Doc. No. 10 bis (G).
Proposed Amendment
undated
Article 38
- 1.
- Italy shall take the necessary steps to ensure the apprehension
and surrender for trial of:
- a.
- Persons accused of having ordered or committed war crimes on their own responsibility.
- 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.
- The Ambassadors in Rome of the U.S.S.R., U.K., U.S.A. and France shall examine every application relative to the persons mentioned in subparagraph (a) of paragraph 1 of the present Article with the view to establishing the fact whether sufficient indications of guilt exist, indicting the person who is the object of the application. With this end in view, the Italian Government shall furnish the four Ambassadors with all information which may be necessary.
- 3.
- The persons referred to in sub-paragraph (a) of paragraph 1 of the present Article shall be tried by an International Tribunal, which shall assure them the necessary guarantees of the right of defence. The rules concerning the composition and functioning of the International Tribunal shall be fixed by agreement between the Four Allied and Associated Powers of the one part, and Italy of the other part.
- 4.
- At the request of the United Nations Government concerned, Italy will likewise make available as witnesses persons within its jurisdiction whose evidence is required for the trial of the persons referred to in paragraph 1 of this Article.
- 5.
- Any disagreement concerning the application of this Article shall be referred by any of the Governments concerned to the four Ambassadors who will reach agreement with regard to the difficulty.