We try them in an international court for crimes under international law which finds its authority not in power or force, but in the universal moral judgment of mankind. We shall now present our general theory of the prosecution’s case. In doing so, we shall outline the broad legal principles which establish the relevancy of our evidence to the crimes charged. We shall not, at this time, except perhaps for the purpose of illustration, relate it to each of these defendants. That will be done adequately enough to satisfy the Court and disconcert the defendants when we sum up. In count two of this indictment, we charge these defendants with the commission of war crimes as defined in article II, paragraph 1(_b_) of Law No. 10, and in count three we charge them with the commission of crimes against humanity as defined in Law No. 10, article II, paragraph 1(_c_). We have demonstrated that as we have charged these crimes in this indictment, we only ask for convictions for the same crimes for which the defendants before the IMT were tried; therefore, we adopt basically the following statements from the decision of the IMT: “With respect to war crimes, however, as has already been pointed out, the crimes defined by article 6, section (_b_) of the Charter [which are the same crimes defined by Law No. 10, article II, paragraph 1(_b_)] were already recognized as war crimes under international law.”[42] There’s a parenthetical statement in there, Your Honors will note. “But it is argued that the Hague Convention does not apply in this case, because of the ‘general participation’ clause of article 2 of the Hague Convention of 1907. * * *. “In the opinion of the Tribunal it is not necessary to decide this question. The rules of land warfare expressed in the Convention undoubtedly represented an advance over existing international law at the time of their adoption. But the Convention expressly stated that it was an attempt ‘to revise the general laws and customs of war’, which it thus recognized to be then existing, but by 1939 these rules laid down in the Convention were recognized by all civilized nations, and were regarded as being declaratory of the laws and customs of war which are referred to in Article 6 (_b_) of the Charter.