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the life and fate of to her human beings, no documents have been submitted which show Rostock's work and thought. Since all archives and documents centers are exclusively in the hands of the American Prosecution authorities, the Defense is at a disadvantage here. The entire correspondence of Rostock's office has been c... | Harvard: Medical Case (Karl Brandt et al.) | 3,105,000 | 3,105,500 |
of a clear conscience and with confidence Rostock awaits the judgment of this Tribunal. According to the results of the presentation of evidence, I am convinced that it is my duty to ask that Professor Paul Rostock be fully acquitted. THE PRESIDENT:Before proceeding with further argument the Tribunal will be in recess.... | Harvard: Medical Case (Karl Brandt et al.) | 3,105,450 | 3,105,950 |
all, I wish to remark here that the assertion of the prosecution, list this state of affairs had played a part in the Hamburg trials against Sclidlauski and Freitzhi is essentially incorrect. The accusations which were made in those proceedings against the defendants have nothing essential to do with the subject of thi... | Harvard: Medical Case (Karl Brandt et al.) | 3,105,900 | 3,106,400 |
certain amount of danger for an effective medical care of the wounded and consequently for the war potential of the German Wehrmacht and its striking power. In his lecture on the chemo-therapy of wound infection as delivered before the first conference East of the consulting specialists on 18 May 1943 and which I submi... | Harvard: Medical Case (Karl Brandt et al.) | 3,106,350 | 3,106,850 |
Kruegar, the Berlin professor for surgery, who claims to have observed a favorable effect of sulfonamide in an many as 5000 cases. To the third group finally, belonged the surgeons, bacteriologists and pathologists who took the view that nothing definite could be said as yet as to the effects and the efficacy of sulfon... | Harvard: Medical Case (Karl Brandt et al.) | 3,106,800 | 3,107,300 |
Gebhardt himself. Against the strict order of the Reich physician SS Grawitz, Gebhardt carried out the experiments not by artificially producing bullet wounds but by causing an infection under observation of all possible precautionary measures. It was further shown by the evidence that the experiments were started with... | Harvard: Medical Case (Karl Brandt et al.) | 3,107,250 | 3,107,750 |
less reason for this as it was realized long ago by German military surgery that the sulfonamide preparations are not suitable for the effective prevention of traumatic tetanus. Here I refer to the directives for the chemo-therapeutical treatment of wound infection which were issued at the First Working Congress East o... | Harvard: Medical Case (Karl Brandt et al.) | 3,107,700 | 3,108,200 |
Gebhardt's teacher Professor Dr. Lexer. This direct surgical treatment resulted in the scars, which the court has seen on the experimental subjects questioned as witnesses. As explained by Professor Dr. Alexander, the expert produced by the prosecution, these scars are the result not of the bacteriological infection bu... | Harvard: Medical Case (Karl Brandt et al.) | 3,108,150 | 3,108,650 |
whether the court regards the statements of this witness as sufficient to be drawn into the determining of the judgment. I want to answer this question in the negative, and finally not only because she had to revoke the most essential points of her previous affidavits, but because a large part of her testimony was base... | Harvard: Medical Case (Karl Brandt et al.) | 3,108,600 | 3,109,100 |
I have presented as Exhibit Gebhardt No. 13. As to particulars, I refer to the contents of the pact. It was on this day, at the very latest, that Poland ceased to exist as a sovereign state and as bearer of rights and duties. Due to war, the former Polish State ceased to exist as a state and therewith as a subject from... | Harvard: Medical Case (Karl Brandt et al.) | 3,109,050 | 3,109,550 |
1940 were active for the resistance movement no Polish army existed which was still active in battle. Third: The Prosecution seems to try to express that this Military Tribunal should not primarily apply territorial penal law but the principle of the international law. For this very reason the Prosecution has pointed o... | Harvard: Medical Case (Karl Brandt et al.) | 3,109,500 | 3,110,000 |
measures for the effective fighting of a resistance movement, whose only and openly admitted purpose it was to undermine and destroy the authority of the occupying power and the safety of the occupation troops. The right to do this can even be less contested in our case. Since with the outbreak of the German-Soviet war... | Harvard: Medical Case (Karl Brandt et al.) | 3,109,950 | 3,110,450 |
