identifier: Tokyo draft Convention on the protection of civilians of enemy nationality, 1934

title: Draft International Convention on the Condition and Protection of Civilians of enemy nationality who are on territory belonging to or occupied by a belligerent. Tokyo, 1934.

text: Hague Regulations, article 18

text: Article 1.- Enemy civilians in the sense of the present Convention are persons fulfilling the two following conditions:

text: a) that of not belonging to the land, maritime or air armed forces of the belligerents, as defined by international law, and in particular by Articles 1 , 2 and 3 of the Regulations attached to the Fourth Hague Convention, of October 18, 1907, concerning the Laws and Customs of War on Land;

text: b) that of being the national of an enemy country in the territory of a belligerent, or in a territory occupied by the latter.

text: Article 1

text: Permission to leave.

text: Article 2.- Subject to the provisions of Article 4 , enemy civilians who may desire to leave the territory at the outset of military operations shall be granted, as rapidly as possible, the necessary authorizations, as well as all facilities compatible with such operations.

text: They will have the right to provide themselves with the necessary funds for their journey and to take with them at least their personal effects.

text: Article 2

text: Administrative evacuation.

text: Article 3.- In the event of the departure of civilians being administratively organised, they shall be conducted to the frontier of their country or of the nearest neutral country.

text: These repatriations shall be effected with due regard to all humanitarian considerations.

text: The manner of such repatriations may form the subject of special agreements between belligerents.

text: Article 3

text: Detention of Civilians.

text: Article 4.- Only civilians falling within the following categories may be held:

text: a) Those who are eligible for immediate mobilisation or mobilisation within a year, under the laws of their country of origin or of the country of residence;

text: b) those whose departure may reasonably be opposed on grounds involving the security of the Detaining Power.

text: In either case, appeal to the Protecting Power shall always be admitted. This Power shall have the right to demand that an inquiry be opened and the result communicated to it within three months of its request.

text: Article 4

text: Detainees.

text: Article 5.- Those who are in preventive imprisonment or condemned to a sentence depriving them of liberty shall, on their liberation, benefit by the provisions of the present Convention.

text: The fact that they belong to an enemy State shall not increase the severity of the regime to which they are subjected.

text: Article 5

text: Treatment of Civilians.

text: Article 6.- Enemy aliens who have remained in the territory, as those who have been held in application of Article 4 , shall receive the treatment to which aliens are ordinarily entitled, except for measures of control or security which may be ordered, and subject to the provisions of Section III.

text: With these reservations, and in so far as military operations permit, they will have the possibility of carrying on their occupations.

text: Article 6

text: Article 7.- Subject to the measures applied to the population in general, enemy civilians shall have the possibility of giving news of a strictly private character to next of kin, and of receiving such news.

text: With the same reservation they shall also have the possibility of receiving relief.

text: Article 7

text: Recognized Relief Societies.

text: Article 8.- Enemy civilians shall have every facility for application to duly recognised Relief Societies, whose object is to act as intermediaries in welfare activities.

text: These Societies shall receive, for this purpose, all facilities from the authorities, within the limits compatible with military necessities.

text: Article 8

text: Protection.

text: Article 9.- Enemy civilians shall be protected against measures of violence, insults and public curiosity.

text: Article 9

text: Prohibitions.

text: Article 10.- Measures of reprisal directed against them are prohibited.

text: Article 10

text: Article 11.- The taking of hostages is forbidden.

text: Article 11

text: Newcomers.

text: Article 12.- Enemy civilians who for any reason may be brought into the territory of a belligerent during hostilities shall benefit by the same guarantees as those who were in the territory at the outset of military operations.

text: Article 12

text: General Principles.

text: Article 13.- Should a belligerent country judge the measures of control or security mentioned in Article 6 as inadequate, it may have recourse to compulsory residence or internment, in conformity with the provisions of the present Section.

text: Article 13

text: Confinement.

text: Article 14.- As a general rule, the compulsory residence of enemy civilians in a specified district shall be preferred to their internment. In particular, those who are established in the territory of the belligerent shall, subject to the security of the State, be thus restricted.

text: Article 14

text: Internment.

text: Article 15.- The internment of enemy civilians in fenced-in camps may only be ordered in one of the following cases:

text: a) where civilians eligible for mobilisation under the conditions set forth in Article 4 (a) of the present Convention are concerned;

text: b) where the security of the Detaining Power is involved;

text: c) where the situation of the enemy civilians renders it necessary.

text: Article 15

text: Separate Camps and Health Conditions.

text: Article 16.- Internment camps for enemy civilians shall be separate from internment camps for prisoners of war.

text: These camps cannot be set up in unhealthy districts, nor where the climate would be harmful to the internees' health.

text: Article 16

text: Application of PoW Convention.

text: Article 17.- Furthermore, the Convention of July 27, 1929, concerning the treatment of Prisoners of War is by analogy applicable to Civilian Internees.

text: The treatment of civilian internees shall in no case be inferior to that laid down in the said Convention.

text: Article 17

text: Observation of the

text: Hague Regulations

text: Article 18.- The High Contracting Parties undertake to observe, as regards the condition and protection of enemy civilians in territory occupied by a belligerent, the provisions of Section III of the Regulations annexed to the Fourth Hague Convention, of 1907.

text: Article 18

text: Additional Provisions.

text: Article 19.- The High Contracting Parties further undertake to observe the following provisions:

text: a) In the event of it appearing, in an exceptional case, indispensable for an occupying Power to take hostages, the latter shall always be treated humanely. Under no pretext shall they be put to death or submitted to corporal punishments;

text: b) Deportations outside the territory of the occupied State are forbidden, unless they are evacuations intended, on account of the extension of military operations, to ensure the security of the inhabitants;

text: c) Enemy civilians shall have the possibility of giving news of a strictly private character to next of kin in the interior of occupied territory and of receiving such news. The same possibility shall be granted for correspondence with the exterior, subject to the measures applied to the population of the occupying Power, in general. With the same reservation enemy civilians shall have the possibility of receiving relief.

text: d) Enemy civilians shall also benefit by the provisions of Article 8 of the present Convention.

text: Article 19

text: Application and Execution.

text: Article 20.- The provisions of the present Convention shall be respected by the High Contracting Parties in all circumstances.

text: In the event that, in time of war, one of the belligerents should not be a party to the Convention, its provisions shall nevertheless remain obligatory between the belligerents parties thereto.

text: Article 20

text: Article 21.- The text of the present Convention and of the special Conventions foreseen in Article 3 shall be posted up in all civilian internment centres and shall be communicated, at their request to those who are unable to consult it.

text: Article 21

text: Article 22.- The High Contracting Powers shall exchange, through the intermediary of the Swiss Federal Council, the official translations of the present Convention, as well as the laws and regulations which they may be called upon to adopt to ensure its application.

text: Article 22

text: Protecting Power, Delegates.

