Whereas, the Chickasaw Tribal Nation (“CTN”) and the Nations allied therewith in opposing the ILLEGAL and / or UNLAWFUL wars of aggression, war crimes, crimes against peace, crimes against humanity and other atrocities, etc. of the United States of America (“USA”) and its aligned Axis Nations, have from time to time made declarations of their intentions that war criminals are to be brought to justice;

 

Whereas, the allege Governments of the United States of America and its Axis Nations declaring covert war against the Chickasaw Tribal Nation on March 25, 2019, in the USA's, State of Mississippi - Town of Utica, Mississippi. Declaring unlawful and unwarranted covert war operations (in keeping with USA’s National Security Council Memorandum 46 of March 1978) on said Tribal Nation and proceeded to have the CTN’s Prime Minister Vogel Denise Newsome KIDNAPPED in the engagement of war of aggression, war crimes, crimes against peace, crimes against humanity and other atrocities, etc. in efforts of forcing this Black Indian Tribal Nation to surrender its Sovereignty, Freedom, Independence, Lands / Territories, Properties and Resources, etc.!

 

 

 

 

 

 

 

 

As of 09/25/2024:

https://www.sahistory.org.za/sites/default/files/archive-files/mueni_wa_muiu_guy_martin_a_new_paradigm_of_the_bookos.org_.pdf

 

 

Whereas, through this instant Special Proclamation and / or International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. regarding CENTURIES of enduring Wars and, thus, hereby demand the IMMEDIATE ending of “ALL” Wars (active and / or Cold …) of the United States of America / United States (a privately held company) executed and in full effect, on the ___ September 2024, and making known the signatories for the United States of America / United States, by command of and / or on behalf of the President of the allege United States of America / United States Government, having NO legal / lawful authority (due to FRAUDULENT / FICTITIOUS status) to accept the terms set forth in the respective Declaration(s) in support hereof;

 

 

Whereas, by such Instrument supporting the IMMEDIATE Surrender and allow for the applicable TRANSITIONAL Government(s) – as the Chickasaw Tribal Nation - the authority of the President the allege United States of America / United States Government claiming to run and / or be the Head of said privately held company is made subject to the Supreme Commander for the Allied Powers / Coalition Of Unified Nations, who is authorized to take such steps as he / she deems proper to effectuate the terms of surrender;

 

 

 

Whereas, the undersigned has been designated by the Allied Powers / Coalition of Unified Nations as Supreme Commander for the Allied Powers to carry into effect the general surrender of the United States of America’s / United States’ armed forces;

 

Whereas; the Governments of the Chickasaw Tribal Nation and Allied Powers / Coalition Of Unified Nations during the General Assembly High-Level Week 2024 held at the Headquarters of the United Nations on ___ September 2024, having considered the effectuation by the United States of America / United States supporting Surrender and the DISSOLVING of said privately held company (United States of America / United States) have agreed that the Supreme Commander shall issue all Orders for the implementation of SURRENDER and DISSOLUTION process(es).

 

Now, therefore, I, Vogel Denise Newsome, as Prime Minister of the Chickasaw Tribal Nation as well as the Utica International Embassy submit to the United Nation’s Member States and / or applicable Member States, by virtue of the authority so conferred upon me, in order to initiate and implement the creation and use of the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. which requires the meting out of stem justice to war criminals, do order and provide as follows:

 

ARTICLE 1. There shall be established International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. for the trial of those persons charged individually, or as members of organizations, or in both capacities, with offenses which include crimes against peace.

 

ARTICLE 2. The Constitution, jurisdiction and functions of these Tribunals are those set forth in the Charter of the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc., presented to an International Body (as the United Nations) and approved by Prime Minister Vogel Denise Newsome this day.

 

ARTICLE 3. Nothing in this Order shall prejudice the jurisdiction of any other international, national or LAWFULLY formed occupation court, commission or other tribunal(s) established or to be established in the respective designated State Territory(s) or in any territory of the United Nations Member States with which the United States of America / United States is at war and / or has been at war, for the trials of war criminals.

 

Given under my hand at the Chickasaw Tribal Nation, this 26^th day of September, 2024.

 

Vogel Denise Newsome, Prime Minister of the Chickasaw Tribal Nation / Utica International Embassy which encompasses the Commanding of Military Operations / Affairs affording Agreements to be established with Allied Powers

 

 

GENERAL HEADQUARTERS.

