“(_b_) _War Crimes._ Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill-treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity. “(_c_) _Crimes against Humanity._ Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated. “(_d_) Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal. “2. Any person without regard to nationality or the capacity in which he acted is deemed to have committed a crime as defined in * * * this Article, if he (_a_) was a principal or (_b_) was an accessory to the commission of any such crime or ordered or abetted the same or (_c_) took a consenting part therein or (_d_) was connected with plans or enterprises involving its commission or (_e_) was a member of any organization or group connected with the commission of any such crime * * *. * * * * * “4. (_a_) The official position of any person, whether as Head of State or as a responsible official in a Government Department, does not free him from responsibility for a crime or entitle him to mitigation of punishment. (_b_) The fact that any person acted pursuant to the order of his Government or of a superior does not free him from responsibility for a crime, but may be considered in mitigation.” The indictment in the case at bar is filed pursuant to these provisions. THE CHARGE The indictment is framed in four counts. COUNT ONE—_The Common Design or Conspiracy._ The first count of the indictment charges that the defendants, acting pursuant to a common design, unlawfully, willfully, and knowingly did conspire and agree together to commit war crimes and crimes against humanity, as defined in Control Council Law No. 10.