-Caveat Lector-

Principles of the
Nuremberg Tribunal, 1950

No. 82

Principles of International Law Recognized in the Charter of the Nuremberg Tribunal 
and in
the Judgment of the Tribunal. Adopted by the International Law Commission of the United
Nations, 1950.

Introductory note: Under General Assembly Resolution 177 (II), paragraph (a), the
International Law Commission was directed to "formulate the principles of 
international law
recognized in the Charter of the Nuremberg Tribunal and in the judgment of the 
Tribunal." In
the course of the consideration of this subject, the question arose as to whether or 
not the
Commission should ascertain to what extent the principles contained in the Charter and
judgment constituted principles of international law. The conclusion was that since the
Nuremberg Principles had been affirmed by the General Assembly, the task entrusted to 
the
Commission was not to express any appreciation of these principles as principles of
international law but merely to formulate them. The text below was adopted by the
Commission at its second session. The Report of the Commission also contains
commentaries on the principles (see Yearbook of the Intemational Law Commission, 1950,
Vol. II, pp. 374-378).

Authentic text: English Text published in Report of the International Law Commission
Covering its Second Session, 5 June-29 Duly 1950, Document A/1316, pp. 11-14.

Principle I

Any person who commits an act which constitutes a crime under international law is
responsible therefor and liable to punishment.

Principle II

The fact that internal law does not impose a penalty for an act which constitutes a 
crime
under international law does not relieve the person who committed the act from 
responsibility
under international law.

Principle III

The fact that a person who committed an act which constitutes a crime under 
international
law acted as Head of State or responsible Government official does not relieve him from
responsibility under international law.

Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does 
not
relieve him from responsibility under international law, provided a moral choice was 
in fact
possible to him.

Principle V

Any person charged with a crime under international law has the right to a fair trial 
on the
facts and law.

Principle Vl

The crimes hereinafter set out are punishable as crimes under; international law:

Crimes against peace:

Planning, preparation, initiation or waging of a war of aggression or a war in 
violation of
international treaties, agreements or assurances;
Participation in a common plan or conspiracy for the accomplishment of any of the acts
mentioned under (i).

War crimes:
Violations of the laws or customs of war which include, but are 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 illtreatment of prisoners of war, of 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.
Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhuman acts done against any
civilian population, or persecutions on political, racial or religious grounds, when 
such acts
are done or such persecutions are carried on in execution of or in connection with any 
crime
against peace or any war crime.

Principle VII

Complicity in the commission of a crime against peace, a war crime, or a crime against
humanity as set forth in Principles VI is a crime under international law.



Index
WWW URL: http://deoxy.org/wc-nurem.htm
The Commission of Inquiry for the International War Crimes Tribunal



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