punishable with the death sentence. In order to exclude any doubts with regard to the legal status of the experimental subjects, it may finally be pointed out that the members of the Polish resistance movements, at least at the time during which the prisoners belonged to them, did not fulfill the conditions of Article ... | Harvard: Medical Case (Karl Brandt et al.) | 3,110,400 | 3,110,900 |
now proved that in recent decades and also even earlier, numerous experiments on humans were carried out, and, moreover, on persons who did not volunteer for such purpose. In this respect I refer to the statements of the expert Professor Dr. Leibrandt, witness for the prosecution. I furthermore refer to the extensive e... | Harvard: Medical Case (Karl Brandt et al.) | 3,110,850 | 3,111,350 |
question as to when and within which limits medical experiments are admissible calls for a judicial judgment, and that this cannot be established without taking practical experience into consideration, not only in Germany but also outside Germany. The standard rudiments of case facts are part of the legal facts and dea... | Harvard: Medical Case (Karl Brandt et al.) | 3,111,300 | 3,111,800 |
of the experiment is not a subject of the indictment, I need not go into detail about it. Members of the Polish resistance movement belonged to the second and third group, who in view of their activity in this illegal movement had been sentenced to death by German courts martial. It is a principle of German criminal la... | Harvard: Medical Case (Karl Brandt et al.) | 3,111,750 | 3,112,250 |
often occurs in practice. Not all of these theories need have to be discussed since the decisive points of view have now been clarified. At first it was tried to settle this question by applying the law referring to unauthorized acting for and on behalf of a person. Serious objections were raised against this transmiss... | Harvard: Medical Case (Karl Brandt et al.) | 3,112,200 | 3,112,700 |
of the position and the certainty of their eventual execution there can be, according to my opinion, very little doubt as to the result of this examination. Nor can there be two opinions regarding the question whether, under circumstances prevailing at that time, the utilization of the prisoners for these experiments w... | Harvard: Medical Case (Karl Brandt et al.) | 3,112,650 | 3,113,150 |
German army but was a matter of special research and measures in the armies all over the world. In 1942 these conditions in the German army and in the medical services of the Wehrmacht became intensified only insofar as with the beginning of the campaign against the Soviet Union new difficulties arose also with regard ... | Harvard: Medical Case (Karl Brandt et al.) | 3,113,100 | 3,113,600 |
1942 for the German Wehrmacht and therefore for the German state -- in particular regarding the assumption of an existing national emergency. The problem of emergency and the particular case of self-defense has been regulated in almost all criminal codes in a way applicable only to individual cases. The individual is g... | Harvard: Medical Case (Karl Brandt et al.) | 3,113,550 | 3,114,050 |
the so-called national emergency as an emergency involving the vital interests of the state and the commonwealth, not to be eliminated in any other way. As far as such emergency authorizes action, not only may a legal excuse be assumed, but a true ground for justification exists. How far an erroneously assumed national... | Harvard: Medical Case (Karl Brandt et al.) | 3,114,000 | 3,114,500 |
violations, excludes an appeal to national emergency. The requirement mentioned does not mean that the "way of salvation pursued must necessarily be the only one possible. Of course, if the different possibilities of salvation are evils of different degrees, only the lesser one is to be chosen. It must also be assumed ... | Harvard: Medical Case (Karl Brandt et al.) | 3,114,450 | 3,114,950 |
of warfare. When applying the concepts of self-defense and emergency as recognized by criminal and international law, the illegality of violations committed is excluded if the nation found itself in a situation which by the application of other means could not be relieved. In this connection the following must be point... | Harvard: Medical Case (Karl Brandt et al.) | 3,114,900 | 3,115,400 |
to be sure, is combined with subjective considerations of courses of action taken by the perpetrator in the line of duty. Therefore it is necessary to discuss both considerations - that of evaluating conflicting rights and interests and that of compulsion by duty - together even if we must, and shall, keep them distinc... | Harvard: Medical Case (Karl Brandt et al.) | 3,115,350 | 3,115,850 |
the individual interests. The saying "necessity knows no law" cannot claim unlimited validity. But just as little can the infringement on individual interests in order to save others, be outright considered as "contrary to good morals". The evidence has shown that the members of the resistance movement of Camp Ravensbr... | Harvard: Medical Case (Karl Brandt et al.) | 3,115,800 | 3,116,300 |