text: Article 23.- The High Contracting Parties recognise that the full execution of the present Convention implies the cooperation of Protecting Powers; they declare themselves ready to accept the good offices of these Powers.

text: To this end, the Protecting Powers may nominate delegates, apart from their diplomatic staff, among their own nationals or among the nationals of other neutral Powers. These delegates shall be subject to the agreement of the belligerent to which their mission accredits them.

text: The representatives of the Protecting Power or its accepted delegates shall be authorised to visit all places of civilian internment, without exception. They shall have access to all buildings occupied by civilian internees and be allowed to converse with them, as a general rule without witnesses, personally or by the intermediary of interpreters.

text: The belligerents shall facilitate to the greatest possible extent the task of the representatives or of the recognized delegates of the Protecting Power. The military authorities shall be informed of their visits.

text: The belligerents may agree between themselves to allow persons of the same nationality as that of the civilian internees to participate in the journeys of inspection.

text: Article 23

text: Interpretation of the Convention; Conferences.

text: Article 24.- In case of disagreement between belligerents concerning the application of the provisions of the present Convention, the Protecting Powers shall, as far as possible, exercise their good offices with a view to settling the difference.

text: To this end, each of the Protecting Powers may, in particular, propose to the belligerents concerned a meeting of their representatives, possibly on properly selected neutral territory. The belligerents shall be under the obligation to take action on the proposals made to them to this effect. The Protecting Power may, if judged desirable, submit to the approval of the Powers concerned the name of a person belonging to a neutral Power, or of a personality delegated by the International Committee of the Red Cross, who shall be called upon to participate in this meeting.

text: Article 24

text: International Committee of the Red Cross.

text: Article 25.- The above provisions do not constitute an obstacle to the humanitarian activity which the International Committee of the Red Cross may exercise for the protection of enemy civilians, with the approval of the belligerents concerned.

text: Article 25

text: Article 26.- The present Convention, which bears the date of this day, is open for signature until ........................., in the name of all the countries represented at the Conference.

text: Article 26

text: Article 27.- The present Convention shall be ratified as soon as possible. The ratifications shall be deposited in Bern.

text: A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to the Governments of all the countries in whose name the Convention has been signed or whose accession has been notified.

text: Article 27

text: Article 28.- The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

text: Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.

text: Article 28

text: Article 29.- From the date of its coming into force, the present Convention shall be open for accession in the name of any country in whose name the Convention has not been signed.

text: Article 29

text: Article 30.- Accessions shall be notified in writing to the Swiss Federal Council and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to the Governments of all the countries in whose name the Convention has been signed or whose accession has been notified.

text: Article 30

text: Article 31.- A state of war shall give immediate effect to the ratifications deposited and accessions notified by the belligerent Powers before or after the beginning of hostilities. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from belligerent Powers.

text: Article 31

text: Article 32.- Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall not take effect until one year after the notification thereof has been made in writing to the Swiss Federal Council.

text: The Swiss Federal Council shall transmit the notification to the Governments of all the High Contracting Parties.

text: The denunciation shall have effect only in respect of the denouncing High Contracting Party.

text: Moreover, the denunciation shall not take effect during a war in which the denouncing Power is involved. In such a case, the present Convention shall continue to have effect, beyond the period of one year, until peace has been concluded and, in any event, until repatriation operations have been completed.

text: Article 32

text: Article 33.- The Swiss Federal Council shall deposit a certified copy of the present Convention in the archives of the League of Nations. The Swiss Federal Council shall also inform the League of Nations of the ratifications, accessions and denunciations that have been notified to it.

text: Article 33

summary: This draft originated in the exactions suffered by innumerable civilian victims during World War I. As of the end of this conflict, the need to ensure mandatory legal protection for civilians became abundantly clear. In this context, several International Conferences of the Red Cross (Tenth in 1921; Eleventh in 1923, and Twelfth in 1925, all in Geneva) adopted Resolutions inviting the ICRC to undertake action in this field. The Final Act of the Diplomatic Conference of 1929 recalled the unanimous wish of participants "that an extensive examination be made with a view to concluding and international convention on the condition and protection of enemy civilians on the territory of a belligerent or on territory occupied by him". In response to these requests, the ICRC set up a commission of experts who were set the task of drawing up a draft convention. Two categories of civilians were to be protected by this instrument: 1. enemy civilians on the territory of a belligerent 2. civilians in the power of the enemy in occupied territories. Whereas the protection of the first category of civilians constituted an entirely new idea, the work on the protection of civilians in occupied territories aimed to complete and specify the regulations set forth in Articles 42-56 of the "Regulations concerning the law and customs of war on land", annexed to the Convention (IV) of the Hague of 1907. The draft prepared by the Commission was adopted at the fifteenth International Conference of the Red Cross in Tokyo in 1934 and contains four distinct subjects: I. The status of enemy civilians II. Enemy civilians on the territory of a belligerent III. Enemy civilians on the territory occupied by a belligerent IV. Implementation of the Convention. The draft was to be discussed at the Diplomatic Conference convened by the Swiss government at the beginning of 1940 but the outbreak of hostilities prevented this meeting from taking place. Nonetheless, from the very first days of the war, the ICRC proposed that belligerents put the Tokyo Draft into effect but this proposal was rejected. It was not until 1949 that the proposals contained in the Tokyo Draft were reconsidered. They offered an extremely important basis for discussions which led to the adoption of the Geneva Convention (IV) of 1949.


doctype: treaty

identifier: Roerich Pact for the Protection of Artistic and Scientific Institutions, 1935

depositary: Organization of American States (OAS)

languages: English Spanish French Portuguese

publisher: International Committee of the Red Cross

title: Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (Roerich Pact). Washington, 15 april 1935.

action: accession

country: Guatemala

action: signature

country: Cuba

country: Bolivia

country: Mexico

country: Haiti

country: Ecuador

country: Brazil

country: Colombia

country: Uruguay

country: Dominican Republic

country: Peru

country: Argentina

country: Panama

country: El Salvador

country: Honduras

country: Costa Rica

country: Chile

country: Venezuela

country: United States of America

country: Paraguay

country: Nicaragua

text: The High Contracting Parties, animated by the purpose of giving conventional form to the postulates of the resolution approved on 16 December 1933, by all the States represented at the Seventh International Conference of American States, held at Montevideo, which recommended to "the Governments of America which have not yet done so that they sign the 'Roerich Pact', initiated by the 'Roerich Museum' in the United States, and which has as its object the universal adoption of a flag, already designed and generally known, in order thereby to preserve in any time of danger all nationally and privately owned immovable monuments which form the cultural treasure of peoples, "have resolved to conclude a Treaty with that end in view and to the effect that the treasures of culture be respected and protected in time of war and in peace, have agreed upon the following Articles:

type: stycke

text: Preamble

type: artikel

text: Article 1. The historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents.

