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FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005)
and political offences as these are understood by civilised nations” 5 . This further restated the President’s
own public declaration, pre-dating the United States entrance in the war on October 25, 1941 in which he
warns of fearful retribution 6 . It is again once more taken publicly with the President’s declaration that it is
“the intention of this Government that the successful close of the war shall include provision for the
surrender to the United Nations of war criminals” 7 .
This is finally confirmed as a joint understanding of the major Allies in the Statement on Atrocities
contained in the Joint Four-Nation Declaration of the Moscow Conference held in October 1943 8 .
As such, the resulting Charter of the International Military Tribunal can hardly be said not to have been
settled upon the firm foundation of treaty law, as understood in the concepts of the Hague Conventions of
1907, themselves resting upon the St-Petersburg Declaration of 1868. Nor could the intentions of
prosecution of the crimes deemed to be unknown to the German government. The authority of the court
being further recognised in the Agreement for the Prosecution and Punishment of the Major War
Criminals of the European Axis by the United Nations in whose name the four signatories act, there can
little doubt of its legitimacy 9 .
In the same manner, the Charter of the International Military Tribunal for the Far East was a direct result
of the Cairo Declaration 10 of December 1, 1943 and of the Postdam Proclamation of July 26, 1943 11 .
This was recognised fully by the Japanese acceptance of the Postdam Proclamation in their surrender of
5 President Franklin D. Roosevelt’s Statement on Punishment of War Crimes, Washington, White House News Releases,
August 21, 1942, at http://www.ibiblio.org/pha/policy/1942/420821a.html.
6 Franklin D. Roosevelt on the Execution of Hostages by the Nazis, Department of State Bulletin, October 25, 1941 at
http://www.ibiblio.org/pha/policy/1941/411025a.html.
7 President Franklin D. Roosevelt’s Statement on Punishment of War Crimes, Washington, White House News Release,
October 7, 1942, at http://www.ibiblio.org/pha/policy/1942/421007a.html.
8
Statement on Atrocities of the Joint Four-Nation Declaration, Moscow Conference, October 1943, at
http://www.ibiblio.org/pha/policy/1943/431000a.html, which states: “speaking in the interest of the thirty-two United Nations,
hereby solemnly declare and give full warning of their declaration as follows: At the time of granting of any armistice to any
government which may be set up in Germany, those German officers and men and members of the Nazi party who have been
responsible for or have taken a consenting part in the above atrocities, massacres and executions 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 free governments which will be erected therein. Lists will be compiled in all possible detail
from all these countries having regard especially to invaded parts of the Soviet Union, to Poland and Czechoslovakia, to
Yugoslavia and Greece including Crete and other islands, to Norway, Denmark, Netherlands, Belgium, Luxembourg, France
and Italy. Thus, Germans who take part in wholesale shooting of Polish officers or in the execution of French, Dutch, Belgian
or Norwegian hostages or Cretan peasants, or who have shared in slaughters inflicted on the people of Poland or in territories of
the Soviet Union which are now being swept clear of the enemy, will know they will be brought back to the scene of their
crimes and judged on the spot by the peoples whom they have outraged. Let those who have hitherto not imbued their hands
with innocent blood beware lest they join the ranks of the guilty, for most assuredly the three Allied powers will pursue them to
the uttermost ends of the earth and will deliver them to their accusors in order that justice may be done.”
9 Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis [hereafter the London
Agreement], August 8, 1945, 58 Stat. 1544, E.A.S. No. 472, 82 U.N.T.S. 280,
10 Cairo Conference, November 1943 at http://www.ibiblio.org/pha/policy/1943/431201a.html.
11 The Postdam Proclamation, A Statement of Terms of Unconditional Surrender of Japan, July 26, 1945, at paragraph 10: “We
do not intend that the Japanese shall be enslaved as a race or destroyed as a nation, but stern justice shall be meted out to all
war criminals, including those who have visited cruelties upon our prisoners. The Japanese government shall remove all
obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech, of religion
and of thought as well as respect for the fundamental human rights shall be established.”
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LOUIS-PHILIPPE F. ROUILLARD - THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL