas MacArthur, Supreme Commander for the Allied Powers in Allied-occupied Japan, on January ...

issued months later against the

Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...

. The charter stipulated that crimes of the European

Axis Powers The Axis powers, ; it, Potenze dell'Asse ; ja, 枢軸国 ''Sūjikukoku'', group=nb originally called the Rome–Berlin Axis, was a military coalition that initiated World War II and fought against the Allies. Its principal members were ...

could be tried. Three categories of crimes were defined:

crimes against peace A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an ...

, war crimes, and

crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

. Article 7 of 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 is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

used by the tribunal was closer to civil law than to

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

, with a trial before a panel of judges rather than a

jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...

and with wide allowance for

hearsay Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ...

evidence. Defendants who were found guilty could

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

the verdict to the

Allied Control Council The Allied Control Council or Allied Control Authority (german: Alliierter Kontrollrat) and also referred to as the Four Powers (), was the governing body of the Allied Occupation Zones in Germany and Allied-occupied Austria after the end of Wo ...

. In addition, they would be permitted to present evidence in their defense and to

cross-examine In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...

witnesses. The charter was developed by the European Advisory Commission under the authority of the Moscow Declaration: Statement on Atrocities, which was agreed at the

Moscow Conference (1943) The Third Moscow Conference between the major Allies of World War II took place during October 18 to November 11, 1943, at the Moscow Kremlin and Spiridonovka Palace. It was composed of major diplomats, ministers and generals, who discussed coopera ...

. It was drawn up in London, following the surrender of Germany on

VE Day Victory in Europe Day is the day celebrating the formal acceptance by the Allies of World War II of Germany's unconditional surrender of its armed forces on Tuesday, 8 May 1945, marking the official end of World War II in Europe in the Easter ...

. It was drafted by

Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the Supreme Court of the United States, Associate Justice of the Supreme Court of the Unit ...

Robert Falco Robert Falco (26 February 1882 – 14 January 1960) was a French judge at the Nuremberg trials, who later sat in the Cour de Cassation. Biography Falco was born in Paris into a Jewish family. His great-grandfather was decorated by Louis Philippe ...

, and

Iona Nikitchenko Major-General Iona Timofeevich Nikitchenko (Russian: Иона Тимофеевич Никитченко) (June 28, 1895 – April 22, 1967) was a judge of the Supreme Court of the Soviet Union. Early life and career Iona was born to a peasant f ...

of the European Advisory Commission and issued on 8 August 1945. The charter and its definition of crimes against peace was also the basis of the

Finnish Finnish may refer to: * Something or someone from, or related to Finland * Culture of Finland * Finnish people or Finns, the primary ethnic group in Finland * Finnish language, the national language of the Finnish people * Finnish cuisine See also ...

law, approved by the

Finnish parliament The Parliament of Finland ( ; ) is the unicameral and supreme legislature of Finland, founded on 9 May 1906. In accordance with the Constitution of Finland, sovereignty belongs to the people, and that power is vested in the Parliament. The ...

on 11 September 1945, that enabled the

war-responsibility trials in Finland The war-responsibility trials in Finland ( fi, Sotasyyllisyysoikeudenkäynti, sv, Krigsansvarighetsprocessen) were trials of the Finnish wartime leaders held responsible for "definitely influencing Finland in getting into a war with the Soviet U ...

. The agreement for the prosecution and punishment of the major war criminals of the European Axis and the annexed charter were formally signed by

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

, the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...

, the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

, and the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

on 8 August 1945. The agreement and charter were subsequently ratified by 20 other Allied states.RatificationsUnited Nations Treaty Series, vol. 82

References

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 Project The 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. The project contains online electronic copies of documents dating back to the be ...

archive at

Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...

. *
1945 Amendments Proposed by the United Kingdom
June 28, 1945. contained in the

archive at

.
Nuremberg Trial Proceedings Vol. 1 Charter of the International Military Tribunal
contained in the

archive at

Judgement: The Law Relating to War Crimes and Crimes Against Humanity
contained in the

archive at

, 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." {{Diplomatic history of World War II International humanitarian law treaties War crimes International criminal law treaties Politics of World War II 1945 in law Crimes against humanity Crime of aggression International Military Tribunal in Nuremberg World War II treaties Treaties concluded in 1945 1945 in international relations Treaties entered into force in 1945 1945 in London Treaties of Argentina Treaties of Belgium Treaties of Czechoslovakia Treaties of Denmark Treaties of the Ethiopian Empire Treaties of the Provisional Government of the French Republic Treaties of the Kingdom of Greece Treaties of Haiti Treaties of Honduras Treaties of British India Treaties of Luxembourg Treaties of the Netherlands Treaties of New Zealand Treaties of Norway Treaties of Panama Treaties of Paraguay Treaties of the Polish People's Republic Treaties of the Soviet Union Treaties of the United Kingdom Treaties of the United States Treaties of Uruguay Treaties of Venezuela Treaties of Yugoslavia Treaties establishing intergovernmental organizations History of Nuremberg