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who may be disposed to trample again upon these mainstays of civilization. Greater wisdom, however, abides on the side of moderation; after all, hardly any nation in this century can be absolved of all moral guilt. Permit me, therefore, that I conclude with three moment us words, guides to a rebirth of the world: Truth... | Harvard: Medical Case (Karl Brandt et al.) | 3,150,000 | 3,150,500 |
appreciated as an act of greatest self-denial. I only want to deal very briefly with Sievers' position in the Ahnenerbe Society that I have described in detail in my Closing Brief. I consider this necessary because the Prosecution has described Sievers as the authority in the Ahnenerbe and the "director" of the Institu... | Harvard: Medical Case (Karl Brandt et al.) | 3,150,450 | 3,150,950 |
from his activities with Dr. SCHILLING, which was expressly requested by the former. The entermological station in Dachau, which belonged to the Institute for military scientific research had not the least thing to do with either Dr. SCHILLING's malaria research or with experiments on human beings, as witness Dr. MAY t... | Harvard: Medical Case (Karl Brandt et al.) | 3,150,900 | 3,151,400 |
barracks by the natives when in Germany for a long time already the "Chevauzleger" - as the light cavallery of the old Bavarian army was called -- were non-existent. Therefore, here too there was no connection of Sievers with the typhus experiments (See Closing Brief, pages 69-75). 5. If the Prosecution maintained that... | Harvard: Medical Case (Karl Brandt et al.) | 3,151,350 | 3,151,850 |
Himmler and other participants, that the people experimented on were volunteers? What reason should Sievers have to assume that the doctors assigned to carry out these experiment would disregard the principles of medical professional ethics? There is nothing at all which lead one to assume that Sievers know about the e... | Harvard: Medical Case (Karl Brandt et al.) | 3,151,800 | 3,152,300 |
he ever in Auschwitz, and did not exercise influence of any sort on the operation Dr. Hirt or Dr. Beyer, Now, Sievers signed the letter drafted by Dr. Beyer, dated 21 June 1943 and addressed to the Main Reich Security Office (Reichssicherheitshauptamt) which contained material on the transfer from Auschwitz to Natzweil... | Harvard: Medical Case (Karl Brandt et al.) | 3,152,250 | 3,152,750 |
be passed against him. Rather, I am of the view that this activity must inevitably lead to his acquittal, even if the Tribunal, contrary to all expectations, should be inclined to the opinion that Sievers took part in the incriminating experiments. I first intend to state my attitude toward a number of legal questions ... | Harvard: Medical Case (Karl Brandt et al.) | 3,152,700 | 3,153,200 |
taking upon yourselves a responsibility before the entire world and for all time, a responsibility with which a tribunal only seldom finds itself confronted. But on the other hand you can also say with pride that in your judgment you have done the world, in its struggle for peace and justice an incalculable service. An... | Harvard: Medical Case (Karl Brandt et al.) | 3,153,150 | 3,153,650 |
but the duty of every individual. Is it not a fact that the collective guilt of the whole German nation is that it had viewed the activities of the Nazi regime without doing anything about it, at the most with their secretly clenched in their pockets? Muder and manslaughter, bodily injury and deprivation of liberty com... | Harvard: Medical Case (Karl Brandt et al.) | 3,153,600 | 3,154,100 |
a literal translation of the German expressions "Not" or "Notstand". Thus under the plea of necessity a shipwrecked person may push his companion in misfortune from a plank which cannot support both, Applied to resistance movements against criminal governments, these principles mean that even third parties may be hurt,... | Harvard: Medical Case (Karl Brandt et al.) | 3,154,050 | 3,154,550 |
battle also set in from the beginning. Nothing would be more wrong, of course, that to imagine that this battle could be fought quite openly, with a great deal of publicity, with the use of physical violence, with fire arms, bombs, war and war cries. Not even the trade unions, the most highly organized and determined o... | Harvard: Medical Case (Karl Brandt et al.) | 3,154,500 | 3,155,000 |
it? Who knew of its existence before the bomb burst in Hitler's headquarters on July 20, 1944? The same was the case with all the other resistance groups which unfortunately no longer were in the possibility of acting and part of which had been traced up and secretly killed. The fact that all of them existed is proved,... | Harvard: Medical Case (Karl Brandt et al.) | 3,154,950 | 3,155,450 |
