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
You yourselves, gentlemen of the Tribunal, are in a position to examine
whether, on the basis of the information contained in these forms,
individuals of the average education of an inmate of a prison can form a
sufficiently clear opinion of the risks of an experiment made with
pernicious malaria. These facts will be confirmed by any sincere and
decent scientist in a personal conversation, though he would not like to
make such a statement in public. That I myself am, on principle, an
opponent of the idea of dangerous experiments on human beings is known
to you gentlemen of the Tribunal.
The state, however, or any human community which, in the interest of the
well-being of the entire community, did not want to forego the
experiments on human beings, only bases itself on ethical principles as
long as it openly assumes the full responsibility which arises
therefrom, and imposes sacrifices on enemies of society to atone for
their crimes and does not choose the method of apparent voluntary
submission, which imposes the risk of the experiment on the experimental
subjects, who are not in a position to foresee the possible
consequences.
The prosecutor in his plea criticized the preponderance of affidavits
during the presentation of evidence on the part of the defense. The
difficulties which exist for a defendant in prison in the Germany of
today to acquire other documents are almost prohibitive. In order to
give a few examples: When the malaria experiments of Schilling were
discussed, the prosecution, among other material, submitted to the
Tribunal an excerpt from the well-known Dachau sentence concerning the
statements contained therein about the number of victims in these
experiments. I have stated in the witness box that I would rather sit
here as a defendant than put my signature on the opinion which would
confirm these statements. How right I was in making that statement can
be seen from a letter by Professor Allenby of the University of London
which, unfortunately, has only now been received by my defense counsel,
in which he termed the statement that 300 experimental subjects had
died, a grotesque untruth. My defense counsel in his final plea has
quoted the passage of that letter.
The prosecution at that time when the excerpt of the Dachau sentence was
submitted, promised that the entire files of the Dachau trial would be
put at our disposal. Unfortunately, all my efforts to gain an insight in
these files have been in vain.
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