Catalogue description Judge Advocate General's Office: War Crimes Case Files, Second World War

The military courts set up by the national military authorities of the Allied occupying powers adjudicated upon a large number of charges of war crimes brought against former members of the enemy armed forces and civilians. Not only did these trials take place in the French, British and American zones of occupation, but also defendants were often removed elsewhere (for example, to France, Holland, Belgium, Italy and Norway) for trial before either military or civil courts.

The powers of military government courts to impose sentence were graded. General military courts were authorised to inflict 'any lawful sentence including death'. An accused person was guaranteed the essentials of a fair trial and although there was no appeal against any order of a military government court every convicted person was entitled to have his or her case reviewed. No death sentence might be executed until it had been confirmed by the supreme commander.

The instrument, under which the trials of persons charged with war crimes before British military courts were conducted was the royal warrant of 14 June 1945, issued under Army Order 81 of 1945. By this instrument, military courts were established which were governed by the provisions of the Army Act and the rules of procedure relating to field general courts martial. This instrument restricted the jurisdiction of the military courts to the trial of war crimes, which were defined as 'violation of the laws and usages of war committed during any war in which His Majesty has been or may be engaged at any time since 2 September 1939'.