was as far as possible removed from national-socialistic ideas. He, the son of a director of church music, was engaged in studies of history and history of religion. His character make-up led him to the Wandervogel and to the Boy-Scouts; these were interests, activities, inner attitudes which were ridiculed and slander... | Harvard: Medical Case (Karl Brandt et al.) | 3,155,400 | 3,155,900 |
in a criminal manner and with criminal means, that from the very beginning they constituted a direct danger to peace and to all civilization, and that finally the worst fears on this score became a horrible reality. The primary condition for defense, self-defense, is beyond all doubt, the following: an imminent illegal... | Harvard: Medical Case (Karl Brandt et al.) | 3,155,850 | 3,156,350 |
qualified men of courage as closely as possible in the entourage of leading personalities of the NS among which Himmler was the most dangerous one. (c) Removal of Himmler and other top men upon a given signal. (d) Seizure of the government by an organization kept in readiness for this purpose. Hielscher also had realiz... | Harvard: Medical Case (Karl Brandt et al.) | 3,156,300 | 3,156,800 |
a participant in or accessory to the crimes under indictment. However, if one does assume that Sievers has to be found guilty on some of the counts as charged by the Prosecution, it will be my task to find the justification of this conduct before a forum of natural law, as transcending human law, and to place it before... | Harvard: Medical Case (Karl Brandt et al.) | 3,156,750 | 3,157,250 |
of the fact that he would no longer be able to complete his task at the post assigned him, if he allowed himself to be guided by his personal feelings. Perhaps Sievers would have had the possibility of disappearing from his post without much ado and with no great disadvantage for himself. Could he not have retired to a... | Harvard: Medical Case (Karl Brandt et al.) | 3,157,200 | 3,157,700 |
times. It is a known fact that the French general Giraud made good his escape from a German camp in 1942 wearing the uniform of a German General. Everything Sievers did - his membership in the NSDAP from 1929 to 1931, his renewed membership in the NSDAP and SS at a later time, his high position within these organizatio... | Harvard: Medical Case (Karl Brandt et al.) | 3,157,650 | 3,158,150 |
constitute rights of high value. There may have been hundreds of victims who had to suffer in this connection. However, it was a negligibly small number in comparison with the masses which Himmler, Hitler and their accomplices had already murdered or intended to murder. I now ask: Which of the two contesting fights is ... | Harvard: Medical Case (Karl Brandt et al.) | 3,158,100 | 3,158,600 |
about those experiments in the concentration camps and prepared them and assisted the doctors accused here? Would you sentence these people for complicity? What does for instance, the witness Neff say on 18 December 1946? "I am aware of the responsibility and of the consequences. It was not only the court martial, not ... | Harvard: Medical Case (Karl Brandt et al.) | 3,158,550 | 3,159,050 |
be found guilty of participation in inadmissible experiments on human beings, it must be taken into consideration that he did no more that what he was forced to do by his orders. In no place and at no time did he do anything which went beyond the orders given to him. What he did, he had to do, in order to fulfill the g... | Harvard: Medical Case (Karl Brandt et al.) | 3,159,000 | 3,159,500 |
where the evidence brought in by the Prosecution is taken from, are in the hands of the Prosecution. It selected parts of them hich, separated in part from the content, seem to incriminate the defendants. But it made it impossible for the defendants to find the records which are in connection with the evidence produced... | Harvard: Medical Case (Karl Brandt et al.) | 3,159,450 | 3,159,950 |
as a scientific research worker. When asked by Dr. Tipp: "So you admit that for the physician as a therapeutist, the physician who cures, other rules and therefore other paragraphs of the oath of Hippocrates are in force?" he gave the answer; "Yes, I do so without any doubt." Consequently experiments on human beings ca... | Harvard: Medical Case (Karl Brandt et al.) | 3,159,900 | 3,160,400 |
people who died of typhus amongst the civil population of the occupied Eastern territories and the German Armed Forces is to be considered. It is clear that under conditions drastic measures had to be taken. When judging the Thphus experiments carried out in the concentration camp Buchenwald one must not forget that Ge... | Harvard: Medical Case (Karl Brandt et al.) | 3,160,350 | 3,160,850 |
precaution I offered evidence for the correct execution in my closing brief. On a question asked by DR. Sauter, Prof. Ivy observed that he did not think the State could take the responsibility to order as scientist to kill a man to get knowledge. The case with the typhus experiments is different. No order was given to ... | Harvard: Medical Case (Karl Brandt et al.) | 3,160,800 | 3,161,300 |
