contains the text of Allied Control Council Law Number 10. The main purpose
of this document was to establish a common framework within which each
of the four main powers (the USA, USSR, UK and France) would conduct their
individual war crimes trials.
Control Council was the four-power body which governed Germany until its
separation into the two states of West Germany (comprised of the former
American, British and French zones) and East Germany (the former USSR
zone). This separation occurred after the disagreement of exchange of
materials for reparation payments precipitated the Berlin Airlift.
Council Law No. 10
of persons guilty of war crimes, crimes against peace and against humanity.
to give effect to the terms of the Moscow Declaration of 30 October 1943
and the London Agreement of 8 August
1945, and the Charter issued pursuant thereto
and in order to establish a uniform legal basis in Germany for the prosecution
of war criminals and other similar offenders, other than those dealt with
by the International Military Tribunal, the Control
Council enacts as follows:
Declaration of 30 October 1943 "Concerning Responsibility of Hitlerites
for Committed Atrocities" and the London
Agreement of 8 August 1945 "Concerning Prosecution and Punishment
of Major War Criminals of the European Axis" are made integral parts
of this Law. Adherence to the provisions of the London
Agreement by any of the United Nations, as provided for in Article
V of that Agreement, shall not entitle
such Nation to participate or interfere in the operation of this Law within
the Control Council area of authority in Germany.
Each of the
following acts is recognized as a crime:
(a) Crimes against Peace. Initiation of invasions of other countries and
wars of aggression in violation of international laws and treaties, including
but not limited to planning, preparation, initiation or waging a war of
aggression, or a war of 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. Atrocities or offences against persons or property constituting
violations of the laws or customs of war, including but not limited to,
murder, ill treatment or deportation to slave labour or for any other
purpose, of civilian population from 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) Crimes against humanity. Atrocities and offences, including but not
limited to murder, extermination, enslavement, deportation, imprisonment,
torture, rape, or other inhumane acts committed against any civilian population,
or persecutions on political, racial or religious grounds whether or not
in violation of the domestic laws of the country where perpetrated.
(d) Membership in categories of a criminal group or organization declared
criminal by the International Military Tribunal.
2. Any person without regard to nationality or the capacity in which he
acted, is deemed to have committed a crime as defined in paragraph 1 of
this Article, if he was (a) a principal or (b) was an accessory to the
commission of any such crime or ordered or abetted the same or (c) took
a consenting part therein or (d) was connected with plans or enterprises
involving its commission or (e) was a member of any organization or group
connected with the commission of any such crime or (f) with reference
to paragraph 1 (a), if he held a high political, civil or military (including
General Staff) position in Germany or in one of its Allies, co-belligerents
or satellites or held high position in the financial, industrial or economic
life of any such country.
3. Any person found guilty of any of the Crimes above mentioned may upon
conviction be punished as shall be determined by the tribunal to be just.
Such punishment may consist of one or more of the following:
(b) Imprisonment for life or a term of years, with or without hard labour.
(c) Fine, and imprisonment with or without hard labour, in lieu thereof.
(d ) Forfeiture of property.
(e) Restitution of property wrongfully acquired.
(f) Deprivation of some or all civil rights.
Any property declared to be forfeited or the restitution of which is ordered
by the Tribunal shall be delivered to the Control Council for Germany,
which shall decide on its disposal.
4. (a) The official position of any person, whether as Head of State or
as a responsible official in a Government Department, does not free him
from responsibility for a crime or entitle him to mitigation of punishment.
(b) The fact that any person acted pursuant to the order of his Government
or of a superior does not free him from responsibility for a crime, but
may be Considered in mitigation.
5. In any trial or prosecution for a crime herein referred to, the accused
shall not be entitled to the benefits of any statute of limitation in
respect of the period from 1/30/1933 to 7/1/1945, nor shall any immunity,
pardon or amnesty granted under the Nazi regime be admitted as a bar to
trial or punishment.
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 names 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
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
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.
5. The execution of death sentences may be deferred by not to exceed one
month after the sentence has become final when the Zone Commander concerned
has reason to believe that the testimony of those under sentence would
be of value in the investigation and trial of crimes within or without
6. Each Zone Commander will cause such effect to be given to the judgments
of courts of competent jurisdiction, with respect to the property taken
under his control pursuant hereto, as he may deem proper in the interest
1. When any
person in a Zone in Germany is alleged to have committed a crime, as destined
in Article II, in a country other than Germany or in another Zone, the
government of that nation or the Commander of the latter Zone, as the
case may be, may request the Commander of the Zone in which the person
is located for his arrest and delivery for trial to the country or Zone
in which the crime was committed. Such request for delivery shall be granted
by the Commander receiving it unless he believes such person is wanted
for trial or as a witness by an International Military Tribunal, or in
Germany, or in a nation other than the one making the request, or the
Commander is not satisfied that delivery should be made, in any of which
cases he shall have the right to forward the said request to the Legal
Directorate of the Allied Control Authority. A similar procedure shall
apply to witnesses, material exhibits and other forms of evidence.
2. The Legal Directorate shall consider all requests referred to it, and
shall determine the same in accordance with the following principles,
its determination to be communicated to the Zone Commander.
(a) A person wanted for trial or as a witness by an International Military
Tribunal shall not be delivered for trial or required to give evidence
outside Germany, as the case may be, except upon approval of the Committee
of Chief Prosecutors acting under the London
Agreement of 8/8/1945.
(b) A person wanted for trial by several authorities (other than an International
Military Tribunal) shall be disposed of in accordance with the following
(1) If wanted for trial in the Zone in which he is, he should not be delivered
unless arrangements are made for his return after trial elsewhere;
(2) If wanted for trial in a Zone other than that in which he is, he should
be delivered to that Zone in preference to delivery outside Germany unless
arrangements are made for his return to that Zone after trial elsewhere;
(3) If wanted for trial outside Germany by two or more of the United Nations,
of one of which he is a citizen, that one should have priority;
(4) If wanted for trial outside Germany by several countries, not all
of which are United Nations, United Nations should have priority;
(5) If wanted for trial outside Germany by two or more of the United Nations,
then, subject to Article IV 2 (b) (3) above, that which has the most serious
charges against him, which are moreover supported by evidence, should
under Article IV of this Law, of persons for trial shall be made on demands
of the Governments or Zone Commanders in such a manner that the delivery
of criminals to one jurisdiction will not become the means of defeating
or unnecessarily delaying the carrying out of justice in another place.
If within six months the delivered person has not been convicted by the
Court of the zone or country to which he had been delivered, then such
person shall be returned upon demand of the Commander of the Zone where
the person was located prior to delivery.
Done at Berlin, 20 December 1946.
Joseph T. McNarney, General
B. L. Montgomery, Field Marshal
L. Koeltz, General de Corps d'Armee for P. Koenig, General d'Armee
G. Zhukov, Marshal of the Soviet Union.