 

SUPREME COMMANDER FOR THE ALLIED POWERS

 

General Order

No. 00001

MPO 100 ___ September 2024 (To Be Determined)

 

CHARTER OF THE International Military Tribunal For WORLDWIDE Security, Safety, Mental Health and Peace, etc.

 

Proclamation of the Supreme Commander for the Allied Powers dated ___ September 2024 established International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc.. Charter of these Tribunals is as follows:

 

SECTION I

 

CONSTITUTION OF TRIBUNAL

 

ARTICLE 1. Tribunals Established. The International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. are hereby established for the just and prompt trials and punishments of the major war criminals Worldwide. The permanent seat of these Tribunals is to be at the United Nations (USA, New York) until later determined.

 

ARTICLE 2. Members. The Tribunals shall consist of not less than five nor more than nine Members, appointed by the Supreme Commander for the Allied Powers from the names submitted by the Signatories to the Instrument of Surrender for the United States of America / United States as well as the State Of Israel (an allege State that the United States of America having a role in CREATION thereof – i.e. thus, providing responsibility / liability / accountability). through its CO-Dependency, etc.!

 

 

 

 

 

As of 09/04/2024: https://apps.dtic.mil/sti/pdfs/ADA047231.pdf

 

 

ARTICLE 3. Officers and Secretariat.

 

a. President. The Supreme Commander for the Allied Powers shall appoint a Member to be President of these Tribunals.

 

b. Secretariat.

 

(1) The Secretariat of these Tribunals shall be composed of a General Secretary to be appointed by the Supreme Commander for the Allied Powers and such assistant secretaries, clerks, interpreters, and other personnel as deemed necessary.

 

(2) The General Secretary shall organize and direct the work of the Secretariat.

 

(3) The Secretariat shall receive all documents addressed to these Tribunals, maintain the records of each Tribunal, provide necessary clerical services to these Tribunals and its Members, and perform such other duties as may be designated by the Tribunals.

 

ARTICLE 4. Quorum and Voting.

 

a. Quorum. The presence of a majority of all Members shall be necessary to constitute a quorum.

 

b. Voting. All decisions and judgments of these Tribunals, including convictions and sentences, shall be by a majority vote of those Members of the Tribunals present. In case the votes are evenly divided, the vote of the President shall be decisive.

 

SECTION II

 

JURISDICTION AND GENERAL PROVISIONS

 

ARTICLE 5. Jurisdiction Over Persons and Offenses. The Tribunal shall have the power to try and punish Worldwide war criminals who - as individuals or as members of organizations - are charged with offenses which include Crimes against Peace. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunals for which there shall be individual responsibility:

 

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. War of Aggression: Namely, military conflict that is a crime against international peace - defined as military conflict launched without justification of self-defense - usually aimed at territorial gain and considered a violation of international law under the United Nations Charter (particularly within Chapter VII) regarding threats to peace and acts of aggression.

 

d. 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 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, of an accused, nor the fact that an accused acted pursuant to order of his / her government (an alleged government) or of a superior shall, of itself, be sufficient to free such accused from responsibility for any crime with which he / she is charged, but such circumstances may be considered in mitigation of punishment if the Tribunals determine that justice so requires.

 

ARTICLE 7. Rules of Procedure. The Tribunals may draft and amend rules of procedure consistent with the fundamental provisions of this Charter.

 

ARTICLE 8. Counsel.

 

a. Chief of Counsel. The Chief of Counsel designated by the Supreme Commander for the Allied Powers is responsible for the investigation(s) and prosecution(s) of charges against war criminals within the jurisdiction of respective Tribunals served, and will render such legal assistance to the Supreme Commander as is appropriate.

 

b. Associate Counsel. Any United Nations Member State and / or NON-Member State with which the United States of America / United and / or the State of Israel has been at war may appoint an Associate Counsel to assist the Chief of Counsel.

 

SECTION III

 

FAIR TRIAL FOR ACCUSED

 

ARTICLE 9. Procedure for Fair Trial. In order to insure fair trial(s) for the accused, the following procedure shall be followed:

 

a. Indictment. The indictment shall consist of a plain, concise and adequate statement of each offense charged. Each accused shall be furnished in adequate time for defense a copy of the indictment, including any amendment, and of this Charter, in a language understood by the accused.

