NMT II CASE 9

In the judgments of the individual defendants now to follow, no attempt will be made to cite from all the testimony and documents introduced on both sides. Such a treatment would give to the over-all Judgment a length out of all proportions to the nature of a final adjudication. Nor is it necessary. Although the Indictment has charged the several defendants with multiplicitous murders, the verdict of Guilty, where arrived at, does not need to be predicated on the total number contended for by the prosecution.

It is also to be noted that while emphasis throughout the trial has been on the subject of murder, the defendants are charged also in Counts I and II with Crimes against Humanity and violations of Laws and Customs of War which include but are not limited to atrocities, enslavement, deportation, imprisonment, torture and other inhumane acts committed against civilian populations. Thus, if and where a conclusion of guilt of murder is reached, such conclusion is not based alone on the charge of murder but on all committed acts coming within the purview of Crimes against Humanity and War Crimes. In each adjudication, without its being stated, the verdict is based upon the entire record.

Musmanno, Michael A., U.S.N.R, Military Tribunal II, Case 9: Opinion and Judgment of the Tribunal. Nuremberg: Palace of Justice. 8 April 1948. p. 130 (original mimeographed copy)

MILITARY TRIBUNAL II

SITTING IN THE PALACE OF JUSTICE

NUREMBERG, GERMANY

Individual Judgments