Finally, the Commission was asked to consider any other matters cognate or ancillary to the above which may arise in the course of the enquiry, and which the Commission finds it useful and relevant to take into consideration.
Under this head the Commission has considered it advisable to draft a set of provisions for insertion in the Preliminaries of Peace, for the assuring in practical form, in accordance with the recommendations at the end of the last chapter, the constitution, the recognition, and the mode of operation of the High Tribunal, and of the national tribunals which will be called to try infractions of the laws and customs of war or the laws of humanity.
The text of these provisions is set out in Annex IV.
March 29, 1919.
United States of America:
Subject to the reservations set forth’ in the annexed Memorandum. (Annex II.)
Robert Lansing, James Brown Scott.
British Empire: Ernest M. Pollock, W. F. Massey.
France: A. Tardieu, F. Larnaude
Italy: V. Scialoja, M. D’ amelio
Subject to the reservations set forth in the annexed Memorandum. (Annex III.)
M. Adatci, S. Tachi.
Greece: N. Politis.
Poland: L. Lubienski.
Roumania: S. Rosental.
Serbia: Slobodan Yovanovitch.
Provisions for Insertion in Treaties with Enemy Governments
The Enemy Government admits that even after the conclusion of peace, every Allied and Associated State may exercise in respect of any enemy or former enemy, the right which it would have had during the war to try and punish any enemy who fell within its power and who had been guilty of a violation of the principles of the law of nations as these result from the usages established among civilised peoples, from the laws of humanity and from the dictates of public conscience.
The Enemy Government recognises the right of the Allied and Associated States, after the conclusion of peace, to constitute a High Tribunal composed of members named by the Allied and Associated States in such numbers and in such proportions as they may think proper, and admits the jurisdiction of such tribunal to try and punish enemies or former enemies guilty during the war of violations of the principles of the law of nations as these result from the usages established among civilised peoples, from the laws of humanity and from the dictates of public conscience.
It agrees that no trial or sentence by any of its own courts shall bar trial and sentence by the High Tribunal or by a national court belonging to one of the Allied or Associated States.
The Enemy Government recognises the right of the High Tribunal to impose upon any person found guilty the punishment or punishments which may be imposed for such an offence or offences by any court in any country represented on the High Tribunal or in the country of the convicted person. The Enemy Government will not object to such punishment or punishments being carried out.
The Enemy Government agrees, on the demand of one of the Allied or Associated States, to take all possible measures for the purpose of the delivery to the designated authority, for trial by the High Tribunal or, at its instance, by a national court of one of such Allied or Associated States, of any person alleged to be guilty of an offence against the laws and customs of war or the laws of humanity who may be in its territory or otherwise under its direction or control. No such person shall in any invent be included in any amnesty or pardon.
The Enemy Government agrees, on the demand of any of the Allied or Associated States, to furnish to it the name of any person at any time in its service who may be described by reference to his duties or station during the war or by reference to any other description which may make his identification possible and further agrees to furnish such other information as may appear likely to be useful for the purpose of designating the persons who may be tried before the High Tribunal or before one of the national courts of an Allied or Associated State for a crime against the laws and customs of the war or the laws of humanity.
The Enemy Government agrees to furnish, upon the demand of any Allied or Associated State, all General Staff plans of campaign, orders, instructions, reports, logs, charts, correspondence, proceedings of courts, tribunals or investigating bodies, or such other documents of classes of documents as any Allied or Associated State may request as being likely to be useful for the purpose of indentifying or as evidence for or against any person, and upon demand as aforesaid to furnish copies of any such documents.