 

b. Hearing. During the trial(s) or any preliminary proceedings the accused shall have the right to give any explanation relevant to the charges made against him / her.

 

c. Language. The trial and related proceedings shall be conducted in English and in the language of the accused. Translations of documents and other papers shall be provided as needed and requested.

 

d. Counsel for Accused. Each accused shall be represented by counsel of his / her own selection, subject to disapproval of such counsel at any time by the Tribunal(s). The accused shall file with the General Secretary of the Tribunal(s) the name of his / her counsel or of counsel whom he / she desires the Tribunal(s) to Appoint. If an accused is not represented by counsel, the Tribunal(s) shall designate counsel for him / her.

 

e. Evidence for Defense. An accused shall have the right through himself / herself or through his / her counsel to present evidence at the trial in support of his / her defense, and to examine any witness called by the prosecution, subject to such reasonable restrictions as the Tribunal(s) may determine.

 

f. Production of Evidence for the Defense. An accused may apply in writing to the Tribunal(s) for the production of witnesses or of documents. The application shall state where the witness(es) or document(s) is thought to be located. It shall also state the facts proposed to be proved by the witness(es) or the document(s) and the relevancy of such facts to the defense. If the Tribunal(s) grants the application, the Tribunal(s) shall be given such aid in obtaining production of the evidence as the circumstances require.

 

ARTICLE 10. Applications and Motions before Trial. All motions, applications or other requests addressed to the Tribunals prior to the commencement of trial(s) shall be made in writing and filed with the General Secretary of the Tribunals for action by the Tribunals.

 

SECTION IV

 

POWERS OF TRIBUNAL AND CONDUCT OF TRIAL

 

ARTICLE 11. Powers. The Tribunals shall have the power:

 

a. To summon witnesses to the trial(s), to require them to attend and testify, and to· question them.

 

b. To interrogate each accused and to permit comment on his / her refusal to answer any question.

 

c. To require the production of documents and other evidentiary material.

 

d. To require of each witness an oath, affirmation, or such declaration as is customary in the country of the witness(es), and to administer oaths.

 

e. To appoint officers for the carrying out of any task designated by the Tribunals, including the power to have evidence taken on commission.

 

ARTICLE 12. Conduct of Trial. The Tribunals shall:

 

a. Confine the trial(s) strictly to an expeditious hearing of the issues raised by the charges.

 

b. Take strict measures to prevent any action which would cause any unreasonable delay and rule out irrelevant issues and statements of any kind whatsoever.

 

c. Provide for the maintenance of order at the trial(s) and deal summarily with any contumacy, imposing appropriate punishment(s), including exclusion of any accused or his / her counsel from some or all further proceedings, but without prejudice to the determination of the charges.

 

d. Determine the mental and physical capacity of any accused to proceed to trial(s).

 

 

ARTICLE 13. Evidence.

 

a. Admissibility. The Tribunals 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. All purported admissions or statements of the accused are admissible.

 

b. Relevance. The Tribunals may require to be informed of the nature of any evidence before it is offered in order to rule upon the relevance.

 

c. Specific evidence admissible. In particular, and without limiting in any way the scope of the forgoing general rules, the following evidence may be admitted:

 

(1) A document, regardless of its security classification and without proof of its issuance or signature, which appears to the Tribunals to have been signed or issued by any officer, department, agency or member of the armed forces of any government or allege government.

 

(2) A report which appears to the Tribunals to have been signed or issued by the International Red. Cross or a member thereof, or by a doctor of medicine or any medical service personnel, or by an investigator or intelligence officer, or by any other person who appears to the Tribunals to have personal knowledge of the matters contained in the report.

 

(3) An affidavit, deposition or other signed statement.

 

(4) A diary, letter or other document, including sworn or unsworn statements, which appear to the Tribunals to contain information relating to the charge.

 

(5) A copy of a document or other secondary evidence of its contents, if the original is not immediately available.

 

d. Judicial Notice. The Tribunals shall not require proof of facts of common knowledge, nor of the authenticity of official government documents and reports of any nation (or allege nation) or of the proceedings, records and findings of military or other agencies of any of the United Nations.

