1945, nor shall any immunity, pardon or amnesty granted under the Nazi regime be admitted as
a bar to trial or punishment.
Article III
1. Each occupying authority, within its Zone of Occupation,
(a) shall have the right to cause persons within such Zone suspected of having committed a
crime, including those charged with crime by one of the United Nations, to be arrested and
shall take under control the property, real and personal, owned or controlled by the said
persons, pending decisions as to its eventual disposition.
(b) shall report to the Legal Directorate the name of all suspected criminals, the reasons for and
the places of their detention, if they are detained, and the names and location of witnesses.
(c) shall take appropriate measures to see that witnesses and evidence will be available when
required.
(d) shall have the right to cause all persons so arrested and charged, and not delivered to
another authority as herein provided, or released, to be brought to trial before an appropriate
tribunal. Such tribunal may, in the case of crimes committed by persons of German citizenship
or nationality against other persons of German citizenship or nationality, or stateless persons,
be a German Court, if authorized by the occupying authorities.
2. The tribunal by which persons charged with offenses hereunder shall be tried and the rules
and procedure thereof shall be determined or designated by each Zone Commander for his
respective Zone. Nothing herein is intended to, or shall impair or limit the Jurisdiction or power
of any court or tribunal now or hereafter established in any Zone by the Commander thereof,
or of the International Military Tribunal established by the London Agreement of 8 August
1945.
3. Persons wanted for trial by an International Military Tribunal will not be tried without the
consent of the Committee of Chief Prosecutors. Each Zone Commander will deliver such
persons who are within his Zone to that committee upon request and will make witnesses and
evidence available to it.
4. Persons known to be wanted for trial in another Zone or outside Germany will not be tried
prior to decision under Article IV unless the fact of their apprehension has been reported in
accordance with Section 1 (b) of this Article, three months have elapsed thereafter, and no
request for delivery of the type contemplated by Article IV has been received by the Zone
Commander concerned.
PURL: https://www.legal-tools.org/doc/ffda62/