and early in 1945 Mrugowsky could have carried through a series of experiments in compound 46 only with a special permission. This refutes the assumption of the Prosecution that compound 46 was placed under Mrugowsky's orders. But above all I want to stress again the affidavit given by Dr. Morgen on May 23, 1947 in whi... | Harvard: Medical Case (Karl Brandt et al.) | 3,161,250 | 3,161,750 |
which Ding sent to Grawitz for consent to publication on 18 months after the experiments were completed and which Grawitz then gave to Mrugowsky to return it to Ding. But from this knowledge no responsibility of Mrugowsky for the typhus experiments can be deduced. The experiments were ordered by Himmler and Grawitz as ... | Harvard: Medical Case (Karl Brandt et al.) | 3,161,700 | 3,162,200 |
execution of a series of typhus experiments was produced. The only witness who might be able to tell anything about the order given to Ding in respect of the typhus experiments by his own knowledge is the witness Dr. Morgen. I just remarked that Morgen saw the order given by Grawitz to Ding for the execution of the typ... | Harvard: Medical Case (Karl Brandt et al.) | 3,162,150 | 3,162,650 |
want to emphasize once more the principal points: Kogon described in the witness stand the dramatic circumstances under which he pretends to have saved the so-called diary of Ding. I needn't point out that the particular occurrences which happened when he saved the diary as he pretends he did would have i pressed him s... | Harvard: Medical Case (Karl Brandt et al.) | 3,162,600 | 3,163,100 |
preservation of the diary had occurred in the way described by Kogon in the Pohl trial it certainly would have been recollected by him so clearly that a different description would be impossible too. So the two descriptions about the preservation of the diary, differing so fundamentally from each other, can be explaine... | Harvard: Medical Case (Karl Brandt et al.) | 3,163,050 | 3,163,550 |
the prosecution for the charges against several defendants. So the Prosecution ought to have found it more important to have the genuineness of the Ding diary examined than the Beiglboeck documents. Ding signed in ink. So the institutes at Frankfurt would have been able to ascertain without any difficulty whether the s... | Harvard: Medical Case (Karl Brandt et al.) | 3,163,500 | 3,164,000 |
draft of the report was written in Block 50 by the second compound clerk. Such draft has no probative value unless it was signed by the person who is to sign it. In this instance this would have been Ding. Mr. Hardy admitted that this work report was only prepared for signature by Ding. He thereby admitted that it was ... | Harvard: Medical Case (Karl Brandt et al.) | 3,163,950 | 3,164,450 |
takes the Ding diary for information it appears that in a number of test series the cultural virus used was no more pathogen out for human beings. If no control persons had been infected the fact that the experimental persons were not taken ill would have been explained as a consequence of the protection obtained by th... | Harvard: Medical Case (Karl Brandt et al.) | 3,164,400 | 3,164,900 |
that passage persons were really not used. If the Tribunal would assume that the use of passage persons was proved in spite of that there would be no fault of Mrugowsky's in the use of passage persons, because I demonstrated that Ding was not his subordinate in respect of his activity in Block 46 and because there is n... | Harvard: Medical Case (Karl Brandt et al.) | 3,164,850 | 3,165,350 |
persons mentioned in Ding's Diary it is again the witness Kogon alone who stated particulars. In my closing brief I pointed out that also in this case the depositions of Kogon about the origin of this experiment in the Pohl trial and the physicians' trial, are in contradiction (p. 191). Thus his evidence has no probati... | Harvard: Medical Case (Karl Brandt et al.) | 3,165,300 | 3,165,800 |
can be deduced against Mrugowsky from his attendance as an execution physician under criminal law. I have explained this in detail in my closing brief. In respect of bacteriological warfare I want to be very brief. The Prosecution only produced a letter from Grawitz to Himmler with which Grawitz sent to Himmler memoran... | Harvard: Medical Case (Karl Brandt et al.) | 3,165,750 | 3,166,250 |
far as vaccine reactions set in. So at these experiments all requirements were met which the experts of the Prosecution, Prof. Ivy and Prof. Leibbrand enumerated for experiments on human beings so that these experiments cannot be called criminal under my aspect. When the submission of my Document Book II was discussed ... | Harvard: Medical Case (Karl Brandt et al.) | 3,166,200 | 3,166,700 |