 

e. Records, Exhibits and Documents. The transcript of the proceedings, and exhibits and documents submitted to the Tribunals, will be filed with the General Secretary of the Tribunals and will constitute part of the Record.

 

ARTICLE 14. Place of Trial. The first trial will be held at time and place / location to be determined and any subsequent trials will be held at such places as the Tribunals decide.

 

ARTICLE 15. Course of Trial Proceedings. The proceedings at the Trial(s) will take the following course:

 

a. The indictment will be read in court unless the reading is waived by all accused.

 

b. The Tribunal(s) will ask each accused whether he / she pleads "guilty" or "not guilty".

 

c. The prosecution and each accused may make a concise opening statement.

 

d. The prosecution and defense may offer evidence and the admissibility of the same shall be determined by the Tribunal(s).

 

e. The prosecution and counsel for the accused may examine each witness and each accused who gives testimony.

 

£. Counsel for the accused may address the Tribunal(s).

 

g. The prosecution may address the Tribunal(s).

 

h. The Tribunal(s) will deliver judgment and pronounce sentence.

 

SECTION V

 

JUDGMENT AND SENTENCE

 

ARTICLE 16. Penalty. The Tribunal(s) shall have the power to impose upon an accused, on conviction, death or such other punishment as shall be determined by it to be just.

 

ARTICLE 17. Judgment and Review. The judgment will be announced in open court and will give the reasons on which it is based. The record of the trial(s) will be transmitted directly to the Supreme Commander for the Allied Powers for his / her action thereon. A sentence will be carried out in accordance with the Order of the Supreme Commander for the Allied Powers, who may at any time reduce or otherwise alter the sentence except to increase its severity.

 

By command of [Title] General ____:

[Name]_______________ Major General, _____[Military Branch]

 

AGREEMENT OF MULTI-NATION COALITION

 

Whereas the United Nations have from time to time made declarations of their intention that War Criminals shall be brought to justice;

 

Furthermore, in keeping with similar matters - as the Moscow Declaration of October 30, 1943 - regarding the German "atrocities in OCCUPIED Europe" stated, that those GERMAN Officers, 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" created and / or will be created therein.

 

Be it known that JUSTICE is to be served without prejudice to those cases where major criminals whose offences have no particular geographical location and are to be punished by the JOINT decision of the Governments of the Allied Nations and / or MULTI-Nation Coalition.

 

Now therefore the Governments of the ALLIED Powers that are Members of the MULTI-Nation Coalition (hereinafter, collectively known as "the Signatories") acting in the interests of all the United Nations / NON-Member Nations and by their representatives duly authorize thereto have concluded this Agreement Of Multi-Nation Coalition for the creation of International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc.

 

Article 1

 

There shall be established after consultation with the MULTI-Nation Coalition (known as “Coalition of Unified Nation”) the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. for the trial(s) of war criminals whose offences have no particular geographical location whether they be accused individually or in their capacity as members / officers of companies, organizations, groups or in multiple capacities.

 

Article 2

 

The constitution, jurisdiction and functions of the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. shall be those set out in the Charter annexed to the Agreement(s) herein, which Charter shall form an integral part of Agreement(s).

 

Article 3

 

Each of the Signatories shall take the necessary steps to make available for the investigation(s) of the charges and trial(s) the major war criminals DETAINED by them who are to be tried by the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc.. The Signatories shall also use their best endeavors to make available the investigations of the charges against and the trials before the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. such of the major war criminals as are not in the territories of any of the Signatories.

 

Article 4

 

 

Nothing in this Agreement shall prejudice the provisions established through the International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. concerning the return of war criminals to the countries where they committed their crimes.

 

Article 5

 

Any Government of the United Nations Member States and / or Non-Member States may adhere to this Agreement by notice given through the diplomatic channel of the Government of the respective Nations / States, who shall inform the other signatory(ies) and adhering Governments of each such adherence.

 

Article 6

 

Nothing in this Agreement shall prejudice the jurisdiction or the powers of any national or court or emergency court / tribunal established or to be established in any Allied Territory or in what is presently known as the United States of America and / or State of Israel for the trial(s) of war criminals.

 

Article 7

 

This Agreement shall come into force on the day of signature and shall remain in force for the period of five (5) years 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.

 

In Witness Whereof the Endorsers have autographed the present Agreement.

