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or during a total war. It is not the point in this connection whether a dictatorial regime is desirable or should be rejected, neither whether a war as such appears to be criminal (for example because it will be judged as an aggressive war later on); the attitude that under such exceptional conditions, as they are the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,195,000 | 3,195,500 |
PERSONAL records of these prisoners for this purpose, further whether he had made sure if the special privileges promised to the prisoners (as for example their amnesty) were actually given to them later on etc. However such exaggerated demands could not be made of the attitude of professional duty of that time to Dr. ... | Harvard: Medical Case (Karl Brandt et al.) | 3,195,450 | 3,195,950 |
acquitted him on that count. This would not have been possible if the Tribunal had denied on principle the idea of a prisoner volunteering; because in that case Milch would have had to be sentenced already because he allowed experiments to be carried out on prisoners, but besides that in the verdict against Milch of 16... | Harvard: Medical Case (Karl Brandt et al.) | 3,195,900 | 3,196,400 |
he knew and planned, were being conducted all over, and also with prisoners, and perhaps are still being conducted without the competent authorities or medical societies declaring them unpermissible and intervening against them. In long years, Dr. RUFF has proven to be a particularly conscientious and considerate resea... | Harvard: Medical Case (Karl Brandt et al.) | 3,196,350 | 3,196,850 |
are concerned, Medical Inspector Dr, Hippke was not indicted at all. Under these circumstances, justice demands that Dr. Ruff be acquitted. THE PRESIDENT:The Tribunal will now be in recess for a few moments and when we reconvene will hear arguments on behalf of the defendant Romberg. (A recess was taken.) THE MARSHAL:P... | Harvard: Medical Case (Karl Brandt et al.) | 3,196,800 | 3,197,300 |
achieving some predetermined purpose, but it is the willingness which is good in itself." The prosecution charges Romberg with violation, from 1939 to 1945, of the Control Council Law No. 10, which was not promulgated until 20 December 1945. The Control Council Law No. 10 lists criminal acts against international law, ... | Harvard: Medical Case (Karl Brandt et al.) | 3,197,250 | 3,197,750 |
a decrease in the learning capacity could have been noted (page 9145 of the German, page 9036 of the English, and pages 9186-9187 of the German, page 9080 of the English minutes). The following questions are to be clarified in regard to this testimony: 1. Is there any damage to brain cells when anoxia lasts less than t... | Harvard: Medical Case (Karl Brandt et al.) | 3,197,700 | 3,198,200 |
the reduction of the learning capacity of human beings, nor the registration by means of intelligence tests, are available. To Question No. 5: To Judge Sebring's question (page 9217 of the German, page 9111 of the English transcript), "Is in the Ruff-Romberg report mention made of experiments of which it can be said wi... | Harvard: Medical Case (Karl Brandt et al.) | 3,198,150 | 3,198,650 |
these experimental subjects were not prisoners in the sense of the nazi regime, but persons who in any government would have been detained in prisons. The fact, that professional criminals and criminals were transferred to concentration camps is just the point that renders the evidence so difficult. I want to emphasize... | Harvard: Medical Case (Karl Brandt et al.) | 3,198,600 | 3,199,100 |
a decision considered as being under duress or morally objectionable. The physician is used to this free decision in a situation determined by fate. From his point of view it makes no difference whether he gives a choice to a person who has fallen ill by an accident or by predisposition or to the person who has become ... | Harvard: Medical Case (Karl Brandt et al.) | 3,199,050 | 3,199,550 |
one of the most noble fundamental principles of the medical profession, must be broken by the state if a public interest demands it, e.g., in the fight against contageous diseases, in the system of public insurance, or in the discovery and solution of a crime. Here belong also the obligation on the part of the person c... | Harvard: Medical Case (Karl Brandt et al.) | 3,199,500 | 3,200,000 |
human experiment. The same is true of our knowledge of the means of combatting the great afflictions of mankind or our knowledge of the maximum doses of a medicine that is also a poison. Human experiments were as necessary for the testing of the remedies provided by the chemical industry, such as salvarsan and penicill... | Harvard: Medical Case (Karl Brandt et al.) | 3,199,950 | 3,200,450 |
