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
Unlike Professor Ivy, these men certainly considered these experiments
an evil, and their desire was not to become involved in them personally,
if possible, and not to allow troops to participate in them who should
not be burdened with such questions and who had no insight into the
necessity of the measures to be taken. In spite of everything, Germany
was not yet so “communized” that all private feelings in the individual
had disappeared.
The prosecution opposes to this necessity the condition of absolute
voluntariness.
It was a surprise to hear from the expert Professor Ivy that in the
penitentiaries many hundreds of volunteers were pressing for admission
to experiments, and that more volunteered than could be used. I do not
want to dispose of this phenomenon with irony and sarcasm. There may be
people who realize that the community has the right to ask them for a
sacrifice. Their feeling of justice may tell them that insistence on
humanity has its limits. If humanity means the appeal to the strong not
to forget the weak in the abundance of might and wealth, the weak should
also make their contribution when all are in need.
But what if in the emergency of war the convicts, and those declared to
be unworthy to serve in the armed forces, refuse to accept such a
sacrifice voluntarily, and only prove an asocial burden to state and
community and bring about the downfall of the community? Is not
compulsion by the state then admissible as an additional expiation?
The prosecution says “No”. According to this human rights demand the
downfall of human beings.
But there is a mixture of voluntariness and compulsory expiation,
“purchased voluntariness.” Here the experimental subject does not make a
sacrifice out of conviction for the good of the community but for his
own good. The subject gives his consent because he is to receive money,
cigarettes, a mitigation of punishment, etc. There may be isolated cases
of this nature where the person is really a volunteer, but as a rule it
is not so.
If one compares the actual risk with the advantage granted, one cannot
admit the consent of these “voluntary prisoners” as legal, in spite of
all the protective forms they have to sign, for these can only have been
obtained by taking advantage of inexperience, imprudence, or distress.
Looking through medical literature, one cannot escape the growing
conviction that the word “volunteer”, where it appears at all, is used
only as a word of protection and camouflage; it is hardly ever missing
since the struggle over this problem became acute.
Public-domain text, read in full here on John Shaqi.
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