text: The same respect and protection shall be due to the personnel of the institutions mentioned above.

text: The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.

ordinal: I

text: Article I

text: Art. 2. The neutrality of, and protection and respect due to, the monuments and institutions mentioned in the preceding Article , shall be recognized in the entire expanse of territories subject to the sovereignty of each of the Signatory and Acceding States, without any discrimination as to the State allegiance of said monuments and institutions. The respective Governments agree to adopt the measures of internal legislation necessary to insure said protection and respect.

ordinal: II

text: Article II

text: Art. 3. In order to identify the monuments and institutions mentioned in Article I , use may be made of a distinctive flag (red circle with a triple red sphere in the circle on a white background) in accordance with the model attached to this Treaty.

text: Model attached

ordinal: III

text: Article III

text: Art. 4. The Signatory Governments and those which accede to this Treaty shall send to the Pan American Union, at the time of signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed to in this Treaty.

text: The Pan American Union, when notifying the Governments of signatures or accessions, shall also send the list of monuments and institutions mentioned in this Article, and shall inform the other Governments of any changes in said list.

ordinal: IV

text: Article IV

text: Art. 5. The monuments and institutions mentioned in Article 1 shall cease to enjoy the privileges recognized in the present Treaty in case they are made use of for military purposes.

ordinal: V

text: Article V

text: Art. 6. The States which do not sign the present Treaty on the date it is opened for signature may sign or adhere to it at any time.

ordinal: VI

text: Article VI

text: Art. 7. The instruments of accession, as well as those of ratification and denunciation of the present Treaty, shall be deposited with the Pan American Union, which shall communicate notice of the act of deposit to the other Signatory of Acceding States.

ordinal: VII

text: Article VII

text: Art. 8. The present Treaty may be denounced at any time by any of the Signatory or Acceding States, and the denunciation shall go into effect three months after notice of it has been given to the other Signatory or Acceding States.

text: In witness whereof the undersigned Plenipotentiaries, after having deposited their full powers, found to be in due and proper form, sign this Treaty on behalf of their respective Governments, and affix thereto their seals, on the dates appearing opposite their signatures.

text: (Here follow signatures)

ordinal: VIII

text: Article VIII

summary: Provision was made for the special protection of cultural property in earlier treaties, particularly in Article 27 of the Hague Regulations of 1899 and 1907 and Article 5 of the Hague Convention (IX) concerning Bombardment by Naval Forces in Time of War of 1907. These provisions make it the duty of the inhabitants to indicate cultural property by distinctive signs. Further provisions were included in the Hague Rules of Air Warfare of 1922/23, especially in Articles 25 and 26. Following a suggestion made by Professor Nicholas Roerich, a draft treaty was prepared at the request of the Roerich Museum of New York by Mr. Georges Chklaver of the Institut des Hautes Etudes Internationales of the University of Paris and was thereupon discussed by the International Museums Office of the League of Nations. Private conferences held at Bruges in 1931 and 1932 and at Washington in 1933 recommended its adoption by governments. In 1933, the Seventh International Conference of American States recommended the signature of the Roerich Pact. The treaty was then drawn up by the Governing Board of the Pan-American Union and signed on 15 April 1935. In conformity with Article 36, paragraph 2 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, it is supplementary to the Roerich Pact in the relations between States which are bound by these two treaties. Furthermore, the distinctive flag under Article III of the Pact is replaced by the distinctive sign in Article 16 of the Convention of 1954.

type: internationell-overenskommelse


identifier: Procès-verbal on Submarine Warfare of the Treaty of London, 1936

languages: English French

title: Procès-verbal relating to the Rules of Submarine Warfare set forth in Part IV of the Treaty of London of 22 April 1930. London, 6 November 1936.

country: Haiti

country: Egypt

country: Türkiye

country: Islamic Republic of Iran

country: South Africa

country: Japan

country: Switzerland

country: Mexico

country: Austria

country: Italy

country: Nepal

country: Canada

country: Holy See

country: Australia

country: Fiji

action: succession

country: Slovakia

country: Poland

country: Finland

country: Lithuania

country: India

country: New Zealand

country: Latvia

country: Iraq

country: Tonga

country: Czech Republic

country: Bulgaria

country: Denmark

country: Norway

country: Thailand

country: Estonia

country: France

country: Guatemala

country: Albania

country: Saudi Arabia

country: Russian Federation

country: Netherlands

country: Germany

country: Afghanistan

country: Sweden

country: Ireland

country: Greece

text: Whereas the Treaty for the Limitation and Reduction of Naval Armaments signed in London on 22 April 1930, has not been ratified by all the Signatories;

text: And whereas the said Treaty will cease to be in force after 31 December 1936, with the exception of Part IV thereof, which sets forth rules as to the action of submarines with regard to merchant ships as being established rules of international law, and remains in force without limit of time;

text: And whereas the last paragraph of Article 22 in the said Part IV states that the High Contracting Parties invite all other Powers to express their assent to the said rules;

text: And whereas the Governments of the French Republic and the Kingdom of Italy have confirmed their acceptance of the said rules resulting from the signature of the said Treaty;

text: And whereas all the Signatories of the said Treaty desire that as great a number of Powers as possible should accept the rules contained in the said Part IV as established rules of international law;

text: The undersigned, representatives of their respective Governments, bearing in mind the said Article 22 of the Treaty, hereby request the Government of the United Kingdom of Great Britain and Northern Ireland forthwith to communicate the said rules, as annexed thereto, to the Governments of all Powers which are not Signatories of the said Treaty, with an invitation to accede thereto definitely and without limit of time.

text: Rules

text: (1). In their action with regard to merchant ships, submarines must conform to the rules of international law to which surface vessels are subject.

text: (2). In particular, except in the case of persistent refusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether surface vessel or submarine, may not sink or render incapable of navigation a merchant vessel without having first placed passengers, crew and ship's papers in a place of safety. For this purpose the ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured, in the existing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board.

text: Signed in London, the sixth day of November, nineteen hundred and thirty-six.

text: (Here follow signatures)

text: Procès-verbal

summary: The Powers which have signed the abortive Treaty of Washington of 1922 relating to the use of Submarines and Noxious Gases in Warfare, concluded the Treaty of London for the Limitation and Reduction of Naval Armaments of 22 April 1930. Article 22 deals with the use of submarines in warfare. It was laid down in the Treaty that this Article - being declaratory of international law - should remain in force without limit of time (Article 23). Accordingly, when the Treaty of 1930 expired on 31 December 1936, Article 22 remained in force. However, in view of the last paragraph of Article 22, which states that the Contracting Parties invite all others Powers to express their assent to the rules embodied in this Article, a procès-verbal was signed on 6 November 1936 which incorporates verbatim the provisions of Article 22 of the Treaty of 1930. A considerable number of States acceded to this procès-verbal.