 

Done in multiplicity in New York, New York USA at the Headquarters of the United Nations on or about the date indicated, each in English, Spanish, French, Korean, Vietnamese and Arabic, and each text to have equal authenticity.

 

_______________________________________ Date: _______

For the Government of the Chickasaw Tribal Nation

Prime Minister Vogel Denise Newsome

 

_______________________________________ Date: _______

For the Government of the State of Palestine

Ambassador and Permanent Representative - Riyad Mansour

 

_______________________________________ Date: _______

For the Government of Burkino Faso

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Oumarou Ganou

 

_______________________________________ Date: _______

For the Government of Republic of Mali

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Issa Konfourou

 

_______________________________________ Date: _______

For the Government of the Republic of the Niger

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Samadou Ousman

 

_______________________________________ Date: _______

For the Government of the Republic of Cuba

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Ernesto Soberón Guzmán

 

_______________________________________ Date: _______

For the Government of the Bolivarian Republic of Venezuela

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Samuel Moncada

 

_______________________________________ Date: _______

For the Government of the Republic of Nicaragua

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Jaime Hermida Castillo

 

_______________________________________ Date: _______

For the Government of the Democratic People's Republic of Korea

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Song Kim

 

_______________________________________ Date: _______

For the Government of the Socialist Republic of Viet Nam

Ambassador Extraordinary & Plenipotentiary and Permanent Representative - Dang Hoang Giang

CHARTER OF THE International Military Tribunal For WORLDWIDE Security, Safety, Mental Health and Peace, etc.

 

I. - Constitution of the

International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc.

 

Article 1

 

In pursuance of the Agreement signed on the ___ day of September, 2024, by the Government Representative(s) of United Nations Member States and / or Non-Member States (as the Chickasaw Tribal Nation), there shall be established an International Military Tribunals For WORLDWIDE Security, Safety, Mental Health and Peace, etc. (hereinafter, known as "the Tribunals") for the just and prompt trial and punishment of the major war criminals Worldwide of Axis Nations.

 

Article 2

 

The Tribunals shall consist of Ten (10) 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 Tribunals. In case of illness of any Member of the Tribunals or his / her incapacity for some other reason to fulfil his / her functions, his / her alternate shall take his / her place.

 

Article 3

 

Neither the Tribunals, its Members nor their Alternates can be challenged by the prosecution, or by the Defendants or their Counsel. Each Signatory may replace its Members of the Tribunals or his / her Alternate for reasons of health or for other good causes / reasons, except that no replacement may take place during a trial, other than by an Alternate.

 

Article 4

 

(a) The presence of all Ten (10) Members of the Tribunals or the Alternate for any absent Member shall be necessary to constitute the quorum.

 

(b) The Members of the Tribunals shall, before any trial begins, agree among themselves upon the selection from their number of a Chair, and the Chair shall hold office during that trial, or as may otherwise be agreed by a vote of not less than seven (7) Members. The principle of rotation of Chair for successive trials is agreed. If, however, a session of the Tribunals takes place on the territory of one of the Ten (10) Signatories, the Representative of that Signatory on the Tribunals shall preside.

 

(c) Save as aforesaid the Tribunals shall take decisions by a majority vote and in case the votes are evenly divided, the vote of the Chair shall be decisive: provided always that convictions and sentences shall only be imposed by affirmative votes of at least seven (7) Members of the Tribunals.

 

Article 5

 

In case of need and depending on the number of the matters to be tried, 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.

 

 

II. Jurisdiction And General Principles

 

Article 6

 

The Tribunals established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the Worldwide Axis Nations (real and / or fictitious), MULTI-Nation countries shall have the power to try and punish persons who, acting in the interests of the Worldwide Axis Nations (real and / or fictitious), whether as individuals or as members of companies / organizations, committed any of the following crimes.

 

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

 

(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;

 

(b) War Crimes: Namely, violations of the laws or customs of war. Such violations shall include, but not limited to, murder, ill-treatment or deportation to slave labor 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;

 

(c) War Of Aggression: Namely, military conflict that is a crime against international peace - defined as military conflict launched without justification of self-defense - usually aimed at territorial gain and considered a violation of international law under the United Nations Charter (particularly within Chapter VII) regarding threats to peace and acts of aggression.

