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Article 5. Jurisdiction Over Persons and Offenses.
The Tribunal shall have the power to try and punish Far Eastern war criminals who as individuals or as members of organizations are charged with offenses which include Crimes against Peace.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) Crimes against Peace: Namely, the planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
(b) Conventional War Crimes: Namely, violations of the laws or customs of war;
(c) Crimes against Humanity: Namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political or racial grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any person in execution of such plan.
審判戰犯的法條依據,須留意的是,該條文中將罪行種類分為ABC三種,即"破壞和平罪" "戰爭罪" 及 "違反人道罪" ,這是依罪行本質而分,而並非像一般人所想係依罪刑輕重分ABC級戰犯.Source(s): 聯合國網頁