the ordering of gas for the Auschwitz gas chambers. This was also confirmed by Dr. Morgan who acted at Auschwitz also as an examining magistrate. As to item IV of the indictment under which Mrugowsky is charged to have belonged to the SS as a criminal organization I have shown that he belonged to the Waffen-SS of which... | Harvard: Medical Case (Karl Brandt et al.) | 3,166,650 | 3,167,150 |
his well known work "The inaginary patient" he allows the doctor's cap to be presented to the young doctor of medicine and thereby in jest lets the doctor's omnipotence be recorded with the cynical words: "I present you with the venerable and learned cap and with such concede to you the technical skill and power to hea... | Harvard: Medical Case (Karl Brandt et al.) | 3,167,100 | 3,167,600 |
for humanity. They can probably tell you that it was not as if a certain percentage of National Socialist thinking was injected with every hypodermic needle which was administered a patient to cure him, as sometimes appears to be suggested by the Prosecution. The understandable tendency of the prosecution to generalize... | Harvard: Medical Case (Karl Brandt et al.) | 3,167,550 | 3,168,050 |
a more or less administrative medical position which ended up in the mere medical handling of marriage applications of members of the SS, an occupation to which he remained loyal until the end of the war, except for a period of war service. Purely as one of the personnel, he comes under the supreme authority of the Rei... | Harvard: Medical Case (Karl Brandt et al.) | 3,168,000 | 3,168,500 |
viewpoint. As for Counts II and III of the indictment it cannot be maintained seriously and with legal consistency that the defendant, Dr. Poppendick, carried out the experiments named in the indictment, orders them or supported them. The Prosecution, to be sure, in a summary of its closing brief contended: "He support... | Harvard: Medical Case (Karl Brandt et al.) | 3,168,450 | 3,168,950 |
that Poppendick ordered these experiments and consequently had knowledge of them before they began. Regarding these so-called experiments, which were not mentioned in the Indictment, the defense has been quite exhaustive. It believes it has proved: 1) That the alleged hormone experiments were not criminal experiments b... | Harvard: Medical Case (Karl Brandt et al.) | 3,168,900 | 3,169,400 |
in sufficient detail expressed its opinion concerning this contention, being able to prove beyond doubt that Poppendick was not in a position to have such knowledge since he neither attended the lecture of Dr. Ding at the Third Consulting Conference, nor could he, from the Document No.582, Prosecution Exhibit 286, the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,169,350 | 3,169,850 |
report, even though the more difficult experiments were carried out only subsequently. Undoubtedly the possibility of preventing the following experiments must still have existed. But did the defendant Poppendick, in his position at that time of occasional assistant, possess the power to do so? This particular question... | Harvard: Medical Case (Karl Brandt et al.) | 3,169,800 | 3,170,300 |
have reference to Poppendick. In his affidavit Sievers, as well as Poppendick himself, in the witness box, have pronounced their opinion on this matter. Their statements are undisputed. From no evidence in possession of the prosecution can knowledge of allegedly criminal activity on the part of Professor Schilling be d... | Harvard: Medical Case (Karl Brandt et al.) | 3,170,250 | 3,170,750 |
are of legal weight within the frame of Counts Two and Three. On the contrary, I refer you to my statements on this juridical problem regarding the experiments that are not mentioned in the indictment. The defense recognizes the experiments that are not mentioned in the indictment, in the event that they really were cr... | Harvard: Medical Case (Karl Brandt et al.) | 3,170,700 | 3,171,200 |
Poppendick's main activity still took place in the Marriage Bureau of the SS, and that he was only incidentally Grawitz' occasional collaborator. The Prosecutor has said that the defendant called himself nothing more than Grawitz' messenger boy, this expression is certainly incorrect. But on the other hand, one cannot ... | Harvard: Medical Case (Karl Brandt et al.) | 3,171,150 | 3,171,650 |
set up, although Poppendick was in Germany and it certainly would not have been difficult for Grawitz to have, Poppendick released from his work with the Marriage Office of the SS? Why did Grawitz only assign one clerk to him and the office of the Chief Dentist together, if Poppendick was really Grawitz' closest and mo... | Harvard: Medical Case (Karl Brandt et al.) | 3,171,600 | 3,172,100 |
alone, but, according to correct legalistic view, the additional requirement must exist that every individual accused member thereof must have had knowledge of or must have participated in crimes committed by this organization after 1939. It is the task of the Prosecution to prove their allegations (cf. my legal statem... | Harvard: Medical Case (Karl Brandt et al.) | 3,172,050 | 3,172,550 |