law guiding this proceedings and that public opinion has consistently used for the moral defamation of all the defendants here? It remained for Professor Ivy, the prosecution's star witness, shortly before tho conclusion of this trial, in evaluating human experiments throughout the world and in according recognition to... | Harvard: Medical Case (Karl Brandt et al.) | 3,200,400 | 3,200,900 |
in order to make the "thousand natural shocks that flesh is heir to", as Hamlet puts it, more tolerable. I believe that I am not exceeding the limit which is at stake here if I ask the question: Were not all the real or ostensible advances of mankind, of which our age is so proud, bought at the expense of a vast number... | Harvard: Medical Case (Karl Brandt et al.) | 3,200,850 | 3,201,350 |
DVL. It also results from the fact that almost all leading German aviation medicine experts are at present working in the USA, with the exception of Drs. Ruff, Romberg and Becker-Freysong, who are under indictment here. Since the USA is at the present time not at war, and since it cannot be assumed that that country is... | Harvard: Medical Case (Karl Brandt et al.) | 3,201,300 | 3,201,800 |
an ommission depends on two prerequisites whether it is to be punished depends on a duty to take action and on whether it can be proved that this action would have averted the forbidden consequence. The duty to take action can arise from a legal maxim; in particular, it must be a legal duty to avert a consequence, the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,201,750 | 3,202,250 |
must prevail; "ultra posse nemo obligatur." Where there is no possibility of averting the consequence, there can be no talk of criminal liability for the consequence. Therefore, conviction for an offense of omission demands that the judge be convinced that there was a possibility of acting. But this conviction can neve... | Harvard: Medical Case (Karl Brandt et al.) | 3,202,200 | 3,202,700 |
work were recognized through his appointment as head of the department for high altitude research in the Institute (page 20 of original) for aviation medicine of the DVL, he being the youngest among the roughly 40 heads of institutes and departments of the DVL, which employed about 2000 German people. Dr. Ruff, formerl... | Harvard: Medical Case (Karl Brandt et al.) | 3,202,650 | 3,203,150 |
was Romberg's. Furthermore, Romberg offered himself as an experimental subject not only in the framework of his own field of activities but naturally in all other experiments of the DLV. Thus, it is not without the element of the tragic that it should be Romberg, whose only aim it had been throughout all his research w... | Harvard: Medical Case (Karl Brandt et al.) | 3,203,100 | 3,203,600 |
believe that in the course of these proceedings it has been proved that Romberg did not fail in this test, one of the most severe ever faced by a human being. Romberg is a quiet man and a reserved one, perhaps somewhat too much so; loud and boisterous talk does not agree with him, and thus he did at the time, without m... | Harvard: Medical Case (Karl Brandt et al.) | 3,203,550 | 3,204,050 |
1 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 your Honor, all defendants are present in the court. THE PRESIDENT:The Secretary-G... | Harvard: Medical Case (Karl Brandt et al.) | 3,204,000 | 3,204,500 |
for me to search in the archives for exonerating material. It was just as impossible to produce exonerating documents the existence of which was well-known to me. I give the following examples: The letter of HIMMLER of 24 July 1941, mentioned in document No. 263, exhibit No. 47, page 59 of the German and page 56 of the... | Harvard: Medical Case (Karl Brandt et al.) | 3,204,450 | 3,204,950 |
the confidential conversation to whom Rascher made the proposal to experiment on professional criminals. Number VI, equally, this is the conversation in the Preysing Palace, is no longer a decisive subject. I think, it needs no more proof that Weltz was not a man of Rascher's character, and was not in favor of criminal... | Harvard: Medical Case (Karl Brandt et al.) | 3,204,900 | 3,205,400 |
had been stationed before. Since he was seen in Munich, without reporting to Weltz, Prof. Weltz ordered him to report twice weekly at his institute, he further categorically demanded that Rascher reported him on the situation at Dachau. It is known, how Rascher resisted to this order. When reporting for the third and l... | Harvard: Medical Case (Karl Brandt et al.) | 3,205,350 | 3,205,850 |
on it by mutually talking and thinking it over. Then they called in those persons who were mainly to be entrusted with the carrying out of the experiments and with those, viz. Romberg and Rascher, they discussed the details and chocked over them. Then they informed the persons in authority in Munich and Dachau, which w... | Harvard: Medical Case (Karl Brandt et al.) | 3,205,800 | 3,206,300 |