assumption of justificatory facts. This principle can be found also in Art. 59 of the German Penal Code. But beyond that, this legal principle may be considered one of the principles which are generally valid and which are derived from the general principles of the criminal law of all civilized nations, thus representi... | Harvard: Medical Case (Karl Brandt et al.) | 3,116,250 | 3,116,750 |
the witness stand, leave no doubt that when the experiments began in 1942, he had assumed the existence of such circumstances, which were indeed the starting point and motive for ordering and carrying out these experiments. (18) Action by Order and in Special Military Position. The defendant Gebhardt carried out the ex... | Harvard: Medical Case (Karl Brandt et al.) | 3,116,700 | 3,117,200 |
their seats. The Honorable, the Judges of Military Tribunal I. Military Tribunal I is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court. THE PRESIDENT:Mr. Marshal, will you ascertain if the defendants are all present in court. THE MARSHAL:May it please y... | Harvard: Medical Case (Karl Brandt et al.) | 3,117,150 | 3,117,650 |
The activities of the defendant Oberhauser were limited mainly to the distribution of the various Sulfonamide preparations and the administering of pain-relieving preparations. She carried out the orders given her in this connection and did not develop any independent activity in connection with the post-operative trea... | Harvard: Medical Case (Karl Brandt et al.) | 3,117,600 | 3,118,100 |
power to help her patients if possible, and that in spite of the most difficult conditions she tried to treat patients in accordance with the principles generally recognized in medicine. The presentation of evidence has, therefore, given no proof that the activity which is specified as "post-operative treatment" presen... | Harvard: Medical Case (Karl Brandt et al.) | 3,118,050 | 3,118,550 |
nothing else but the application of examination methods which are customary before every surgical operation, even the smallest. We have to add here that all these operations necessitated administration of a narcosis and, for this reason, this preliminary examination seemed most necessary. From these facts the following... | Harvard: Medical Case (Karl Brandt et al.) | 3,118,500 | 3,119,000 |
her original assignment. According to the facts it also appears completely out of the question that the defendant Oberhauser supported in any way whatsoever the decision to carry out these experiments, neither in the case of the defendant Karl Gebhardt nor in the case of any other person connected with these experiment... | Harvard: Medical Case (Karl Brandt et al.) | 3,118,950 | 3,119,450 |
himself conducted only in compliance with orders given him. By examining the experimental subjects she merely carried out her orders and did nothing which could rightly be called a consequential promotion of these experiments. Her position in the Damp and in connection with the experiments was so inferior that the inte... | Harvard: Medical Case (Karl Brandt et al.) | 3,119,400 | 3,119,900 |
concerned and the reason for the exclusion of guilt in the erroneous acceptance of such a presumed consent. Furthermore, all those facts have to be considered which justify the assumption of a state of war emergency. The defendant Oberhauser can in particular allege that she had acted on orders, and that for this reaso... | Harvard: Medical Case (Karl Brandt et al.) | 3,119,850 | 3,120,350 |
defendant Fischer participated in the experiments for testing the effect of sulfanilamide upon orders of his medical and military superior Karl Gebhardt. It is recognized in the Penal Code of all civilized nations that action upon orders represents a reason for exemption from guilt, even if the order itself is contrary... | Harvard: Medical Case (Karl Brandt et al.) | 3,120,300 | 3,120,800 |
service". These assumptions are immediately present both in the case of the defendant Karl Gebhardt and in that of the defendant Fritz Fischer. Both were medical officers of the Waffen-SS; therefore a unit of the German Wehrmacht in which especially the principle of obedience was strongly pronounced. Karl Gebhardt was ... | Harvard: Medical Case (Karl Brandt et al.) | 3,120,750 | 3,121,250 |
47 of the German Military Penal Code establishes a penal responsibility on the part of the subordinate only if it was "known" to him that the order concerned an act "the purpose" of which was a crime or an offense. The German administration of justice demands in addition a "definite knowledge" on the part of the acting... | Harvard: Medical Case (Karl Brandt et al.) | 3,121,200 | 3,121,700 |
Fritz Fischer, not by a military superior who would not have been in a position or duly qualified to give an expert decision of this question, but by a person who not only occupied a high military rank but beyond that had just that particular experience in the sphere in which the experiments were to be carried out. The... | Harvard: Medical Case (Karl Brandt et al.) | 3,121,650 | 3,122,150 |
