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
He knew that the authorization which was issued was not an order given
to the doctor, but only conferred on him the right to act on his own
responsibility after the most careful consideration of the patient’s
condition. This was a clause inserted in the ordinance of 1 September
1939 on Karl Brandt’s initiative.
The defendant Karl Brandt knew that the specialists, whom he did not
know, were chosen by the Ministry of the Interior, and that the experts
were eminent men in their special spheres.
The defendant Karl Brandt also knew that the authorities concerned saw
no reason to object to the execution of the measure, and that even the
chief jurists of the Reich declared the legal foundations to be
irreproachable, after having been informed of the facts.
Within this framework the defendant Karl Brandt approved of official
euthanasia and supported it.
But the prosecution even calls euthanasia a thousand-fold murder. In
their opinion there was no formal law, and it is alleged that the expert
Dr. Lammers confirmed this.
Yes, but he also stated that even an informal ordinance was valid. Even
an order issued by the Fuehrer had the force of law, as can be clearly
seen from the indisputable effects of such orders, in particular in
relation to foreigners.
But for the defendant Karl Brandt it is of no importance whether the
ordinance of 1 September 1939 was actually valid or not; the only
important thing is that he had reason to believe it was valid and that
he could rely on this opinion.
German courts have already dealt with cases of the practice of
euthanasia; but these cases occurred after the official procedure had
been stopped, as at Hadamar, or after persons had been killed who could
never have come under the powers conferred by the ordinance, or other
crimes were committed.
It should be observed that these sentences always confirm the base
motives of the offenders. On the other hand, these courts were concerned
with the question of public law only to the extent that they confirm
that no formal law was available. In one case the court restricted
itself to information given by a member of the prosecution staff in the
trial before the International Military Tribunal.
The real objections to euthanasia are not based on a formal point of
view, but rather on the same reasons which are advanced against the
admissibility of the medical experiments.
Even an insane person of the lowest grade may not be killed it is said.
No human being may presume to kill another human being.
But the right to kill in war is accepted in international law, and
public law allows the suppression of a revolt by violence.
What prevents the state from ordering killing in the sphere of
euthanasia too?
The answer is that there is no motive which might justify an action of
this kind.
Public-domain text, read in full here on John Shaqi.
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