of the experiments in order to prevent their further spreading? In this latter respect, I may make the remark that an intervention against the continuation and the spreading of the experiments on the part of Professor Weltz was outside the reach of possibility, alone because he had no knowledge of the beginning and the... | Harvard: Medical Case (Karl Brandt et al.) | 3,206,250 | 3,206,750 |
since Rascher had earlier forced himself upon him and laid great value on his collaboration. As is known, Weltz immediately drew the official conclusions from this situation, he had Rascher's assignment to his institute ended and sent a report about this to the Medical Inspectorate. This action was in every respect cor... | Harvard: Medical Case (Karl Brandt et al.) | 3,206,700 | 3,207,200 |
4. From DocumentNO-296it can be seen that Hippke had told the Luftgau to extend Rascher's assignment at Dachau by one month. The fact that Hippke gave these instructions to the Luftgau and not to Weltz himself also shows unmistakably that at that time, on 27 April 1942, there was no longer any official connection betwe... | Harvard: Medical Case (Karl Brandt et al.) | 3,207,150 | 3,207,650 |
April 1942 which the Prosecution has stressed was only the date when she was finally put on the payroll. Under these circumstances I need point out only briefly what legal form these matters would take if one assumed that the file notes were true. In this case also the fact would be that Weltz was not informed of the D... | Harvard: Medical Case (Karl Brandt et al.) | 3,207,600 | 3,208,100 |
power to either prevent or stop them as far as they were carried out under the sponsorship of the Luftwaffe. It seems to be very probable however, they they would have been continued against his will by Himmler and the SS." That's the end of my quotation. This conception results from a correct understanding of Himmler'... | Harvard: Medical Case (Karl Brandt et al.) | 3,208,050 | 3,208,550 |
in the future, was more than justified, This is obviously the reason, why General Taylor, in his opening speech, claimed that this trial served as an example, in order to make the German people understand, why it was necessary to destroy cities like Nuernberg. In answer to this, I want to point out the following: The p... | Harvard: Medical Case (Karl Brandt et al.) | 3,208,500 | 3,209,000 |
years of work, which began with the first day of Prof. Weltz's arrest in June. I personally, after having known Weltz for many years, was convinced from the beginning that he could not have committed any inhumane acts. I therefore expected after beginning this trial to encounter clear and indubitable proofs. The contra... | Harvard: Medical Case (Karl Brandt et al.) | 3,208,950 | 3,209,450 |
life. In doubtful cases, when the Prosecution case does not clarify the state of affairs sufficiently, the previous irreproachable conduct of the defendant, his previous way of life must be the decisive factor. I have already stated by way of summary that the Prosecution case against Weltz has failed. Nor was even the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,209,400 | 3,209,900 |
defendant Pokorny? We will be prepared to hear from him after hearing from counsel for defendant Brack. DR. FLEMMING:Your Honor, the defense counsel Hoffmann is in the Pohl Trial this morning. As far as ho was informed, the translation was not concluded yet, and he counts on being the last this afternoon, in fact, he i... | Harvard: Medical Case (Karl Brandt et al.) | 3,209,850 | 3,210,350 |
which included German nationals and foreign workers who were unable to work. Also in the separate judgment against the defendant Frick only these measures are mentioned. Any connection, or even the possibility of such a connection between these measures and persecution of the Jews, dealt with in a separate chapter, in ... | Harvard: Medical Case (Karl Brandt et al.) | 3,210,300 | 3,210,800 |
clearly what he said. The defense in agreement with the prosecution refrained from presenting a medical export opinion, but did not, as the prosecution now asserts, refuse to present it. I regret very deeply that the prosecution, when using the word "euthanasia program" coined by them, characterizes without sufficient ... | Harvard: Medical Case (Karl Brandt et al.) | 3,210,750 | 3,211,250 |
be permitted to devote a few words to the personality of the defendant Brack, since only with full understanding of his inner thoughts can his actions in connection with the charges made against him, of sterilization experiments and collaboration in euthanasia, be given due consideration. Russia's most profound poet of... | Harvard: Medical Case (Karl Brandt et al.) | 3,211,200 | 3,211,700 |
Brack did this without consideration of the fact that such a policy of tolerance would necessarily draw down upon himself the antagonism of Bormann and Heydrich or the displeasure of Himmler and might expose him to the danger of being sent to a concentration camp himself. These statements are not based on vain arroganc... | Harvard: Medical Case (Karl Brandt et al.) | 3,211,650 | 3,212,150 |
