Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume II
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
The charges advanced against the defendant Karl Brandt include medical
experiments on human beings and euthanasia. In both cases the defendant
is charged with having committed crimes against humanity.
The press comments on the proceedings, anticipating the sentence and
publishing articles about base characters and depravity. Pamphlets with
striking titles appear.
On the other hand the Tribunal will make itself acquainted with the
literature collected by the defense as evidence. If one reads this
literature one loses one’s self-confidence and cannot conclude without
admitting that these are problems which persons not considered criminals
tried to solve before the defendants. These are problems of the
community. The individual may make suggestions for their solution, but
the decision is the task of the community and therefore of the state.
The question is how great a sacrifice may the state demand in the
interest of the community? This decision is for the state alone.
How the state decides depends on its free discretion, and finds its
limit only in the rebellion of its citizens. In obeying the orders of
his state, the defendant Karl Brandt did no wrong. If sentence is passed
against him, it would be a political sentence against the state and the
ideology it represents.
One can condemn the defendant Karl Brandt only by imposing on him the
duty of rebellion and the duty of having a different ideology to his
environment.
It is contended that the state finds its limits in the eternal basic
elements of law, which are said to be so clear that anyone could discern
their violation as a crime, and that loyalty to the state beyond these
limits is therefore a crime. One forgets that eternal law, the law of
nature, is but a guiding principle for the state and the legislator and
not a counter-code of law which the subject might use as a support
against the state. It is emphasized that no other state had made such
decisions up to now. This is true only to a certain extent. It is no
proof, however, that such decisions were not necessary and admissible
now. There is no prohibition against daring to progress.
The progress of medical science opened up the problem of experiments on
human beings already in the past century, and eventually made it ripe
for decision. It is not the first time that a state has adopted a
certain attitude with regard to euthanasia with a change of ideology.
Only the statesmen decide what is to be done in the interests of the
community, and they have never hesitated to issue such a decision
whenever they deemed it necessary in the interest of their people.
Thereupon their rules and orders were carried through under the
authority of the state, which is the basis of society.
Public-domain text, read in full here on John Shaqi.
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