cases. If at the conclusion of my speech which briefly summarized the result of the evidence against the defendant Poppendick I may turn to the Tribunal I do so only with the knowledge that the High Tribunal will carefully scrutinize the evidence which has so assidously been submitted and will decide about guilt or inn... | Harvard: Medical Case (Karl Brandt et al.) | 3,172,500 | 3,173,000 |
only concerning his own DDT - research, but discussed also, among other things, the typhus experiments carried out on human beings in Buchenwald by Ding. This lecture, which caused a stir in medical circles abroad, both in neutral and hostile countries, and a further lecture on the same subject, which he delivered in T... | Harvard: Medical Case (Karl Brandt et al.) | 3,172,950 | 3,173,450 |
Prosecution to have made an oral accusation against my client in the course of the trial. Only a new indictment could form the basis for a material decision. In the event the High Tribunal should not believe this phase of the law, I shall in my closing brief turn to the question as to whether the supplying of the serum... | Harvard: Medical Case (Karl Brandt et al.) | 3,173,400 | 3,173,900 |
was in rather a different category from the majority of experiments which have been described in the trials at Nurnberg and elsewhere. It appears that this investigations were carried out carefully and with a reasonable regard to the safety of the subjects. As he was working with benign tertian malaria the allegation t... | Harvard: Medical Case (Karl Brandt et al.) | 3,173,850 | 3,174,350 |
absolutely impossible, according to the evidence submitted in this direction, to arrive in our trial at a decision which would eliminate all mistakes. The questions under examination which were raised by the actual course of events as well as by their connection with medical problems, are so complicated that at this ju... | Harvard: Medical Case (Karl Brandt et al.) | 3,174,300 | 3,174,800 |
infection had come from the Robert-Koch-Institute in Berlin. But neither the above mentioned note in Ding's Diary nor Dietzsch state that the material for infection was delivered through the defendant Rose. As is well known, the typhus department of the Berlin-Koch-Institute, it can only have been done through Professo... | Harvard: Medical Case (Karl Brandt et al.) | 3,174,750 | 3,175,250 |
a basic condition for the approved use of the vaccine. These protests play an important part in judging the Prosecution's accusation against Professor Rose that for the carrying out of a series of experiments in Buchenwald he is supposed to have put at the disposal of Dr. Ding typhus vaccine, produced according to the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,175,200 | 3,175,700 |
nothing for him to do but to defend himself by stating that a "top secret" matter was involved and that he had made it clear to Professor Rose that there existed fields of activities which even Professor Rose would have to hold in respect. It seems obvious that he would have told the witness Kogon that he could not und... | Harvard: Medical Case (Karl Brandt et al.) | 3,175,650 | 3,176,150 |
was commissioned by the brigadier general SCHREIBER to go to Copenhagen and to try to enlist the Statens * Serum Institute there in the production of typhus vaccine. There he came to know the IPSEN murine typhus won from the liver of mice which, according to Professor IPSEN, was not only far more effective than all hit... | Harvard: Medical Case (Karl Brandt et al.) | 3,176,100 | 3,176,600 |
were also connected with this matter and whether the vaccine which ROSE had in possession was used at all. Professor ROSE himself docs not remember to having supplied the SS with any of this vaccine and the witness BLOCK, who distributed the vaccine tests to the individual departments, does also not know anything about... | Harvard: Medical Case (Karl Brandt et al.) | 3,176,550 | 3,177,050 |
have no scruples after all these facts, to tell the departments commissioned by the State with the carrying-out of such experiments about the possibility of an increase in the production of vaccines with improved effect. Here Professor ROSE encountered the fact that the civil department, competent for the admission and... | Harvard: Medical Case (Karl Brandt et al.) | 3,177,000 | 3,177,500 |
which were not tested first on human beings. The action of the defendant ROSE, which can be seen from his sending the letter of 2 December 1943 to Mrugowsky, I can judge legally as follows: Considering the mere facts, only that person can be the perpetrator of, or accessory to, a punishable action who himself performs ... | Harvard: Medical Case (Karl Brandt et al.) | 3,177,450 | 3,177,950 |
conduct the experiment series in the way planned by them, and, it is true, with the intention to test all typhus vaccines on hand as to their protective effect which had not yet been adequately tested. Furthermore, the defendant ROSE could not know that the persons used for these experiment's were not exclusively crimi... | Harvard: Medical Case (Karl Brandt et al.) | 3,177,900 | 3,178,400 |