identifier: Nyon Agreement, 1937

depositary: United Nations

reference: Nyon Agreement, 1937

title: The Nyon Agreement, 14 September 1937.

country: Egypt

country: Türkiye

country: Romania

country: Serbia

country: United Kingdom of Great Britain and Northern Ireland

text: Whereas arising out of the Spanish conflict attacks have been repeatedly committed in the Mediterranean by submarines against merchant ships not belonging to either of the conflicting Spanish parties; and

text: Whereas these attacks are violations of the rules of international law referred to in Part IV of the Treaty of London of 22 April 1930, with regard to the sinking of merchant ships and constitute acts contrary to the most elementary dictates of humanity, which should be justly treated as acts of piracy; and

text: Whereas without in any wily admitting the right of either party to the conflict in Spain to exercise belligerent rights or to interfere with merchant ships on the high seas even if the laws of warfare at sea are observed and without prejudice to the right of any participating Power to take such action as may be proper to protect its merchant shipping from any kind of interference on the high seas or to the possibility of further collective measures being agreed upon subsequently, it is necessary in the first place to agree upon certain special collective measures against piratical acts by submarines:

text: In view thereof the undersigned, being authorized to this effect by their respective Governments, have met in conference at Nyon between the 9 and the 14 September 1937, and have agreed upon the following provisions which shall enter immediately into force:

text: Preamble

text: I. The participating Powers will instruct their naval forces to take the action indicated in paragraphs II and III below with a view to the protection of all merchant ships not belonging to either of the conflicting Spanish parties.

text: Article I

text: II. Any submarine which attacks such a ship in a manner contrary to the rules of international law referred to in the International Treaty for the Limitation and Reduction of Naval Armaments signed in London on 22 April 1930, and confirmed in the Protocol signed in London on 6 November 1936, shall be counter-attacked and, if possible, destroyed.

text: Article II

text: III.The instruction mentioned in the preceding paragraph shall extend to any submarine encountered in the vicinity of a position where a ship not belonging to either of the conflicting Spanish parties has recently been attacked in violation of the rules referred to in the preceding paragraph in circumstances which give valid grounds for the belief that the submarine was guilty of the attack.

text: Article III

text: IV. In order to facilitate the putting into force of the above arrangements in a practical manner, the participating Powers have agreed upon the following arrangements:

text: 1. In the western Mediterranean and in the Malta Channel, with the exception of the Tyrrhenean Sea, which may form the subject of special arrangements, the British and French fleets will operate both on the high seas and in the territorial waters of the participating Powers, in accordance with the division of the area agreed upon between the two Governments.

text: 2. In the eastern Mediterranean,

text: (a) Each of the participating Powers will operate in its own territorial waters;

text: (b) On the high seas, with the exception of the Adriatic Sea, the British and French fleets will operate up to the entrance to the Dardanelles, in those areas where there is reason to apprehend danger to shipping in accordance with the division of the area agreed upon between the two Governments. The other participating Governments possessing a sea border on the Mediterranean undertake, within the limit of their resources, to furnish these fleets any assistance that may be asked for; in particular, they will permit them to take action in their territorial waters and to use such of their ports as they shall indicate.

text: 3. It is further understood that the limits of the zones referred to in sub-paragraphs I and 2 above, and their allocation shall be subject at any time to revision by the participating Powers in order to take account of any charge in the situation.

text: Article IV

text: V. The participating Powers agree that, in order to simplify the operation of the above-mentioned measures, they will for their part restrict the use of their submarines in the Mediterranean in the following manner:

text: (a) Except as stated in (b) and (c) below, no submarine will be sent to sea within the

text: Mediterranean.

text: (b) Submarines may proceed on passage after notification to the other participating Powers, provided that they proceed on the surface and are accompanied by a surface ship.

text: (c) Each participating Power reserves for purposes of exercises certain areas defined in Annex I hereto in which its submarines are exempt from the restrictions mentioned in (a) or (b).

text: The participating Powers further undertake not to allow the presence in their respective territorial waters of any foreign submarines except in case of urgent distress, or where the conditions prescribed in sub-paragraph (b) above are fulfilled.

text: Article V

text: VI. The participating Powers also agree that, in order to simplify the problem involved in carrying out the measures above described, they may severally advise their merchant shipping to follow certain main routes in the Mediterranean agreed upon between them and defined in Annex II hereto.

text: Article VI

text: VII. Nothing in the present agreement restricts the right of any participating Power to send its surface vessels to any part of the Mediterranean.

text: Article VII

text: VIII. Nothing in the present agreement in any way prejudices existing international engagements which have been registered with the Secretariat of the League of Nations.

text: Article VIII

text: IX. If any of the participating Powers notifies its intention of withdrawing from the present arrangement, the notification will take effect after the expiry of thirty days and any of the other participating Powers may withdraw on the same date if it communicates its intention to this effect before that date.

text: Done at Nyon, this fourteenth day of September nineteen hundred and thirty-seven, in a single copy, in the English and French languages, both texts being equally authentic, and which will be deposited in the archives of the Secretariat of the League of Nations.

ordinal: IX

text: Article IX

summary: During the Spanish Civil War, nine Powers agreed to take collective measures to suppress attacks by submarines against merchant vessels. The Agreement refers in the preamble to the provisions of the London Treaty of 1930 and the procès-verbal of 1936 concerning submarine warfare. In the Supplementary Agreement of 17 September 1937 the same Powers made the principles of the first Agreement applicable to attacks by surface vessels and aircraft.

title: The Nyon Agreement, 14 September 1937.


identifier: Nyon Agreement supplement, 1937

reference: Nyon Agreement supplement, 1937

title: Agreement supplementary to The Nyon Agreement. Geneva, 17 September 1937.

country: Bulgaria

text: Whereas under the arrangement signed at Nyon on 14 September 1937, whereby collective measures were agreed upon relating to piratical acts by submarines in the Mediterranean, the participating Powers reserved the possibility of taking further collective measures; and

text: Whereas it is now considered expedient that such measures should be taken against similar acts by surface vessels and aircraft;

text: In view thereof, the undersigned, being authorized to this effect by their respective Governments, have met in conference at Geneva on the seventeenth day of September and have agreed upon the following provisions which shall enter immediately into force:

text: Preamble

text: I. The present Agreement is supplementary to the Nyon Arrangement and shall be regarded as an integral part thereof.

text: Article I

text: II. The present Agreement applies to any attack by a surface vessel or an aircraft upon any merchant vessel in the Mediterranean not belonging to either of the conflicting Spanish parties, when such attack is accompanied by a violation of the humanitarian principles embodied in the rules of international law with regard to warfare at sea, which are referred to in Part IV of the Treaty of London of 22 April 1930, and confirmed in the Protocol signed in London on 6 November 1936.