his urge to rebel against inhumane actions drove him, who was entirely unconcerned to submit to Himmler in the spring of 1941 useless sterilization suggestions with the aim of preventing the danger of general sterilization which was threatening the Jews. In the course of his examination as a witness Brack described his... | Harvard: Medical Case (Karl Brandt et al.) | 3,212,100 | 3,212,600 |
then, Brack hoped, the long period which was necessary for the preparation of such experiments, could win such a lot of time that the end of the war which he expected with certainty would call a halt to all these plans. It is undisputable that the method suggested by Brack was entirely unpracticable, from the point of ... | Harvard: Medical Case (Karl Brandt et al.) | 3,212,550 | 3,213,050 |
ineffectiveness and harmlesness of his method. To quote a Creek philosopher, "nobody is able to fathom the ground of the soul, and though you travel every road, so deep is the bottom." Brack had no need to commit an intellectual theft in order to copy Pokorny's motives. Brack had told me his reasons already at a time w... | Harvard: Medical Case (Karl Brandt et al.) | 3,213,000 | 3,213,500 |
spiritually dead persons were housed, often for many years and decades, completely cut off from the outside world. Professor Leibrand, Dr. Pfannmueller and Brack have described types of such spiritually dead. Their emotional responses do not extend past the most elementary processes, verging on the animalic. Out of all... | Harvard: Medical Case (Karl Brandt et al.) | 3,213,450 | 3,213,950 |
it characteristically enough it is not the question of humanity but the viewpoint of the sanctity of life that is decisive. It is a fact that needs no proof that the church and the State have frequently come into conflict over such problems and that the church, although still struggling against the laws of the State, h... | Harvard: Medical Case (Karl Brandt et al.) | 3,213,900 | 3,214,400 |
than that of a general secretary who is the administrative official in a government office. Brack's position was altogether subordinate. He had no right to make any independent decisions. He was not the liaison man for the T 4, as the prosecution claimed. Brack's position, which was described by the prosecution as so i... | Harvard: Medical Case (Karl Brandt et al.) | 3,214,350 | 3,214,850 |
The question with which the I.M.T. concerned itself so deeply, regarding the importance to be attached to this defense, can therefore be left out of consideration in this defense of Brack. But the defendant Brack did claims that he, like associate and all other persons involved, regarded Hitler's assignment as a comple... | Harvard: Medical Case (Karl Brandt et al.) | 3,214,800 | 3,215,300 |
in the Reich Law Gazette (Reichsgesetzblatt), countersigning by the competent departmental minister of later the competent chancery chief no longer played a decisive role in 1937. The Fuehrer principle was already in full operation at this time. It no longer tolerated the dependence of the authority to promulgate origi... | Harvard: Medical Case (Karl Brandt et al.) | 3,215,250 | 3,215,750 |
the law giver set limits to the exercise of the powers of the Fuehrer. The limits were, where his acts were no longer in accordance with general human feeling. Human feeling, however, does not root in logos, as said afore. Its limits are found generally, and within the framework of Euthanasia in particular, not to be a... | Harvard: Medical Case (Karl Brandt et al.) | 3,215,700 | 3,216,200 |
his decree has not been confirmed. Secret decrees were by no means appearances under Hitler's rule, From the, very beginning on Brack repeatedly made efforts with Bouhler to have the secrecy lifted because it was with out purpose and led to difficulties. Shortly after the inception of euthanasia the fact of it was know... | Harvard: Medical Case (Karl Brandt et al.) | 3,216,150 | 3,216,650 |
the maintenance of certain safeguards. Such safeguards were provided for sufficiently by the detailed filling out of questionnaires and by expertizing the questionnaires according to medical points of view; issue of directives to the experts on the basis of expert-medical consultations; appointment of experts and top e... | Harvard: Medical Case (Karl Brandt et al.) | 3,216,600 | 3,217,100 |
in the verdict against the defendant Erhardt Milch in the proceedings before Military Tribunal II, as follows: "When a preeminent American jurist was applying this God-given principle of freedom he spoke as follows: 'If after considering and weighing the entire evidence you find that your thoughts are confused, your co... | Harvard: Medical Case (Karl Brandt et al.) | 3,217,050 | 3,217,550 |