 

(d) 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 Tribunals, 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 persons in execution of such plan.

 

Article 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.

 

Article 8

 

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

 

Article 9

 

At the trial of any individual member or any group, company or organization the Tribunals may declare (in connection with any act of which the individual may be convicted) that the group, company or organization of which the individual was a member was a criminal organization.

 

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

 

Article 10

 

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

 

Article 11

 

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

 

Article 12

 

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

 

Article 13

 

The Tribunals shall draw up rules for its procedure. These rules shall not be inconsistent with the provisions of this Charter.

 

 

III. Committee For The Investigation and Prosecution of Major War Criminals

 

Article 14

 

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

 

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

 

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

 

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

 

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

 

(d) to lodge the Indictment and the accompanying documents with the Tribunals,

 

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

 

The Committee shall act in all the above matters by a majority vote and shall appoint a Chairperson 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 Tribunals, or the crimes with which he shall be charged, that proposal will be adopted which tried, or the particular charges be preferred against him / her.

 

Article 15

 

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

 

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

 

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

 

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

 

(d) to act as prosecutor at the Trials,

 

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

 

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

 

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.

 

IV. Fair Trial(s) For Defendants

 

Article 16

 

In order to ensure fair trials for the Defendants, the following procedure shall be followed:

 

(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 reasonable time before the Trials.

 

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

 

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

 

(d) A Defendant shall have the right to conduct his own defense before the Tribunals or to have the assistance of Counsel.

 

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

 

 

V. Powers of the Tribunals and Conduct of the Trials

 

Article 17

 

The Tribunals shall have the power:

 

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

 

(b) to interrogate any Defendant,

 

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

 

(d) to administer oaths to witnesses,

 

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

 

Article 18

 

The Tribunals shall:

 

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

 

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

 

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

 

Article 19

 

The Tribunals 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.

 

Article 20

 

The Tribunals may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.

 

Article 21

 

The Tribunals 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 acts and documents of the committees set up in the various Allied countries / MULTI-Nation Coalition States for the investigation of war crimes, and the records and findings of military or other Tribunals of any of the United Nations and / or NON-Member States.

 

Article 22

 

The permanent seat of the Tribunals shall be in (to be determined). The first meetings of the Members of the Tribunals and of the Chief Prosecutors shall be held at Headquarters of the United Nations in New York, New York in a place to be designated by the Control Council for the designated State(s) and Location(s) to be determined. The first trial shall be held within the designated State to be determined, and any subsequent trials shall be held at such places as the Tribunals may decide.

 

Article 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 / her personally, or by any person or persons authorized by him.

 

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 / her own country, or by other person who may be specifically authorized thereto by the Tribunals.

 

Article 24

 

The proceedings at the Trials shall take the following course:

 

(a) The Indictment shall be read in court.

 

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

 

(b) The Prosecution shall make an opening statement.

 

(c) The Prosecution shall make an opening statement.

 

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

 

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

 

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

 

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

 

(h) Defense shall address the court.

 

(i) The Prosecution shall address the court.

 

(j) Each Defendant may make statement to the Tribunals.

 

(k) The Tribunals shall deliver judgment and pronounce sentence.

 

Article 25

 

All official documents shall be produced, and all court proceedings conducted, in English, Spanish, French, Korean, Vietnamese and Arabic, 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 Tribunals are sitting, as the Tribunals consider desirable in the interests of justice and public opinion.

 

VI. Judgment and Sentence

 

Article 26

 

The judgment of the Tribunals 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.

 

Article 27

 

The Tribunals 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.

 

Article 28

 

In addition to any punishment imposed by it, the Tribunals shall have the right to deprive the convicted person of any stolen property and order its delivery to the Control Council for the designated State(s) and Location(s) to be determined.

 

Article 29

 

In case of guilt, sentences shall be carried out in accordance with the orders of the Control Council for the designated State(s) and Location(s) to be determined. which may at any time reduce or otherwise alter the sentences, but may not increase the severity thereof. If said Control Council, after any Defendant has been convicted and sentenced, discovers fresh evidence which, in its opinion, would have found a fresh charge against him / her, 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.

 

VII. Expenses

 

The expenses of the Tribunals and of the Trials shall be charged by the Signatories against the funds allotted for maintenance of the Control Council for the designated State(s) and Location(s) to be determined.