text: Article II

text: III. Any surface war vessel, engaged in the protection of merchant shipping in conformity with the Nyon Arrangement, which witnesses an attack of the kind referred to in the preceding paragraph shall:

text: (a) If the attack is committed by an aircraft, open fire on the aircraft;

text: (b) If the attack is committed by a surface vessel, intervene to resist it within the limits of its powers, summoning assistance if such is available and necessary.

text: In territorial waters each of the participating Powers concerned will give instructions as to the action to be taken by its own war vessels in the spirit of the present Agreement.

text: Done at Geneva, this seventeenth day of September 1937, in the English and French languages, both texts being equally authentic, in a single copy which will be deposited in the archives of the Secretariat of the League of Nations.

text: Article III


identifier: Amsterdam Draft Convention for the Protection of Civilians, 1938

title: Draft Convention for the Protection of Civilian Populations Against New Engines of War. Amsterdam, 1938.

text: All the High Contracting Parties,

text: Affirming their fidelity to their obligations under the Pact of Paris of 27 August 1928,

text: Declaring that in any war which they may wage they would necessarily be the victims of aggression, or such war would on their part be a war of legitimate assistance to a victim of aggression,

text: Undertaking to observe the following rules, which they acknowledge to embody principles of humanity demanded by the conscience of civilization,

text: Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries....................

text: Who, having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:

text: Preamble

text: Article 1. The civilian population of a State shall not form the object of an act of war. The phrase "civilian population" within the meaning of this Convention shall include all those not enlisted in any branch of the combatant services nor for the time being employed or occupied in any belligerent establishment as defined in Article 2.

text: Article 1

text: Art. 2. The bombardment by whatever means of towns, ports, villages or buildings which are undefended is prohibited in all circumstances. A town, port, village or isolated building shall be considered undefended provided that not only (a) no combatant troops, but also (b) no military, naval or air establishment, or barracks, arsenal, munition stores or factories, aerodromes or aeroplane workshops or ships of war, naval dockyards, forts, or fortifications for defensive or offensive purposes, or entrenchments (in this Convention referred to as "belligerent establishments") exist within its boundaries or within a radius of "x" kilometres from such boundaries.

text: Article 2

text: Art. 3. The bombardment by whatever means of towns, ports, villages or buildings which are defended is prohibited at any time (whether at night or day) when objects of military character cannot be clearly recognized.

text: Article 3

text: Art. 4. Aerial bombardment for the purpose of terrorising the civilian population is expressly prohibited.

text: Article 4

text: Art. 5. 1. Aerial bombardment is prohibited unless directed at combatant forces or belligerent establishments or lines of communication or transportation used for military purposes.

text: 2. In cases where the objectives above specified are so situated that they cannot be bombarded without the indiscriminate bombardment of the civilian population, the aircraft must abstain from bombardment.

text: Article 5

text: Art. 6. The use of chemical, incendiary or bacterial weapons as against any State, whether or not a party to the present Convention, and in any war, whatever its character, is prohibited.

text: The application of this rule shall be regulated by the following three articles [ Link ] .

text: Article 6

text: Art. 7. (a) The prohibition of the use of chemical weapons shall apply to the use, by any method whatsoever, for the purpose of injuring an adversary, of any natural or synthetic substance (whether solid, liquid or gaseous) which is harmful to the human or animal organism by reason of its being a toxic, asphyxiating, irritant or vesicant substance.

text: (b) The said prohibition shall not apply:

text: I. to explosives that are not in the last-mentioned category;

text: II. to the noxious substances arising from the combustion or detonation of such explosives, provided that such explosives have not been designed or used with the object of producing such noxious substances;

text: III. to smoke or fog used to screen objectives or for other military purpose, provided that such smoke or fog is not liable to produce harmful effects under normal conditions of use;

text: IV. to gas that is merely lachrymatory.

text: Article 7

text: Art. 8. The prohibition of the use of incendiary weapons shall apply to projectiles specifically intended to cause fires except when used for defence against aircraft. The prohibition shall not apply:

text: I. to projectiles specially constructed to give light or to be luminous;

text: II. to pyrotechnics not normally likely to cause fires;

text: III.to projectiles of all kinds which, though capable of producing incendiary effects accidentally, are not normally likely to produce such effects;

text: IV. to incendiary projectiles designed specifically for defence against aircraft when used exclusively for that purpose;

text: V. to appliances, such as flame-projectors, used to attack individual combatants by fire.

text: Article 8

text: Art. 9. The prohibition of the use of bacterial weapons shall apply to the use for the purpose of injuring an adversary of all methods for the dissemination of pathogenic microbes or of filter-passing viruses, or of infected substances, whether for the purpose of bringing them into immediate contact with human beings, animals or plants, or for the purpose of affecting any of the latter in any manner whatsoever, as, for example, by polluting the atmosphere, water, foodstuffs or any other objects of human use or consumption.

text: Article 9

text: Art. 10. For the purpose of better enabling a State to obtain protection for the non-belligerent part of its civil population, a State may, if it thinks fit, declare a specified part or parts of its territory to be a "safety zone" or "safety zones" and, subject to the conditions following, such safety zones shall enjoy immunity from attack or bombardment by whatsoever means, and shall not form the legitimate object of any act of war.

text: Article 10

text: Art. 11. A safety zone shall consist of either:

text: (a) a camp specially erected for that purpose and so situated as to ensure that there is no defended town, port, village or building within "x" kilometres of any part of such camp, or

text: (b) an undefended town, port, village or building as defined in Article 2 .

text: Article 11

text: Art. 12. The inhabitants of a safety zone shall consist of persons who form part of the non-combatant civil population of the State concerned, and shall comprise only the following classes of persons:

text: (a) persons over the age of 60 years,

text: (b) persons under the age of 15 years,

text: (c) persons between 15 and 60 years of age who, by reason of physical or mental infirmity, or by reason of their being expectant mothers or mothers who are suckling infants, are unfit or unable to take part in any work that would enable the State concerned to carry on the war. The question whether any person is or is not within this category is one for the decision of the Controlling Authority hereafter referred to, and

text: (d) such other persons (not exceeding in the aggregate five percent of the number of such non-combatants) as shall be necessary for the purpose of tending such non-combatants and maintaining law and order within the safety zone, as well as the Controlling Authority hereafter referred to.

text: Article 12

text: Art. 13. The situation of any such safety zone and the road, permanent way, river or canal whereby supplies will be brought to such safety zone shall be notified to other Powers in time of peace through diplomatic channels by means of a map and written description, and such notification shall indicate the precise site and limits of the zone. In time of war such notification shall be given through the agency of one of the States signatory to this Convention and not participating in the war. It shall be the duty of such State forthwith to inform directly the Governments of all States actively concerned in any such war of the contents of such notification, and as soon as may be to acquaint therewith the representatives of all States accredited to its Government and not actively participating in such war. A safety zone notified in time of war shall not be deemed to be such until the expiration of 48 hours after such State as aforesaid has informed the Governments of all States actively concerned in any such war as aforesaid.