front line, and his own serious war injury, are proof that his idea, that it. is necessary in wartime to subordinate the individual to the common interests and the unconditional submission to military orders, is not an empty phrase to him but his sincere conviction and moral standard. There is also an undeniable differ... | Harvard: Medical Case (Karl Brandt et al.) | 3,122,100 | 3,122,600 |
him only very limited part orders as his clinical assistant, and this shows clearly again the purely military condition of subordination. As Fritz FISCHER also strictly adhered to the part-orders given to him and did not show any initiative of his own, it excludes him moreover from any responsibility concerning questio... | Harvard: Medical Case (Karl Brandt et al.) | 3,122,550 | 3,123,050 |
that are binding on the members of the hierarchy under all circumstances and are therefore law where the officials are concerned, even if outsiders may see that they are defective as regards content or form.... .....The result of the development in the Reich of Hitler was at any rate that HITLER became the supreme legi... | Harvard: Medical Case (Karl Brandt et al.) | 3,123,000 | 3,123,500 |
incontestably valid. To mention only the most striking cases, this fact was relied upon when the British Prime Minister, Neville Chamberlain, after the Munich conference, displayed the famous peace paper, when he handed at Croydon. This fact was adhered to when people went to war against the Reich as the barbarous desp... | Harvard: Medical Case (Karl Brandt et al.) | 3,123,450 | 3,123,950 |
struggles which so many German officials had to fight out in these years in face of many a decree or resolution of Hitler's. For them such cases were not a question of a conflict between right and wrong: Disputes about legality sank into insignificance. For them the problem was one of legitimacy: as time went on, human... | Harvard: Medical Case (Karl Brandt et al.) | 3,123,900 | 3,124,400 |
crime but may be considered in mitigation." In the face of this objection the following is to be pointed out: At the time of their actions the defendants were subject to German law according to which the degree of their responsibility was determined and, oven to day, must justly be referred back to that moment. The fol... | Harvard: Medical Case (Karl Brandt et al.) | 3,124,350 | 3,124,850 |
not contrary to law." With good reason it has always been emphasized that in such a situation of conflict of diversified duties the decision is, in the end, not to be found in positive law, but it is of an ethical nature. That is why, in such a situation, a certain leeway must be left to the personal conscience: it is ... | Harvard: Medical Case (Karl Brandt et al.) | 3,124,800 | 3,125,300 |
- just in the case of young university students not only derived from the fact that granting of privileges during the course of study and the admission to examinations was rendered dependent upon it, but over and beyond this, it was, of their duty to join any of the formations of the Party and to do service there, owin... | Harvard: Medical Case (Karl Brandt et al.) | 3,125,250 | 3,125,750 |
just interests of the German people. The misgivings about much abuse of National Socialism were bound to lose a good deal of their strength, when it was shown, in the years after the seizure of power , that also the other nations of Europe and the rest of the world did not hesitate to recognize the National-Socialist S... | Harvard: Medical Case (Karl Brandt et al.) | 3,125,700 | 3,126,200 |
nor had any knowledge of it, conditions for condemnation according to Count IV of the Indictment do not appear to be fulfilled. CERTIFICATE OF TRANSLATION 9 June 1947 I, E.J. Hinchliffe, Civ. No. Military Permit 026034, hereby certify, that I am thoroughly conversant with the English and German languages and that the a... | Harvard: Medical Case (Karl Brandt et al.) | 3,126,150 | 3,126,650 |
his character and his morals were destroyed by it, if on the other hand it can be said that Prof. Schroeder had nothing to do in the least with National Socialism, that he was never a member of the Party and that he rejected completely its aims. Would it be possible to bring such a man in connection with criminal aims,... | Harvard: Medical Case (Karl Brandt et al.) | 3,126,600 | 3,127,100 |
not consist of physicians, but of higher administrative officials of SS and Party. It is not necessary to mention that in view of Schroeder's political and ideological attitude there can be no connection between him and the other two groups. Prof. Schroeder's personality as well as the picture of his life and character... | Harvard: Medical Case (Karl Brandt et al.) | 3,127,050 | 3,127,550 |
