C.P.(Gen)Doc.1.O.4.

Article 38

The Polish Delegation submits amendments to: Article 38.

1.
Paragraph 1, following the words: “Italy shall take”, to insert the word: “all”, to delete the word “the”. To add, following the words: [Page 722] “and surrender for trial”, the words: “to the United Nations Government concerned”.
Thus the sentence should be as follows: “Italy shall take all necessary steps to ensure the apprehension and surrender for trial to the United Nations Government concerned of:”
2.
In subsection a of paragraph 1, to add the words “irrespective of their nationality”.

Thus the sentence should read as follows:

“Persons accused of having committed, or abetted war crimes and crimes against peace or humanity irrespective of their nationality.”

To add the following paragraph as paragraph 2:

“Italy undertakes to bring to trial persons accused of atrocities and offences, including but not limited to, murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against the civilian population or persecutions on political, racial or religious grounds whether or not in violation of the laws in force when perpetrated.

“The trial of the above-mentioned persons should take place in Italy if there will be no request for their extradition by the United Nations Government concerned.”

The amended Article 38 should therefore read as follows:

1.
“Italy shall take all necessary steps to ensure the apprehension and surrender for trial to the United Nations Government concerned of:
a.
“Persons accused of having committed, ordered or abetted war crimes and crimes against peace or humanity irrespective of their nationality.
b.
“Nationals of the Allied and Associated Powers accused of having violated their national law by treason or collaboration with the enemy during the war.”
2.
Italy undertakes to bring to trial persons accused of atrocities and offences, including but not limited to, murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against the civilian population or persecutions on political, racial or religious grounds whether or not in violation of the laws in force when perpetrated.
The trial of the above-mentioned persons should take place in Italy if there will be no request for their extradition by the United Nations Government concerned.
3.
At the request of the United Nations Government concerned, Italy will likewise make available as witnesses persons within its jurisdiction, [Page 723] whose evidence is required for the trial of the persons referred to in paragraph 1 of this Article.
4.
Any disagreement concerning the application of the provisions of paragraph 1 and 2 of this Article shall be referred by any of the Governments concerned to the Ambassadors in Rome of the U.S.S.R., U.K., U.S.A. and France, who will reach agreement with regard to the difficulty.