. NMT02-T0878
Volume II · Page 878
against nationals of other countries, the Tribunal has heretofore considered such charges and has made an adjudication concerning the same in count number one of the indictment. The conclusion of the Tribunal is that the same unlawful acts of violence which constituted war crimes under count one of the indictment also constitute crimes against humanity as alleged in count three of the indictment. Therefore, the Tribunal found the defendant guilty of crimes against humanity under count three, with which finding I concur.
In weighing the evidence, the Tribunal simulated the ancient customs of using the seed of the oriental carob tree to balance the scales of justice. The defendant should not now complain.
Therefore, for the reasons stated, I am in full agreement with the judgment of the Tribunal and concur therein.
Respectfully submitted this the 15th day of April, 1947[Signed] FITZROY D. PHILLIPS
Fitzroy D. Phillips
Judge, Military Tribunal No. II
878