model of the old conscientious medical officer. The entire country, not a people divided into groups of parties and interests, was the meaning of life for the soldier, Schroeder He kept far from political activities. The witness Dr. Hielscher, when examined before this Tribunal characterized the ignorance of the German... | Harvard: Medical Case (Karl Brandt et al.) | 3,127,500 | 3,128,000 |
old officer, sensed the unsound character of the development, but he hoped yet to be able to give a turn to matters and to bring about a healthier course of things. Therefore, he did not withdraw from the fields he tried by quiet purposeful work, by strict performance of his duty, as had been his life for decades, to b... | Harvard: Medical Case (Karl Brandt et al.) | 3,127,950 | 3,128,450 |
man of his professional concepts and sense of honor with conspiratorial aims of a criminal nature, such as is charged by the prosecution. Conspiracies to commit crimes grow on a different soil from the one I have endeavoured to describe. Otherwise it would not have been possible for men of science who today again hold ... | Harvard: Medical Case (Karl Brandt et al.) | 3,128,400 | 3,128,900 |
out prior to 1st Jan. 1944. His sphere of duties was confined to the medical care of the Airfleet units under him and he was without any official points of contact with the Medical Inspectorate unless the latter was competent for his position as an Airfleet doctor. To give a picture of Prof. Schroeder's duties at that ... | Harvard: Medical Case (Karl Brandt et al.) | 3,128,850 | 3,129,350 |
in October 1942 in Nuernberg. He therefore did not receive a direct report about Prof. Holzloehner's lecture. The conclusion reached by the prosecution from the fact that the pamphlet "Sea- and Winter Distress" which was sent to Prof. Schroeder's agency in 1943 that it showed in Holzloehner's lecture contained therein ... | Harvard: Medical Case (Karl Brandt et al.) | 3,129,300 | 3,129,800 |
connection with yellow fever, hepatitis epidemica and typhus experiments. The same applies to these experiments as well. Schroeder is unable to recognize any responsibility for these experiments insofar as they took place in the period of time prior to January 1st, 1944. It would therefore appear unnecessary to deal wi... | Harvard: Medical Case (Karl Brandt et al.) | 3,129,750 | 3,130,250 |
Hippke's term of office, nor when Schroeder was Chief of the Medical Services. He did however receive such a research assignment from the Reich Research Counsel, but this was exclusively in in his capacity as Director of the Hygiene Institute Strassburg. This research assignment was designated, as Top Secret and was to... | Harvard: Medical Case (Karl Brandt et al.) | 3,130,200 | 3,130,700 |
limited to his work as Air Force Physician 2. Only after he took over his position as Chief of the Medical Service of the Luftwaffe did he learn that in 1942 the then Medical Inspector of the Luftwaffe had issued an assignment to Professor Haagen in Strasbourg to produce typhus vaccine on a large scale. No experiments ... | Harvard: Medical Case (Karl Brandt et al.) | 3,130,650 | 3,131,150 |
typhus epidemic in the Natzweiler Camp which broke out in February 1944 and was brought in from the East by some inmates....About the spread of the epidemic the witness Grandjean testified that he alone with a nurse looked after 1200 typhus patients when he was an inmate nurse. The camp physician had requested the help... | Harvard: Medical Case (Karl Brandt et al.) | 3,131,100 | 3,131,600 |
of the Luftwaffe he had no connection whatever with the activities of Professor Rose in Buchenwald and these activities of Professor Rose had nothing to do with the Medical Inspectorate of the Luftwaffe. In this respect Professor Rose acted in his capacity as Vice-President of the Robert Koch-Institute and it behoves u... | Harvard: Medical Case (Karl Brandt et al.) | 3,131,550 | 3,132,050 |
concerned. Professor Schroeder has mainly been accused by the Prosecution for having permitted these experiments to be carried out in a concentration camp. The Prosecution in its case against Professor Schroeder further stated that these experiments were not necessary at all and it drew the conclusion that the experime... | Harvard: Medical Case (Karl Brandt et al.) | 3,132,000 | 3,132,500 |
Schroeder and Dr. Becker-Freyseng realized that quite clearly. From the chemical point of view this problem could also have been solved in a simple manner. The difficulty which existed for Professor Schroeder with regard to this problem, however, was within another field; this was the shortage of raw materials prevaili... | Harvard: Medical Case (Karl Brandt et al.) | 3,132,450 | 3,132,950 |
the same conference by the pharmacologist Professor Heubner, who is still one of the leading specialists in the field today. Professor Schroeder would not have been able to turn down both methods. He then would have been reproached with the fact, that he had not done everything within his power in order to make the pos... | Harvard: Medical Case (Karl Brandt et al.) | 3,132,900 | 3,133,400 |