concentration camp neither as perpetrator, nor as abettor, nor as assistant. Furthermore, that he did not participate in the planning of same and that he did not even approve of their execution through the SS, of which he was not even a member. So the pre-requisites as listed under Article II, par. 2 of the Control Cou... | Harvard: Medical Case (Karl Brandt et al.) | 3,178,350 | 3,178,850 |
according to Domestic law. The cases usually quoted in this connection in literary works refer almost without exception to violations of the rights of territorial sovereignty of another state for the purpose of warding off some evil to one's own sphere of legal values. Never has it been asserted, however, that the case... | Harvard: Medical Case (Karl Brandt et al.) | 3,178,800 | 3,179,300 |
defendant ROSE was already familiar of course at that time shows and as he further knew from his own experience from his activity in combating typhus in Eastern Asia, there existed at that time the danger of a catastrophe of undreamt of magnitude. It was moreover certain that the danger could not be stemmed by delousin... | Harvard: Medical Case (Karl Brandt et al.) | 3,179,250 | 3,179,750 |
its soldiers who during the war must kill intentionally in action. Thus also in the present case 43 persons in protective custody and professional criminals were made available by the Reich Criminal Police Office in Berlin for the carrying out of this experiment, 30 of whom were selected and used for the testing of the... | Harvard: Medical Case (Karl Brandt et al.) | 3,179,700 | 3,180,200 |
death. For in this connection I wish to stress emphatically - and that relates to the subjective part of this case - that the defendant ROSE at that time proceeded from, could and had to proceed from the belief that with the Buchenwald typhus experiments exclusively criminals were used who had been sentenced to death a... | Harvard: Medical Case (Karl Brandt et al.) | 3,180,150 | 3,180,650 |
countries statements of research workers and other personalities of public life, were sent to me during this trial only the smallest part of which hag been included in my document books. All these letters show that it would cause the deepest concern if this eminent scientist should be sentenced in this trial as a belat... | Harvard: Medical Case (Karl Brandt et al.) | 3,180,600 | 3,181,100 |
was taken until 1330 Hours.) Afternoon Session. THE MARSHALL:The Tribunal is again in session. THE PRESIDENT:The Tribunal will now hear from counsel for the defendant Schaefer. DR.PELCKMANN: (Counsel for the defendant Schaefer) Mr. President, Your Honors: I need not deal with the questions why the general, political an... | Harvard: Medical Case (Karl Brandt et al.) | 3,181,050 | 3,181,550 |
I should like to mention here that no proof has been furnished for the fact that Schaefer has heard, or heard about Holzloehner's and Rascher's lectures at that meeting. In dealing further with the sea-water problem, Schaefer made Investigations, which had already been made by I.G. Farben. Through scientific collaborat... | Harvard: Medical Case (Karl Brandt et al.) | 3,181,500 | 3,182,000 |
was all he could do in his position as noncommissioned officer, as the smallest among the resplendent uniforms of the 13 higher officers. Schaefer does not make a decision in that conference. That is not done in military circles. The highest office chiefs order and command. The defendant Schaefer does not receive the o... | Harvard: Medical Case (Karl Brandt et al.) | 3,181,950 | 3,182,450 |
extend the time saved by one counsel to any other particular counsel. DR. STEINBAUER:For the defendant, Beigelboeck: Mr. President Your Honors Paragraph 5 of the Law for the Protection of Animals of 24 November 1933, Reich Legal Gazette I 987 prohibited interference with or treatment of living animals for purpose of ex... | Harvard: Medical Case (Karl Brandt et al.) | 3,182,400 | 3,182,900 |
of German life, and the consequences of which were devastating. Though it is correct that National Socialism magnified certain pathologic degenerations of our Western form of society up to paraxism, it is not the only cause and the evil springs from much deeper sources. To expose them all would go far beyond the frame ... | Harvard: Medical Case (Karl Brandt et al.) | 3,182,850 | 3,183,350 |
to create newer and more effective weapons, millions of Germans expelled from their native soil err hither and thither, hungry and cold, whilst woman and children who were frozen to death were carried out of the unheated refugee trains from the East, and millions of prisoners of war suffer a fate which is one single ou... | Harvard: Medical Case (Karl Brandt et al.) | 3,183,300 | 3,183,800 |
