g. "Initiating" is broader than merely the beginning of fighting. Deciding to initiate, participating in the declaration and all events surrounding the outbreak of hostilities constitute initiating of aggressive war. It may include the demands made with duress to allow occupation by Japanese troops in French Indo-China. h. Murder counts 39 to 43 are established by reason of the guilt under the conspiracy counts 37 and 38. It can also be shown by the proving of planning and preparing to "murder" or by proving the permitting of it. i. Murder counts 45 to 52 will be proved by evi-dence of planning, preparing or permitting. Counts 54 and 55 will be proved by the type of evidence which the count expressly required. j. In connection with Class B and C offences (including the murder counts which more properly appertain to it) it is the prosecution contention that the government of a country has an obligation to see that the various duties with respect to POW's are carried out. 8. Any particular question of liability not covered here should in case of doubt be taken up with Mr. Tavenner or Mr. Horwitz. -3-