only two actual possibilities for sterilization or castration in 1941/1942, that the surgical one and the one carried out by X-ray. All methods of sterilization or castration by drugs, such as drugs, hormones, lack of vitamin-E, etc., were only theoretical possibilities which only could be obtained under big difficulti... | Harvard: Medical Case (Karl Brandt et al.) | 3,217,500 | 3,218,000 |
which must have been written for the very purpose for which it has obviously been written, proves his real general attitude towards life and that everything else is nothing but an excuse. But, so many things have happened between Heaven and Earth which appear unbelievable, but are true nevertheless that it can be thoug... | Harvard: Medical Case (Karl Brandt et al.) | 3,217,950 | 3,218,450 |
Council Law No. 10 is the legal basis for the legal classification of this letter. This law contains legal abstractions, as for example, the abstraction of murder, of being a culprit, of aiding and abetting the culprit, of planning, and so forth. How these legal abstractions, however, are to be interpreted to suit the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,218,400 | 3,218,900 |
if this interpretation cannot be made on the basis of tho Control Council Law itself, because it represents itself only as a kind of legal frame-work, (Rahmengesetz). If we examine the letter of the defendant, Dr. Adolf Pokorny, from the point of view of German criminal law we can discern two parts, when viewed, object... | Harvard: Medical Case (Karl Brandt et al.) | 3,218,850 | 3,219,350 |
a report which was submitted to this High Court as document No. 28, exhibit No. 29; this report gives clear proof that they did not make any progress until the end of the war, but were still in the phase of fruitless experiments on animals. In this connection we might leave undecide, whether or not the aversion of the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,219,300 | 3,219,800 |
of Control Council Law No. 10 would be possible, which states that a punishment may be imposed if someone is connected with the planning or the execution of crimes against humanity, without any regard to the intention of the person concerned. The only requirement is that the act was committed intentionally, and accordi... | Harvard: Medical Case (Karl Brandt et al.) | 3,219,750 | 3,220,250 |
something which already is existent in the determination if the principal is impossible. There only remains that the defendant Dr. Adolf Pokorny might have been an abettor. Such an abetment might have consisted in the fact that the defendant Dr. Adolf Pokorny has pointed to the plant Caladium seguinum as an efficient d... | Harvard: Medical Case (Karl Brandt et al.) | 3,220,200 | 3,220,700 |
deed has been prevented even though this might have happened against his will and without his consent. However, I present this idea exclusively as a hypothesis since it cannot be supported by the evidence; the plant caledium seguinum in itself proves the impossibility of maintaining the idea of an "accomplishment". The... | Harvard: Medical Case (Karl Brandt et al.) | 3,220,650 | 3,221,150 |
mailed it to Himmler, regardless of the interpretation of "committed crime", "instigation", "complicity", "attempt" and "preparation". First of all, there is no doubt that mass sterilization represents a crime against humanity, in spite of the fact that the ruler at that time, in this case Himmler, approved of such a c... | Harvard: Medical Case (Karl Brandt et al.) | 3,221,100 | 3,221,600 |
a crime against humanity. Since, however, such a preparatory action is not punishable under Control Council Law No. 10, a participation in such an action cannot be punishable either. I have already examined the fact as to how much the defendant Dr. Adolf Pokorny influenced the entire plan of mass extermination. It has ... | Harvard: Medical Case (Karl Brandt et al.) | 3,221,550 | 3,222,050 |
Insofar a participation of defendant Dr. Adolf Pokorny, according to the conceptions of the instigation and the psychological aid does not exist, since there can be no thought of an abetting in these methods without the success not coming off. Himmler however would have still continued his plan of mass extermination wi... | Harvard: Medical Case (Karl Brandt et al.) | 3,222,000 | 3,222,500 |
be contradictory if the definition of crimes on humanity would emanate from accomplished deeds, but in the interpretation reference would be made to preparatory acts not actually committed crimes on humanity, so that when interpreting the law a broader view on penalty would be taken than the law itself demands. Systems... | Harvard: Medical Case (Karl Brandt et al.) | 3,222,450 | 3,222,950 |
of the defendant, Dr. Adolf Pokorny, in my opinion, there is no foundation for implicating him in a conspiracy. The mere fact that in my legal opinion the defendant, Dr. Adolf Pokorny, has not made himself culpable under Control Council Law No. 10 excludes the possibility that he could have taken part in a conspiracy, ... | Harvard: Medical Case (Karl Brandt et al.) | 3,222,900 | 3,223,400 |