deeds of the past. In Proclamation No. 3 of 20 October 1945 of the occupying powers about the principles of reconstructing justice in Germany, it is expressly stated in II, paragraph 2, "Punishable responsibility only exists for acts declared punishable by law." This is, therefore, a solemn proclamation of the principl... | Harvard: Medical Case (Karl Brandt et al.) | 3,183,750 | 3,184,250 |
we take a look at the laws of other countries, we have first of all Art. 114 of the Code penal which says that a civil servant is excused if he acts by orders of his superior within the frame of his competence, where he is in duty bound to obey within the hierarchical system. Further let me refer to Art. 122 of the Ita... | Harvard: Medical Case (Karl Brandt et al.) | 3,184,200 | 3,184,700 |
frightened when his doorbell rings at an unusual hour, only he can full grasp what it means to offer resistance to such an expressly emphasized will of Heinrich Himmler. In agreement with the Charter of August 1942, Article 2, 4 b of Control Council Law No. 10: "The fact that any person acted pursuant to the order of h... | Harvard: Medical Case (Karl Brandt et al.) | 3,184,650 | 3,185,150 |
The Prosecution alleges the commission of war crimes by the defendant. Though this question is of no importance to my client outside the scope of conspiracy, because war crimes can only be committed on nationals of the Allied nations, I would still like, in principle, to draw a short sketch of the problem. The law of n... | Harvard: Medical Case (Karl Brandt et al.) | 3,185,100 | 3,185,600 |
kind of experimental subjects. Therefore, the object of experiments on human beings steps into the foreground as the most important criterion for the judgment according to criminal law. If we therefore inquire whether or not these are crimes against humanity, we have to answer a further question, leaving out for the ti... | Harvard: Medical Case (Karl Brandt et al.) | 3,185,550 | 3,186,050 |
to shorten the war considerably and prevent their own citizens from indescribable suffering. Now, I have submitted evidence that in the case of my client the experimental subjects were volunteers. The prosecution alleges in principle, that people can't volunteer in a concentration camp because the people were deprived ... | Harvard: Medical Case (Karl Brandt et al.) | 3,186,000 | 3,186,500 |
be said that experiments conducted in accordance with the rules of the medical profession and with the consent of the subject do not violate the here applicable criminal law. I think I sufficiently dealt with the legal questions that are important for this trial, as far as this was possible considering the short space ... | Harvard: Medical Case (Karl Brandt et al.) | 3,186,450 | 3,186,950 |
as to the welfare of the state. To place the welfare of the individual above the welfare of the community would have been just as contradictory to his sense for order as the opposite." If one confronts the doctor with the scientist who, with the test tube in his laboratory, with the syringe or the surgical knife in his... | Harvard: Medical Case (Karl Brandt et al.) | 3,186,900 | 3,187,400 |
into the world of the unknown was always a hazardous enterprise, which demanded courage and sacrifice. I want to quote the words of one of the great doctors, Professor Wagner Jauregge, who says in his book "Fever and Infection Therapy": "The vaccination against malaria was certainly a risk, the outcome of which could n... | Harvard: Medical Case (Karl Brandt et al.) | 3,187,350 | 3,187,850 |
the judgment of crimes against humanity, it is the decisive result that also in other countries, under the there generally prevailing medical and ethical convictions, doctors carried out similar or the same experiments for the benefit of scientific research or in consideration of a critical condition of their country. ... | Harvard: Medical Case (Karl Brandt et al.) | 3,187,800 | 3,188,300 |
persons who were racially and politically persecuted." He says: "Then, like everyone else, I merely did my duty." Abraham Lincoln, one of the greatest Americans, said in 1862, in a speech before the American Congress: "The dogmas of quiet times ill sort with our stormy present. In the fact of new events we must think a... | Harvard: Medical Case (Karl Brandt et al.) | 3,188,250 | 3,188,750 |
shipwreck. As part of my defense documents I submitted two scientific papers by Parker, Doc. No. 18, and Ladell, Doc. No. 21, dealing with seawater experiments and, further, Doc. No. 19, depicting a drama on the high seas, underlining the necessity of such research. They differ from other experiments carried out by the... | Harvard: Medical Case (Karl Brandt et al.) | 3,188,700 | 3,189,200 |
submitted that allied nationals were used in the experiments. The experimental persons were not selected to persecute them for racial or political reasons, they wore the black chevron of the anti-social prisoner. A study of the American immigration and marital laws have tought me that especially in America, the concept... | Harvard: Medical Case (Karl Brandt et al.) | 3,189,150 | 3,189,650 |