text: Article 13

text: Art. 14. Such safety zones must be circular in shape and clearly indicated by marks visible by day to aircraft, and the nature of such marks shall be set out in the notification to other Powers as provided in the last-mentioned Article . The marks used for its safety zones by a State must all be of the same size, colour and pattern. The distinctive flag of the Geneva Convention shall not be used as a mark for such safety zones, nor shall the national flag of any State be so used.

text: Article 14

text: Art. 15. It shall be unlawful during time of war to export any article whatsoever from any such safety zone.

text: Article 15

text: Art. 16. No person other than those specified in Article 12 shall during time of war be permitted to enter any such safety zone. It shall be lawful for the purposes of providing food, clothing and other necessaries of life to those within the zones for transport services (whether by land, sea or air) to proceed as far as the limits of the safety zone as indicated in the notification to other Powers, but not to enter within or fly over such limits, and to remain there for such period only as shall enable the articles transported to be unloaded. For such period as it is engaged upon or returning from such service, and provided it bears the same distinctive marks as those by which such safety zone is indicated, any railway, motor, steam or electric vehicle, ship or aircraft shall whilst within "x" kilometres of any part of the safety zone enjoy the same immunity as such safety zone, and such immunity shall extend to the road, permanent way, river or canal (so far as the same is within the said "x" kilometres of any part of the safety zone) along which such railway, vehicle or ship must necessarily travel in bringing supplies to or returning from the safety zone. No road, permanent way, river or canal which shall have been used for military purposes at any time whilst the safety zone existed as such shall be entitled to the immunity aforesaid.

text: Article 16

text: Art. 17. Every safety zone shall in time of war be subject to the supervision of a Controlling Authority composed of one or more nationals of a non-belligerent State, and it shall be the duty of such Controlling Authority to satisfy itself that the rules herein contained relating to the establishment of safety zones are in all respects complied with. The Controlling Authority shall be accorded every facility for the carrying out of its duties by the Government of the State concerned, and shall enjoy diplomatic privileges.

text: Article 17

text: Art. 18. The Controlling Authority shall be chosen by and be responsible to a Commission of Control appointed to any State which desires to avail itself of the protection hereby afforded to safety zones by the President of the Permanent Court of International Justice, and may be so appointed in time of peace as well as in time of war. Such Commission of Control shall consist of not less than three nationals of non-belligerent States, and shall be accorded every facility for the carrying out of its duties by the Government of the State to which it is appointed, and shall enjoy diplomatic privileges, but shall not interfere with the territorial sovereignty of such State.

text: Article 18

text: Art. 19. The Controlling Authority of a safety zone shall also satisfy itself that the provisions of Article 16 are complied with by any transport service proceeding to or from such safety zone, and that the permanent way, road, river or canal used by such transport service had not been used for military purposes whilst such safety zone existed as such.

text: Article 19

text: Art. 20. It shall be the duty of a Controlling Authority which becomes aware of any breach of any of the provisions of this Convention by any belligerent forthwith to notify the Commission of Control to which it is responsible, and the Commission of Control, if satisfied that such breach has occurred shall forthwith notify the President of the Permanent Court of International Justice, specifying the breach and naming the State by which such breach is committed, and shall also forthwith notify the Governments of all belligerents.

text: Article 20

text: Art. 21. If any State seeking to avail itself of the protection hereby afforded to safety zones commits a breach of any of the provisions relating to safety zones contained in this Convention in respect of one or more of its own safety zones, and such breach is notified as provided in the preceding article , and the safety zone or safety zones affected by such breach are specified in such notice, it shall be lawful for any other belligerent to give notice to such State that the safety zone or safety zones concerned will after the receipt of such notice no longer be recognized as such, but it shall not be lawful to cause any injury to civilian populations by way of reprisals for such breach.

text: Article 21

text: Art. 22. Any party claiming that a breach of any of the provisions of this Convention (other than a breach of the provisions relating to the establishment of safety zones committed by a State seeking to obtain the protection hereby afforded to such safety zones, for which breach the provisions of the last preceeding Article shall be the sole remedy) has occurred shall notify the President of the Permanent Court of International Justice with a view to the immediate constitution of a Commission of Investigation.

text: Article 22

text: Art. 23. The Commission of Investigation shall proceed with all possible speed to make such inquiries as are necessary to determine whether any such breach has occurred.

text: It shall report to the Permanent Court of International Justice.

text: Article 23

text: Art. 24. The Permanent Court of International Justice shall invite the party (1) against which the complaint has been made to furnish explanations.

text: It may send commissioners to the territory under the control of that party or of the party making such complaint for the purpose of proceeding to an inquiry, to determine whether any such breach has occurred.

text: (1) Signatory States not already adhering to the Statute of the Permanent Court would have to undertake to do so. ' (Note in the original). '

text: Article 24

text: Art. 25. The Permanent Court of International Justice may also carry out any other inquiry with the same object, and may determine any question which may arise requiring determination by a judicial tribunal, such decision to be given with all possible speed.

text: Article 25

text: Art. 26. The parties involved in the above-mentioned operations, and, in general, all the parties to the present Convention, shall take the necessary measures to facilitate these operations, particularly as regards the rapid transport of persons and correspondence.

text: Article 26

text: Art. 27. According to the result of the above-mentioned operations, the Permanent Court of International Justice, acting with all possible speed, shall establish whether any such breach has occurred.

text: Article 27

text: Art. 28. In the event of any such breach being established to its satisfaction the Permanent Court of International Justice shall publish its findings, specifying the State or States which has or have committed such breach, and thereupon it shall be lawful for any Signatory State not being a party to such breach without thereby committing any breach of its treaty obligations or of International Law to do all or any of the following things:

text: (a) assist with armed forces the State against which such breach shall have been committed,

text: (b) supply such last-mentioned State with financial or material assistance, including munitions of war,

text: (c) refuse to admit the exercise by the State or States committing such breach of belligerent rights,

text: (d) decline to observe towards the State or States committing such breach the duties prescribed by International Law for a neutral in relation to a belligerent.

text: Article 28

text: Art. 29. Any State committing a breach of this Convention is liable to pay compensation for all damage caused by such breach to a State injured thereby or any of its nationals.

text: Article 29

text: Art. 30. Each of the High Contracting Parties agrees that it will without delay enact such domestic legislation as may be required to carry into effect the obligations entered into by it hereunder.

text: Article 30

text: Art. 31. This Convention is in addition to, and not in substitution for, the humanitarian obligation imposed upon any Signatory State by any general treaty such as the Hague Conventions of 1899 and 1907 and the International Convention relating to the Treatment of Prisoners of War, 1929.

text: Article 31

text: Art. 32. Non-Signatory Powers may adhere to this Convention. To do so they must make known their adhesion to the High Contracting Parties by means of a written notification addressed to all the High Contracting Parties.