recess until 1:30 o'clock. (A recess was taken until 1330 hours). AFTERNOON SESSION (The hearing reconvened at 1330 hours, 18 July 1947.) THE MARSHAL:The Tribunal is again in session. THE PRESIDENT:The Tribunal will now hear from counsel for the defendant Hoven. Counsel will have one hour or until 30 minutes to three o... | Harvard: Medical Case (Karl Brandt et al.) | 3,223,350 | 3,223,850 |
from ashore." It is of course, very simple for someone who has not experienced what went on inside a concentration camp surrounded by electrically charged wires, to say: The life of one man, even that of a criminal is sacred. The killing such a person therefore is wrong under all circumstances. This difficult problem c... | Harvard: Medical Case (Karl Brandt et al.) | 3,223,800 | 3,224,300 |
reserved to the German Courts only. According to recognized rules of International Law, the judges of an occupying power are only competent for criminal acts which threaten public order and safety in the area administered by the occupying power. This can be seen from article 43 of the Hague Convention 1007. Moreover, t... | Harvard: Medical Case (Karl Brandt et al.) | 3,224,250 | 3,224,750 |
that in this proceeding not every piece of evidence should be considered by itself. This maxim is incomprehensible to me. In a criminal proceeding the probative value of each piece of evidence must, first of all, be carefully investigated and after such an investigation, the evidence, in toto, can justify the finding o... | Harvard: Medical Case (Karl Brandt et al.) | 3,224,700 | 3,225,200 |
if the witness appears personally in court and is confronted with the defendant. These legal principles have been set down in detail on page 39 of my closing brief where I quote decisions of American courts of Justice. 3) The testimonies of Hans Vondeling and of van Leeuwarden have been shaken by the statements of the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,225,150 | 3,225,650 |
The ignorance of these words shows that the defendant Dr. Hoven did not understand the meaning of the affidavit submitted by him. I am, however, very grateful to the prosecution for having submitted the transcript of the interrogation of Dr. Hoven on 22 and 23 October 1946, in the form of DocumentNO 4068and 4069, short... | Harvard: Medical Case (Karl Brandt et al.) | 3,225,600 | 3,226,100 |
not the permanent deputy of Dr. Ding in the typhus experiment block 46 of the concentration camp Buchenwald. 2) The defendant Dr. Hoven did not participate in the typhus experiments in block 46. 3) The defendant Dr. Hoven prevented the carrying out of typhus experiments as far as it was possible for him to do so. 4) Th... | Harvard: Medical Case (Karl Brandt et al.) | 3,226,050 | 3,226,550 |
the witness Dr. Mennecke. It was Dr. Mennecke who selected the prisoners in the concentration camp Buchenwald, who were transferred to the euthanasia institute to be gassed. Dr. Mennecke is the only witness who, because of his activities, know best whether Dr. Hoven participated in the euthanasia program. Dr. Mennecko,... | Harvard: Medical Case (Karl Brandt et al.) | 3,226,500 | 3,227,000 |
that at least one transport left. The remaining transports were prevented from leaving through the intervention of Dr. Hoven." Dr. Kogon also described in what way Dr. Hoven prevented the transports from being made up. In this respect I refer to my statements on page 101 of the closing brief. These statements were supp... | Harvard: Medical Case (Karl Brandt et al.) | 3,226,950 | 3,227,450 |
this book: According to Common Law, the killing of a man can be either: 1) murder 2) manslaughter 3) excusable homicide 4) justifiable homicide Excusable homicide and justifiable homicide are not punishable. The present American law does not differentiate between justifiable homicide and excusable homicide. I refer to ... | Harvard: Medical Case (Karl Brandt et al.) | 3,227,400 | 3,227,900 |
by him or with his knowledge, were about to commit serious crimes, resulting in the death of numerous inmates of the Buchenwald concentration camp. During his examination on the witness stand, Dr. Hoven gave a thorough description of this. The decision on these killings was not reached by Dr. Hoven on his own. Dr. Hove... | Harvard: Medical Case (Karl Brandt et al.) | 3,227,850 | 3,228,350 |
carry out Himmler's program to destroy the political prisoners. To whom should Dr. Hoven have turned? Perhaps the the SS camp commanders who worked with the spies and traitors? Or perhaps to the Gestapo or to the police who worked under Himmler's orders? There was no other way but the one which Dr. Hoven went in order ... | Harvard: Medical Case (Karl Brandt et al.) | 3,228,300 | 3,228,800 |