to put these words of Roosevelt into action. If someone says to you now: "I have lived in fear and under compulsion." Would it not be tragic if you especially, as liberators from fear, would execute here what Himmler or Hitler have not done? If I quoted the devil's servant mephistophiles in the case of Dr. Rascher, the... | Harvard: Medical Case (Karl Brandt et al.) | 3,189,600 | 3,190,100 |
behalf of counsel for the defendant Ruff - the translation has been received. DR. SAUTER:For the defendant Ruff: Your Honors, I have a detailed piece of writing which I have submitted on 1 July. I have submitted the evidence in the case of Dr. Ruff and judged them objectively, and then in a supplement of 1 July 1947, s... | Harvard: Medical Case (Karl Brandt et al.) | 3,190,050 | 3,190,550 |
have examined the experiments. These presentations are to be found on page 5 and the following pages, under the Roman Numeral II. I have said the following there: The proceedings of this many months old trial have clearly shown that Dr. Ruff is innocent and that these experts were right who from the outset and in spite... | Harvard: Medical Case (Karl Brandt et al.) | 3,190,500 | 3,191,000 |
mortuary"; the same happened in the Malaria department of the witness Vieweg; "one day a patient who had some differences with Zill, the leader of the camp for protective custody, was sent to the experimental institute; he (Vieweg) found him in the mortuary the next day. He (Vieweg) knows by hearsay" that a great numbe... | Harvard: Medical Case (Karl Brandt et al.) | 3,190,950 | 3,191,450 |
Ruff and carried out with the cooperation of Dr. Romberg, and other experiments in the low pressure chamber which Rascher undertook by order of Himmler, without the authorization or previous knowledge of Dr. Ruff and without the cooperation of Dr. Romberg. This distinction, which is of decisive importance in judging th... | Harvard: Medical Case (Karl Brandt et al.) | 3,191,400 | 3,191,900 |
Vieweg, which was submitted as Document Ruff No. 24, in Document Book Ruff, Supplement V, page 93. Besides the 4 respectively 6 years of penal servitude which he admitted, the witness Vieweg received in reality NOT LESS THAN 6 PRISON TERMS prior to 1934, among them 5 years penal servitude and 5 years less of civil righ... | Harvard: Medical Case (Karl Brandt et al.) | 3,191,850 | 3,192,350 |
intervention by Dr. Romberg, Rascher then actually sent the tailor back; when the accompanying SS man again threatened the Jew, Rascher again intervened and "immediately had the man (the tailor) brought to safety in the bunker" (p. 655). Again, in the case of a second inmate, a Czech, who unjustly and without his conse... | Harvard: Medical Case (Karl Brandt et al.) | 3,192,300 | 3,192,800 |
to the witness) as he went through the camp, without any special efforts having been necessary to find volunteers (witness Neff, page 657). There can be no doubt that these volunteers, estimated by Neff to be about 10, are identical with the 10 "official experimental subjects" or "exhibition patients" mentioned already... | Harvard: Medical Case (Karl Brandt et al.) | 3,192,750 | 3,193,250 |
condition which was demanded and assured was that the subjects were voluntary. Then, in this connection, Your Honors, on page 16 to 18 I have collected the testimony by a series of witnesses who have testified here regarding the subject of voluntary experimental subjects, Dr. Lutz, Hielscher, Hippke, and General Wolff,... | Harvard: Medical Case (Karl Brandt et al.) | 3,193,200 | 3,193,700 |
in agreement with the experiments, especially since Romberg told him, during his first visit in Berlin, that all conditions for the experimental subjects were fulfilled and that they were, therefore, German voluntary and criminal experimental subjects. In Chapter 3 of my written plea I have then stated my attitude towa... | Harvard: Medical Case (Karl Brandt et al.) | 3,193,650 | 3,194,150 |
for his conduct as expressed in international medical literature. Experiments on which, time and time again, reports were made in this international literature without meeting any opposition do not constitute a crime in the medical conception. From nowhere a plaintiff arose from the side of the responsible professional... | Harvard: Medical Case (Karl Brandt et al.) | 3,194,100 | 3,194,600 |
or typhus, to tuberculosis or jaundice is a secondary question which concerns more the medical expert than the jurist. Decisive for this trial is the Question: Did the conditions under which experiments were performed by the defendants find their international recognition even for such experiments which were performed ... | Harvard: Medical Case (Karl Brandt et al.) | 3,194,550 | 3,195,050 |
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