Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
A. There were only three types of resistance possible. First of all,
emigration for a person who was able; second, open resistance which
meant a concentration camp or the death penalty, and to my knowledge,
never met with any success; third, passive resistance by apparent
yielding, misplacing and delaying orders, criticism among one’s friends,
in short, what writers today call “internal emigration.” But that really
doesn’t have much to do with the question. As far as the direct question
of prevention is concerned, I would like to say something more. To take
a comparison from the medical field, it is unknown to me and I cannot
imagine, for example, that an assistant of a scientific research worker
who is performing infections with a fatal disease, for example, leprosy,
on a prisoner, that this assistant should prevent the scientist from
carrying out this infection by force—perhaps by knocking the hypodermic
syringe out of his hand and crying “You mustn’t do that, the man might
die!” I could imagine that some assistant might, for personal reasons,
refuse to participate in such experiments, but I cannot imagine that if
there were a trial against this doctor the prosecution would demand that
the assistant should have prevented the scientist in this manner.
Q. Then, you are convinced that prevention by force was impossible?
A. Yes.
Q. But could you not have filed charges, for example, with the police or
with the public prosecutor, against Rascher?
A. Yes, of course, I could have, but if I had gone there and said,
“Rascher has performed experiments ordered by Himmler—by the Chief of
the German Police and whatever else he was—the Reich Leader SS, the
State Secretary in the Ministry of the Interior,” they would probably
have said: “Well, we can’t do anything about it. If he has orders, then
we can’t do anything about it.”
* * * * *
-----
[18] Jews who had had sexual intercourse with German women with their
consent.
[19] Very similar arguments were advanced by counsel for defendant
Romberg.
[20] The witness Neff was called to testify as a Tribunal witness and
not as a prosecution witness.
[21] See Vol. II, judgment is case of United States _vs._ Erhard Milch.
[22] Last sentence is crossed out and replaced by one in German
shorthand.
[23] Translator’s Note: “Terminal” as used here means “resulting in
death”.
[24] These studies were carried out in conjunction with the research and
educational society “Ahnenerbe.”
[25] Complete testimony is recorded in mimeographed transcript, December
17-18, 1947, pp. 595-695.
[26] Complete testimony is recorded in mimeographed transcript, March
24, 25, and 26, 1947, pp. 4869-4994.
[27] Complete testimony is recorded in mimeographed transcript, May 1,
2, 3, 4, 5, and 6, 1947, pp. 6764-7032.
2. FREEZING EXPERIMENTS
a. Introduction
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