The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 103
AGREEMENT FOR THE PROSECUTION AND
PUNISHMENT OF THE MAJOR WAR CRIMINALS OF
THE EUROPEAN AXIS

Signed at London, 8 August 1945

INTRODUCTORY NOTE: In the course of World War II the Allied Governments issued several declarations concerning the punishment of war criminals. On 7 October 1942 it was announced that a United Nations War Crimes Commission would be set up for the investigation of war crimes. It was not, however, until 20 October 1943, that the actual establishment of the Commission took place. In the Moscow Declaration of 30 October 1943, the three main Allied Powers (United Kingdom, United States, USSR) issued a joint statement that the German war criminals should be judged and punished in the countries in which their crimes were committed, but that, “the major criminals, whose offences have no particular geographical localization”, would be punished “by the joint decision of the Governments of the Allies”. The Agreement reprinted below was drafted at a conference held in London from 26 June to 8 August 1945.

The International Military Tribunal for the Far East (Tokyo 1948) was established by a special proclamation of General MacArthur as the Supreme Commander in the Far East for the Allied Powers (not reproduced in the present volume).

ENTRY INTO FORCE: 8 August 1945.

AUTHENTIC TEXTS: English, French, Russian. The text below is reprinted from UNTS, Vol. 82, pp. 280–300.

TEXT PUBLISHED IN: UNTS, Vol. 82, pp. 280–311, No. 251 (Engl., French, Russ.); Hudson, Vol. IX, pp. 632–636 (Engl., French); GBTS, 1946, No. 27, Cmd. 6903 (Engl., French, Russ.); US Statutes at Large, Vol. 59, pp. 1544–1589 (Engl., French, Russ.); Bevans, Vol. III, pp. 1238–1247 (Engl.); AJIL, Vol. 39 1945, Suppl., pp. 257–264 (Engl.); Friedman, pp. 883–893 (Engl.); Benjamin B. Ferenz, Defining International Aggression. The Search for World Peace. Documentary History and Analysis Dobbs Ferry, Oceana Publications, 1975, pp. 406–414 (Engl.); Benjamin B. Ferenz, An International Criminal Court: a step towards world peace. A Documentary History and Analysis Dobbs Ferry, Oceana Publications, 1980, Vol. I, pp. 454–464 (Engl.); Global War Crimes Tribunal collection, J. Oppenheim, W. van der Wolf, Nijmegen, Global Law Association, 1997–1999, Vol. Ic, pp. 167–173 (Engl.); Henri Meyrowitz, La repression par les tribunaux allemands des crimes contre l'humanité et de l'appartenance à une organisation criminelle en application de la loi No. 10 du Conseil de Contrôle Allié. Paris, LGDJ, I960, pp. 476–487 (French); Droit des conflits armés, pp. 1299–1308 (French); Sbornik dogovorov SSSR, vyp. XI, 1955, pp. 165–172 (Russ. — extract); Mezhdunarodnoe pravo, Vol. III, pp. 393-403 (Russ. — extract); Blatova, pp. 825–831 (Russ. — extract). Web sites: ICRC: www.icrc.org/ihl.nsf; CD-ROM: International Humanitarian law, Version 5, 31 December 1998.

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