a concentration camp. He thought the circumstances in such a camp were no different from those prevailing in a military camp and only the names Dachau and Oranienburg were known to him as concentration camps. In this connection, it may be pointed out that the SS surrounded events in the concentration camps with an almo... | Harvard: Medical Case (Karl Brandt et al.) | 3,133,350 | 3,133,850 |
he could only work with healthy and voluntary experimental persons whose age corresponded to that of the pilots under his command, and he made the further condition that the experimental persons should have the same physiological and racial requisites as the members of the German Wehrmacht in question. In direct examin... | Harvard: Medical Case (Karl Brandt et al.) | 3,133,800 | 3,134,300 |
the experiments would be carried out in a humane manner taking into account all medical and clinical considerations. Therefore, it is fully justified if Professor Schroeder claims that he, from his position as a physician and a leading medical officer, considered all possible situations and attempted to avert all possi... | Harvard: Medical Case (Karl Brandt et al.) | 3,134,250 | 3,134,750 |
health from the experiments, and that they all, after only short periods of time, recovered their full strenght. Your Honors, if one surveys the conduct of Professor Schroeder during the entire period from 1940 until the end of the war one will not be able to find one single piece of evidence to show that Professor Sch... | Harvard: Medical Case (Karl Brandt et al.) | 3,134,700 | 3,135,200 |
of the defendants do not need their full hour, that time can be devoted to the benefit of other defendants. The Tribunal will now be in recess until 1:30 o'clock. (A recess was taken until 1330 hours, 16 July 1947) AFTERNOON SESSION (The Tribunal reconvened at 1330 hours, 16 July 1947.) THE MARSHAL:The Tribunal is agai... | Harvard: Medical Case (Karl Brandt et al.) | 3,135,150 | 3,135,650 |
milieu has, more and more created prejudices, prejudices against the individual defendant in this case, Prejudices, in fact which worked, as it were against the whole of the German Medical Profession and even the whole of the German people. I have therefore pointed out the ********* exemplary attitude of Professor Nash... | Harvard: Medical Case (Karl Brandt et al.) | 3,135,600 | 3,136,100 |
to that criminal clique which had formed itself like a brazen ring around Hitler and Himmler, around Kaltenbrunner and Heydrich and the other millionfold murderers. So far to the quotation from my plea. I shall proceed without quoting. Under point 2 of my document, pages 5 to 14 I explain my attitude to the charge that... | Harvard: Medical Case (Karl Brandt et al.) | 3,136,050 | 3,136,550 |
in his various affidavits, has assumed that Blome was the deputy of Conti and as such must have been informed about these experiments does not determine anything. This is an assumption on the part of Rudolf Brandt which can not be maintained. It is especially surprising to me that the prosecution also charged Dr. Blome... | Harvard: Medical Case (Karl Brandt et al.) | 3,136,500 | 3,137,000 |
I shall read my statements, as from page 24 of the document which is in front of you. Here I take position as to this charge by the Prosecution and refer you to page 24, No. 5: Probably the most severe accusation against Dr. Blome seemed to be the allegation that he had proposed the murder of 25 - 30 000 tubercular Pol... | Harvard: Medical Case (Karl Brandt et al.) | 3,136,950 | 3,137,450 |
21 November 1942 it is obvious that Hitler also had given his approval to the extermination of the Poles already before. Thereupon, after a subsequent examination of the matter, Hitler withdrew the extermination order and thus Himmler had no alternative but to do the same. This is clearly proved by Himmler's letter of ... | Harvard: Medical Case (Karl Brandt et al.) | 3,137,400 | 3,137,900 |
as he considered this most likely to be successful. Dr. Blome therefore looked for such reasons which would perhaps have a decisive influence on Hitler and these were either the Church or the other nations. It is understandable that Hitler, in view of the tense situation at that time, amidst the second world war, did n... | Harvard: Medical Case (Karl Brandt et al.) | 3,137,850 | 3,138,350 |
the murder. This success, which could hardly have been anticipated because of Hitler's obstinacy and vainglory completely justifies the defendant Blome. It proves that Blome's conception was the right one and that his manipulations saved the lives of the Poles. Another matter helped Blome considerably, which must not b... | Harvard: Medical Case (Karl Brandt et al.) | 3,138,300 | 3,138,800 |
