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Parent Remarks to Court on the motion attacking the jurisdiction of the Tribunal
Date June 1946
Language English
Collection Tavenner Papers & IMTFE Official Records
Box Box 3
Folder General Reports and Memoranda from June 1946
Repository University of Virginia Law Library
a.Crimes against Peace: Namely, the planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing; b.Conventional War Crimes: Namely, violations of the laws or customs of war; c.Crimes against Humanity: Namely, murder, extermination, enslavement, deportation, and other inhumane acts committed before or during the war, or persecutions on political or racial 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. 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 person in execution of such plan. “Article 6. Responsibility of Accused. Neither the official position, at any time, or an accused, nor the fact that an accused acted pursuant to order of his government or of a superior shall, of itself, be sufficient to free such accused from responsibility for any crime with which he is charged, but such circumstances may be considered in mitigation of punishment if the Tribunal determines that justice so requires.” It is clear from the foregoing that in the proper, progressive evolution of international law, those individuals accused of planning, preparing and initiating and waging wars