against Dr. Hoven as the one levelled against the Japanese Governor of the Philippines who was tried before an American Military Court for not having prevented atrocities mid abuses? In another part of my closing brief I summarized the result of my evidence concerning the good character and refutation of Dr. Hoven in t... | Harvard: Medical Case (Karl Brandt et al.) | 3,228,750 | 3,229,250 |
of a Jew, who in the Nazi state really was denied the right to live, asked him for his wishes and hides him in the hospital - that this man should arbitrarily kill prisoners and permit killings which were necessary in the interest of the preservation of the lives of many prisoners. Furthermore, the witnesses Dorn and P... | Harvard: Medical Case (Karl Brandt et al.) | 3,229,200 | 3,229,700 |
personally that Dr. Koven saved Kogon's life three times. Kirchheimer was one of the 1200 Jews whom Dr. Mennecke had selected for transport to the Bernburg euthanasia station. In Roembild's case too it is proven that Dr. Hoven saved him. The evidence in the case of Dr. Hoven has clearly shown that this man was not a co... | Harvard: Medical Case (Karl Brandt et al.) | 3,229,650 | 3,230,150 |
had committed enormous cruelties against hundreds of innocent inmates of concentration camps and when detailed evidence of these assertions was supplied, the German people as well as world opinion were inclined to despair of the German doctor, indeed of the German medical profession as a whole The charges which were ra... | Harvard: Medical Case (Karl Brandt et al.) | 3,230,100 | 3,230,600 |
us into a course where the innocent instead of the guilty are called to account. As the prosecution appears to have been aware from the beginning that those who were guilty of the individual offenses and among them of the worst offenses, could no longer be called to account, they have tried from the start to throw the ... | Harvard: Medical Case (Karl Brandt et al.) | 3,230,550 | 3,231,050 |
In the same way was it necessary to extend the defense into every possible and conceivable direction because of this lack of precision in the prosecution's proceedings in this case. Altogether, in the indictment the prosecution held Dr. BeckerFreyseng responsible for the high altitude and Freezing experiments in concen... | Harvard: Medical Case (Karl Brandt et al.) | 3,231,000 | 3,231,500 |
that he realized that his superior, Generaloberstabsarzt Prof. Dr. Hippke had approved the suggestion as submitted. Dr. Becker-Freyseng did not hear anything about the execution of the individual experiments. The first time he heard about it again was when, after they had been concluded, Prof. Dr. Holzloehner gave a le... | Harvard: Medical Case (Karl Brandt et al.) | 3,231,450 | 3,231,950 |
medicine of his own, which had been invented for the Prosecution. The defense proved, on the other hand, that Dr. Becker-Freyseng was mainly responsible for the jobs as assistant referent from August 1941 to May 1944, which had no connection whatsoever with the experiments. The referent Dr. Anthony dealt with all the o... | Harvard: Medical Case (Karl Brandt et al.) | 3,231,900 | 3,232,400 |
about them. That further proves that, after May 1944, he likewise dealt with the research assignments to Professor Haagen only in formal respects, that the factual work was carried out at the Hygiene Referat. Furthermore, it is proved that the research assignments, which has been stressed so greatly by the Prosecution,... | Harvard: Medical Case (Karl Brandt et al.) | 3,232,350 | 3,232,850 |
testimony of the witnesses was so vague and confusing that it is even less possible to base any finding thereon. In order to oppose this extremely weak basis of the evidence for an alleged criminal activity of Dr. Haagen, given by the Prosecution, the defense summoned Dr. Haagen himself as a witness. I shall not go int... | Harvard: Medical Case (Karl Brandt et al.) | 3,232,800 | 3,233,300 |
only thing that is true is that Dr. Becker-Freyseng, as referent for Aviation Medicine in the Office of the Chief of the Medical Inspectorate of the Luftwaffe, in the course of his official duties, participated in the planning of the experiments that were carried out in the summer of 1944 at Dachau. The defense claims ... | Harvard: Medical Case (Karl Brandt et al.) | 3,233,250 | 3,233,750 |
made in my closing brief for Dr. Becker-Freysing. At this point, I should, however, like to add the following: The Prosecution has tried to make out that it was the purpose of these sea-water experiments to decide whether Berkatit removes the salt from sea-water. This contention of the Prosecution has in no way been pr... | Harvard: Medical Case (Karl Brandt et al.) | 3,233,700 | 3,234,200 |
reasons when reaching a decision. Incidentally, the export of the prosecution, Prof. Ivy, also stated that these reasons were absolutely worthy of consideration. Accordingly it had to be clarified, whether Berkatit could not, after all, be introduced for distribution to persons facing the risk of shipwreck, and the inq... | Harvard: Medical Case (Karl Brandt et al.) | 3,234,150 | 3,234,650 |