be traced to his state of mental health. During the session of 9 Dec. 1946 (German examination records p. 107 of 9 Dec. 1946) the Prosecuting authorities announced: "We shall produce evidence to show that the program was executed towards the end of 1942 and at the beginning of 1943, and that on the strength of proposal... | Harvard: Medical Case (Karl Brandt et al.) | 3,138,750 | 3,139,250 |
It should be observed, however, that these proposals by Blome did not originate from him, but had already been discussed during the meeting of the German Tuberculosis Society in 1937, and went back to proposals which had already been worked out years before by English research workers tuberculosis on instructions from ... | Harvard: Medical Case (Karl Brandt et al.) | 3,139,200 | 3,139,700 |
which will remain a historical credit to Blome. DR. SAUTER:So far the quotations in connection with tuberculosis. The merit of Dr. Blome which I have just spoken about cannot be denied by the closing brief of the Prosecution in which they use the term nonsense, the affidavit of Rudolf Brandt, and therefore the affidavi... | Harvard: Medical Case (Karl Brandt et al.) | 3,139,650 | 3,140,150 |
are the Doryl and Polygal experiments. On page 36 to 41 I dealt with these questions explicitly and I draw the attention of the Court to the fact that with Doryl which is a poisonous drug no human experiments were made, and furthermore that the harmless and not dangerous treatment with Polygal cannot be described as ex... | Harvard: Medical Case (Karl Brandt et al.) | 3,140,100 | 3,140,600 |
own life, he has forfeited it. But this sentimental point of view entails certain dangers because it makes us forget too easily that in American Law also a defendant is regarded as innocent while the prosecution have not proved the guilt of this defendant beyond doubt. Only recently the verdict of the American Military... | Harvard: Medical Case (Karl Brandt et al.) | 3,140,550 | 3,141,050 |
behaviour and moral of the whole rank. And even if we suppose that perhaps another few hundred physicians and researchers had taken part in the experiment on human beings and in the "Euthanasia Action", not here in the dock, the number of guilty persons in comparison with the total number of the entire profession is st... | Harvard: Medical Case (Karl Brandt et al.) | 3,141,000 | 3,141,500 |
reason made fatal injections on prisoners or tortured them to death be regarded as representative of the German medical profession. No: representative of a model German physician also during Hitler's time is the non-political, practicing physician, who, even if he did perhaps formally belong to the Party, strongly oppo... | Harvard: Medical Case (Karl Brandt et al.) | 3,141,450 | 3,141,950 |
my plea in writing, Your Honors. In order to come back to the case Blome, no guilt of the defendant has been proved, but only that he tried to help wherever he heard, help was needed and that he did so with success, although often endangered, and that he saved the lives of hundreds of thousands of people who, by Himmle... | Harvard: Medical Case (Karl Brandt et al.) | 3,141,900 | 3,142,400 |
definitely be stated right away that the purely formal subordinate relationship never constitutes a punishable fact as such. In addition there must be either exact knowledge of the punishable acts of the subordinate in question, or the superior must have ordered the subordinate to take these actions. Only then and only... | Harvard: Medical Case (Karl Brandt et al.) | 3,142,350 | 3,142,850 |
this matter I would like to begin by stating that during the almost three months in which the Prosecution presented its case the name of Dr. Genzken was mentioned only rarely. Document No.NO-1657, Prosecution Exhibit 484, which was submitted by the Prosecution during the cross-examination of Sievers, was, to be sure, d... | Harvard: Medical Case (Karl Brandt et al.) | 3,142,800 | 3,143,300 |
with poisons -- and No. 6L -- experimentswith phosphorus incendiary bombs-further explanations concerning these two counts are unnecessary. Thus, according to the indictment and the oral statement of the Prosecution, the remaining charges against Dr. Genzken contain only the sulphonimide experiments in the concentratio... | Harvard: Medical Case (Karl Brandt et al.) | 3,143,250 | 3,143,750 |
He was never informed by Professor Gebhardt and only long after he experiments were over did he find, out about them, but here also only as a third person, and no more than the public at larger The prosecution could produce no letter or other document bearing on the Ravensbrueck sulphanomide experiments which was signe... | Harvard: Medical Case (Karl Brandt et al.) | 3,143,700 | 3,144,200 |
subordinate, but was the immediate subordinate of the person from whom he had received his research assignment, that is to this extent he was immediately subordinate to Grawitz. Dr. Ding had a written order to carry out typhus experiments from Grawitz. The stamp of the experimental station in Block 46 read, "Reichsfueh... | Harvard: Medical Case (Karl Brandt et al.) | 3,144,150 | 3,144,650 |
