Defining International Aggression
The Search for World Peace

XXIX. Amendments Proposed by American Delegation, July 16, 1945

MEMORANDUM to Conference of Representatives of the UNION OF SOVIET SOCIALIST REPUBLICS, the UNITED KINGDOM, the UNITED STATES OF AMERICA and the Provisional Government of FRANCE, Submitted by the UNITED STATES To Accompany Suggested AMENDMENTS to the Draft of the CHARTER Prepared by the DRAFTING COMMITTEE

1. It is suggested that there be added at the end of Article 10 a proviso reading as follows:

    "provided notice deemed reasonable by the Tribunal is given all members of the organization and any such members desiring to be heard as witnesses regarding the criminal character of such organization are afforded an opportunity to be heard in such manner as the Tribunal deems fair and just."

2. It is suggested that there be added as a parenthesis after subparagraph (b) of Article 6 the following:

    "(An invasion of another country in the absence of an attack upon, invasion of, or declaration of war against such country shall for purposes of this Agreement constitute the launching of a war of aggression)."

3. It is suggested that there be added as subparagraph 3 of Article 15 the following:

    "Any Chief Prosecutor may (1) bring to trial before such International Military Tribunal any person in the custody of his Government or of any Government which consents to the trial of such person, and any group or organization, representative members of which are in the custody of his Government, if, in his judgment such person, group, or organization has committed any criminal violation of International Law defined in Article 12 hereof; and (2) introduce any evidence which in his judgment has probative value relevant to the issues raised by the charges being tried."

Source: Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials : London, 1945, International Organisation and Conference Series II, European and British Commonwealth 1, Department of State Publication 3080, Washington D.C.: Government Printing Office, 1949, p. 244.
Editorial Note: This is a true copy of the "Amendments Proposed by American Delegation, July 16, 1945", as referenced above. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 1, as Document No. 18 (d).

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Published online by Equipo Nizkor - 26 March 2013