text: Article 32

summary: This draft convention, which was prepared by a committee of the International Law Association and approved in principle by the Fortieth Conference of the Association in 1938, represents one of the notable instances of the efforts of the interwar period to define and improve the protection of the civilian population in armed conflict. Its main object was the establishment of safety zones for certain non-combatant classes of the population.


identifier: Charter of the Nuremberg Tribunal, 1945

depositary: United Kingdom of Great Britain and Northern Ireland

languages: English French Russian

reference: Charter of the Nuremberg Tribunal, 1945

title: Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal. London, 8 August 1945

country: Czech Republic

country: New Zealand

country: Denmark

country: Luxembourg

country: Ethiopia

country: France

country: India

country: Haiti

country: Paraguay

country: Panama

country: Honduras

country: United States of America

country: Uruguay

country: Slovakia

country: Belgium

country: Australia

country: Poland

country: Norway

country: Venezuela

text: Whereas the United Nations have from time to time made declarations of their intention that war criminals shall be brought to justice;

text: And whereas the Moscow Declaration of 30 October 1943, on German atrocities in Occupied Europe stated that those German officers and men and members of the Nazi Party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free Governments that will be created therein;

text: And whereas this Declaration was stated to be without prejudice to the case of major criminals whose offences have no particular geographical location and who will be punished by the joint decision of the Governments of the Allies;

text: Now therefore the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics (hereinafter called "the Signatories") acting in the interests of all the United Nations and by their representatives duly authorized thereto have concluded this Agreement.

text: Preamble

text: Article 1. There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offences have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities.

text: Article 1

text: Art. 2. The constitution, jurisdiction and functions of the International Military Tribunal shall be those set out in the Charter annexed to this Agreement, which Charter shall form an integral part of this Agreement.

text: Article 2

text: Art. 3. Each of the Signatories shall take the necessary steps to make available for the investigation of the charges and trial the major war criminals detained by them who are to be tried by the International Military Tribunal. The Signatories shall also use their best endeavours to make available for investigation of the charges against and the trial before the International Military Tribunal such of the major war criminals as are not in the territories of any of the Signatories.

text: Article 3

text: Art. 4. Nothing in this Agreement shall prejudice the provisions established by the Moscow Declaration concerning the return of war criminals to the countries where they committed their crimes.

text: Article 4

text: Art. 5. Any Government of the United Nations may adhere to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other signatory and adhering Governments of each such adherence.

text: Article 5

text: Art. 6. Nothing in this Agreement shall prejudice the jurisdiction or the powers of any national or occupation court established or to be established in any Allied territory or in Germany for the trial of war criminals.

text: Article 6

text: Art. 7. This Agreement shall come into force on the day of signature and shall remain in force for the period of one year and shall continue thereafter, subject to the right of any Signatory to give, through the diplomatic channel, one month's notice of intention to terminate it. Such termination shall not prejudice any proceedings already taken or any findings already made in pursuance of this Agreement.

text: In witness whereof the undersigned have signed the present Agreement.

text: Done in quadruplicate in London this eighth day of August 1945, each in English, French and Russian, and each text to have equal authenticity.

text: (Here follow signatures)

text: Article 7

text: Article 1. In pursuance of the Agreement signed on 8 August 1945, by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics, there shall be established an International Military Tribunal (hereinafter called "the Tribunal") for the just and prompt trial and punishment of the major war criminals of the European Axis.

text: Article 1

text: Art. 2. The Tribunal shall consist of four members, each with an alternate. One member and one alternate shall be appointed by each of the Signatories. The alternates shall, so far as they are able, be present at all sessions of the Tribunal. In case of illness of any member of the Tribunal or his incapacity for some other reason to fulfil his functions, his alternate shall take his place.

text: Article 2

text: Art. 3. Neither the Tribunal, its members nor their alternates can be challenged by the prosecution, or by the Defendants or their Counsel. Each Signatory may replace its member of the Tribunal or his alternate for reasons of health or for other good reasons, except that no replacement may take place during a trial, other than by an alternate.

text: Article 3

text: (a) The presence of all four members of the Tribunal or the alternate for any absent member shall be necessary to constitute the quorum.

text: (b) The members of the Tribunal shall, before any trial begins, agree among themselves upon the selection from their number of a President, and the President shall hold office during that trial, or as may otherwise be agreed by a vote of not less than three members. The principle of rotation of presidency for successive trials is agreed. If, however, a session of the Tribunal takes place on the territory of one of the four Signatories, the representative of that Signatory on the Tribunal shall preside.

text: (c) Save as aforesaid the Tribunal shall take decisions by a majority vote and in case the votes are evenly divided, the vote of the President shall be decisive; provided always that convictions and sentences shall only be imposed by affirmative votes of at least three members of the Tribunal.

text: Article 4

text: Art. 5. In case of need and depending on the numbers of the matters to be Lied, other Tribunals may be set up; and the establishment, functions and procedure of each Tribunal shall be identical, and shall be governed by this Charter.

text: Article 5

text: Art. 6. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.

text: The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

text: (a) ' Crimes against peace: ' namely, planning, preparation, initiation or waging of a war 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;

text: (b) ' War crimes: ' namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

text: (c) ' Crimes against humanity.- ' namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

text: Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

text: Article 6

text: Art. 7. The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.

text: Article 7

text: Art. 8. The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

text: Article 8

text: Art. 9. At the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization.

text: After receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the prosecution intends to ask the Tribunal to make such declaration and any member of the organization will be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the organization. The Tribunal shall have power to allow or reject the application. If the application is allowed, the Tribunal may direct in what manner the applicants shall be represented and heard.

text: Article 9

text: Art. 10. In cases where a group or organization is declared criminal by the Tribunal, the competent national authority of any Signatory shall have the right to bring individuals to trial for membership therein before national, military or occupation courts. In any such case the criminal nature of the group or organization is considered proved and shall not be questioned.

text: Article 10

text: Art. 11. Any person convicted by the Tribunal may be charged before a national, military or occupation court, referred to in Article 10 of this Charter, with a crime other than of membership in a criminal group or organization and such court may, after convicting him, impose upon him punishment independent of and additional to the punishment imposed by the Tribunal for participation in the criminal activities of such group or organization.

text: Article 11

text: Art. 12. The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in his absence.

text: Article 12

text: Art. 13. The Tribunal shall draw up rules for its procedure. These rules shall not be inconsistent with the provisions of this Charter.

text: Article 13

text: Art. 14. Each Signatory shall appoint a Chief Prosecutor for the investigation of the charges against and the prosecution of major war criminals.

text: The Chief Prosecutors shall act as a committee for the following purposes:

text: (a) to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff,

text: (b) to settle the final designation of major war criminals to be tried by the Tribunal,

text: (c) to approve the Indictment and the documents to be submitted therewith,

text: (d) to lodge the Indictment and the accompanying documents with the Tribunal,

text: (e) to draw up and recommend to the Tribunal for its approval draft rules of procedure, contemplated by Article 13 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended.