experimental subjects were volunteers. However, also in this case I should like to point out that the following may be decisive: Dr. Becker-Freyseng, merely took part in the planning of these experiments. He neither selected the experimental subjects, nor did he ever see them. It cannot be decisive for the judgment of ... | Harvard: Medical Case (Karl Brandt et al.) | 3,234,600 | 3,235,100 |
talk of inhumanity or brutality" that was the conclusive explanation of the 75 years old scientist, Prof. Dr. Volhard, concerning the question of the sea-water experiments. Your Honors, in order to declare Dr. Becker-Freyseng's participation in the planning of the sea-water experiments a crime, it should be ascertained... | Harvard: Medical Case (Karl Brandt et al.) | 3,235,050 | 3,235,550 |
MARSHAL:The Tribunal will be in recess until 9:30 o'clock tomorrow morning. (A recess was taken until 19 July, 1947, 0930 hours.) Official Transcript of the American Military Tribunal in the matter of the United States of America against Karl Brandt, et al, defendants, sitting at Nuernberg, Germany on 19 July 1947, 093... | Harvard: Medical Case (Karl Brandt et al.) | 3,235,500 | 3,236,000 |
had helped and I had healed. There would be many examples for my actions during danger and my readiness to help. But all that is now different. For my sake I shall not evade these charges. But there is the attempt of human justification which is my duty towards all who believe in mo, who trust in me and who relied upon... | Harvard: Medical Case (Karl Brandt et al.) | 3,235,950 | 3,236,450 |
not only been a doctor but a man too without a heart and without a conscience. Would you believe that it was a pleasure to me when I received the order to start Euthanasia For 15 years I had labored at the sick-bed and every patient was to me like a brother, every sick child I worried about as if it had been my own. An... | Harvard: Medical Case (Karl Brandt et al.) | 3,236,400 | 3,236,900 |
I live in my time and I experience that it is full of controversies everywhere. Somewhere we all must make a stand. I am deeply conscious before myself that when I said "Yes" to Euthanasia I did that in my deepest conviction, just as it is my conviction today, that it was right. Death can mean relief. Death is life - j... | Harvard: Medical Case (Karl Brandt et al.) | 3,236,850 | 3,237,350 |
last months, then it was to be conscious, to know, that before this court, before the German people, and before the people of the world, it would become clear that the serious general charges of the Pros ecution against the Medical Corps of the German Armed Forces have been proved to be without any foundation. It can b... | Harvard: Medical Case (Karl Brandt et al.) | 3,237,300 | 3,237,800 |
Germany would have been completely destroyed. Due to the chaotic development of the last year of the war, success was comparatively limited, but there was success and there were a few things which were saved beyond the end of the war. Today on the strength of the evidence in this trial, I know the reasons which paralyz... | Harvard: Medical Case (Karl Brandt et al.) | 3,237,750 | 3,238,250 |
then I have to ask, why bother at all to start proceedings of that kind, to prepare them, and to carry them out? Those decisions could be made much more quickly. What can I, as a defendant, say against these arguments? That is easily seen by my work, my actions as a doctor and soldier in 35 years of service. Not ambiti... | Harvard: Medical Case (Karl Brandt et al.) | 3,238,200 | 3,238,700 |
treatment and dishonor of various kinds. To the men of the Waffen SS there was added to the weight of such captivity the frightful realization of the fact that their supreme commander, Himmler, had misused their cloak of honor and deceived them, that they had been cheated and then deserted by him. These decent men of t... | Harvard: Medical Case (Karl Brandt et al.) | 3,238,650 | 3,239,150 |
children, the cripples, the neurotics. I am mainly interested in succeeding in being believed that it was not for moral baseness nor for selfish arrogance of the scientist that I came into contact with experiments on human beings. On the contrary, during the entire period in question I had animal experiments carried ou... | Harvard: Medical Case (Karl Brandt et al.) | 3,239,100 | 3,239,600 |
now in retrospect in full. We realize the terror in the secretly negative ideology of extermination combined there with the negative selection of the guards. Only from the files of the International Trial could we see that in the end of the 35,000 guard troops there were only 6,000 SS men unfit for combat. On the rest ... | Harvard: Medical Case (Karl Brandt et al.) | 3,239,550 | 3,240,050 |
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