Mrugowsky that Dr. Genzken had nothing to do with the scientific experiments. He furthermore could not even have given any orders for the execution of such scientific research work in a concentration camp. The research institute was located in the Buchenwald concentration camp and was administratively and economically ... | Harvard: Medical Case (Karl Brandt et al.) | 3,144,600 | 3,145,100 |
with the issuance of approval for a change of name for the vaccine production site, the suggestion having originated with Ding and not Dr. Genzken. This took place as late as fall of 1943. Consequently the diary entry does not form a firm basis for the conception of the Prosecution, which is not supported by any other ... | Harvard: Medical Case (Karl Brandt et al.) | 3,145,050 | 3,145,550 |
if he is connected with war crimes or crimes against humanity through his direct participation or knowledge. Dr. Genzken by no means denies having been a higher SS leader and having joined the SS Verfuegungstruppe voluntarily. Moreover, he was never a member of a resistance movement and does not want to produce materia... | Harvard: Medical Case (Karl Brandt et al.) | 3,145,500 | 3,146,000 |
guilty in the sense of the other counts of the indictment. Thus, Your Honors, I place the future fate of the defendant Dr. Genzken confidently into your hands and I am firmly convinced that you will pronounce a just sentence. THE PRESIDENT:The Tribunal will hear from counsel for the defendant Rudolf Brandt. DR.KAUFFMAN... | Harvard: Medical Case (Karl Brandt et al.) | 3,145,950 | 3,146,450 |
course, more than that. But the fact that all those who observed him at closest range and for many years, considered the technical aspect of his job with Himmler as absolutely predominant, should be food for thought. What all witnesses have unanimously testified to is their observation of a subaltern, intellectually in... | Harvard: Medical Case (Karl Brandt et al.) | 3,146,400 | 3,146,900 |
not know, did not read, much loss studied most of the incoming and outgoing papers of medical character, among these thousands of monthly incoming and outgoing papers coming under "personal-referat"; I hold it to be true that without exception he did not know the specialized medical reports and their details. The testi... | Harvard: Medical Case (Karl Brandt et al.) | 3,146,850 | 3,147,350 |
25 year old Brandt followed from the day on which he decided to become a member of the personal staff of Himmler. It is an old experience that a young man with a sound character is the more likely to attach himself to a powerful man if this man stands out before his inferiors as a model of good fellowship and industry.... | Harvard: Medical Case (Karl Brandt et al.) | 3,147,300 | 3,147,800 |
they left documents, speeches, and other things to humanity, and they committed acts which - thank God - have radically destroyed the legend that they were honorable men. Nothing of all that applies to Rudolf Brandt, if I may mention him at all in connection with the foregoing. He, who only had a chance to occupy himse... | Harvard: Medical Case (Karl Brandt et al.) | 3,147,750 | 3,148,250 |
liquidation of hundreds of thousands of people by gas, overwork, and other methods were known only to a few compared to the total of 80 million Germans; perhaps several thousand knew about it. No commandant of a concentration camp or his guards who committed such atrocities would have had any reason to publish such cru... | Harvard: Medical Case (Karl Brandt et al.) | 3,148,200 | 3,148,700 |
of an unthinking tool, but it is nevertheless true that Brandt, already at the beginning of the war, was no longer a person of whom one could have expected any intellectual resistance against Himmler. Brandt had lost his own standard, to be more exact, Himmler had become his standard more and more, so that he could not... | Harvard: Medical Case (Karl Brandt et al.) | 3,148,650 | 3,149,150 |
the defense become dimmed or even influenced in an entirely unfavorable way by the sworn affidavits which he gave to the prosecution, but which are wrong in essential points? I have to answer this question in the negative. The entire controversy about Brandt's own affidavits shows that this defendant lacked intelligenc... | Harvard: Medical Case (Karl Brandt et al.) | 3,149,100 | 3,149,600 |
the position in which I found myself then. Your Honors could not do so even with the best of intentions since those conditions were unique and cannot be re-constructed; nevertheless; in asking for a just verdict, I would again and again refer to the three aspects because I myself am deeply impressed by the extremely we... | Harvard: Medical Case (Karl Brandt et al.) | 3,149,550 | 3,150,050 |
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