text: The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation: provided that if there is an equal division of vote concerning the designation of a Defendant to be tried by the Tribunal, or the crimes with which he shall be charged, that proposal will be adopted which was made by the party which proposed that the particular Defendant be tried, or the particular charges be preferred against him.

text: Article 14

text: Art. 15. The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake the following duties:

text: (a) investigation, collection and production before or at the Trial of all necessary evidence,

text: (b) the preparation of the Indictment for approval by the Committee in accordance with paragraph (c) of Article 14 hereof,

text: (c) the preliminary examination of all necessary witnesses and of the Defendants,

text: (d) to act as prosecutor at the Trial,

text: (e) to appoint representatives to carry out such duties as may be assigned to them,

text: (f) to undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial.

text: It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent.

text: Article 15

text: Art. 16. In order to ensure fair trial for the Defendants, the following procedure shall be followed:

text: (a) The Indictment shall include full particulars specifying in detail the charges against the Defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the Defendant at a reasonable time before the Trial.

text: (b) During any preliminary examination or trial of a Defendant he shall have the right to give any explanation relevant to the charges made against him.

text: (c) A preliminary examination of a Defendant and his Trial shall be conducted in, or translated into, a language which the Defendant understands.

text: (d) A Defendant shall have the right to conduct his own defence before the Tribunal or to have the assistance of Counsel.

text: (e) A Defendant shall have the right through himself or through his Counsel to present evidence at the Trial in support of his defence, and to cross-examine any witness called by the Prosecution.

text: Article 16

text: Art. 17. The Tribunal shall have the power:

text: (a) to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them,

text: (b) to interrogate any Defendant,

text: (c) to require the production of documents and other evidentiary material,

text: (d) to administer oaths to witnesses,

text: (e) to appoint officers for the carrying out of any task designated by the Tribunal including the power to have evidence taken on commission.

text: Article 17

text: Art. 18. The Tribunal shall:

text: (a) confine the Trial strictly to an expeditious hearing of the issues raised by the charges,

text: (b) take strict measures to prevent any action which will cause unreasonable delay, and rule out irrelevant issues and statements of any kind whatsoever,

text: (c) deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any Defendant or his Counsel from some or all further proceedings, but without prejudice to the determination of the charges.

text: Article 18

text: Art. 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have probative value.

text: Article 19

text: Art. 20. The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.

text: Article 20

text: Art. 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other Tribunals of any of the United Nations.

text: Article 21

text: Art. 22. The permanent seat of the Tribunal shall be in Berlin. The first meetings of the members of the Tribunal and of the Chief Prosecutors shall be held at Berlin in a place to be designated by the Control Council for Germany. The first trial shall be held at Nuremberg, and any subsequent trials shall be held at such places as the Tribunal may decide.

text: Article 22

text: Art. 23. One or more of the Chief Prosecutors may take part in the prosecution at each Trial. The function of any Chief Prosecutor may be discharged by him personally, or by any person or persons authorized by him.

text: The function of Council for a Defendant may be discharged at the Defendant's request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.

text: Article 23

text: Art. 24. The proceedings at the Trial shall take the following course:

text: (a) The Indictment shall be read in court.

text: (b) The Tribunal shall ask each Defendant whether he pleads "guilty" or " not guilty."

text: (c) The Prosecution shall make an opening statement.

text: (d) The Tribunal shall ask the Prosecution and the Defence what evidence (if any) they wish to submit to the Tribunal, and the Tribunal shall rule upon the admissibility of any such evidence.

text: (e) The witnesses for the Prosecution shall be examined and after that the witnesses for the Defence. Thereafter such rebutting evidence as may be held by the Tribunal to be admissible shall be called by either the Prosecution or the Defence.

text: (f) The Tribunal may put any question to any witness and to any Defendant, at any time.

text: (g) The Prosecution and the Defence shall interrogate and may cross-examine any witnesses and any Defendant who gives testimony.

text: (h) Defence shall address the court.

text: (i) The Prosecution shall address the court.

text: (j) Each Defendant may make a statement to the Tribunal.

text: (k) The Tribunal shall deliver judgment and pronounce sentence.

text: Article 24

text: Art. 25. All official documents shall be produced, and all court proceedings conducted, in English, French and Russian, and in the language of the Defendant. So much of the record and of the proceedings may also be translated into the language of any country in which the Tribunal is sitting, as the Tribunal considers desirable in the interests of justice and public opinion.

text: Article 25

text: Art. 26. The judgment of the Tribunal as to the guilt or the innocence of any Defendant shall give the reasons on which it is based, and shall be final and not subject to review.

text: Article 26

text: Art. 27. The Tribunal shall have the right to impose upon a Defendant, on conviction, death or such other punishment as shall be determined by it to be just.

text: Article 27

text: Art. 28. In addition to any punishment imposed by it, the Tribunal shall have the right to deprive the convicted person of any stolen property and order its delivery to the Control Council for Germany.

text: Article 28

text: Art. 29. In case of guilt, sentences shall be carried out in accordance with the orders of the Control Council for Germany, which may at any time reduce or otherwise alter the sentences, but may not increase the severity thereof. If the Control Council for Germany, after any Defendant has been convicted and sentenced, discovers fresh evidence which, in its opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 14 hereof for such action as they may consider proper, having regard to the interests of justice.

text: Article 29

text: Art. 30. The expenses of the Tribunal and of the Trials shall be charged by the Signatories against the funds allotted for maintenance of the Control Council for Germany.

text: Article 30

summary: 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 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.


identifier: United Nations Principles for the Nuremberg Tribunal, 1946

languages: English Chinese Spanish French Russian

title: Affirmation of the Principles of International Law recognised by the Charter of the Nüremberg Tribunal. Resolution 95 (I) of the United Nations General Assembly, 11 December 1946.

text: The General Assembly,

text: Recognizes the obligation laid upon it by Article 13, paragraph 1, sub-paragraph (a), of the Charter, to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification;

text: Takes note of the Agreement for the establishment of an International Military Tribunal for the prosecution and punishment of the major war criminals of the European Axis signed in London on 8 August 1945, and of the Charter annexed thereto, and of the fact that similar principles have been adopted in the Charter of the International Military Tribunal for the trial of the major war criminals in the Far East, proclaimed at Tokyo on 19 January 1946;

text: Therefore,

text: Affirms the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal;

text: Directs the Committee on the codification of international law established by the resolution of the General Assembly of 11 December 1946, to treat as a matter of primary importance plans for the formation, in the context of a general codification of offences against the peace and security of mankind, or of an International Criminal Code, of the principles recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal.

text: Resolution

summary: The present Resolution was adopted by unanimous vote of the General Assembly.