War crimes trial may curb future aggression (10-20-45)

The Pittsburgh Press (October 20, 1945)

WAR CRIMES TRIAL MAY CURB FUTURE AGGRESSION
Allied court can impose death penalty

Vote of 3 judges needed to convict

NUERNBERG, Germany (UP) – The first international criminal court of its kind ever established will convene here November 20 for a trial that its sponsors believe will go a long way toward ending aggressive warfare.

Twenty-three of the men who led Germany into and through the European war already have been served with indictments charging them with unprecedented crimes against peace and humanity in the Reich’s bid for world conquest.

Through exemplary punishment of the guilty, sponsors of the four-power tribunal trying the defendants hope to make war-making so hazardous and unattractive that future leaders will hesitate long before opening hostilities.

Powers explained

Powers and conduct of the international military tribunal were set forth in its charter, signed by the United States, Russia, Britain and France and announced to the world on August 8. The charter reconciles conflicting legal processes of the four sponsoring countries.

The 23 defendants – 24 if former Nazi Party chieftain Martin Bormann can be found – will be tried together rather than individually. In this respect, the trial will follow the pattern set by the British trial of 45 concentration camp guards at Lueneburg.

The trial will open with a formal reading of the indictment, after which each of the defendants will be asked to plead guilty or not guilty. The prosecution will make an opening statement.

Then the military tribunal will ask both the prosecution and defense what evidence they wish to submit and rule upon its admissibility.

Can order execution

The prosecution will present its witnesses after the question of evidence has been settled. Defense witnesses will follow, and then either the prosecution or defense may call on rebuttal witnesses.

The court may impose convictions and sentences only by affirmative vote of three of its four members.

The charter empowers the court to impose sentences of up to and including execution and to seize and turn over to the Allied Control Council any property stolen by the defendants.

While there is no appeal from convictions, the Control Council may at any time reduce – but not increase – sentences.