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
Shortly after the commencement of operations for the disposal of
“incurables”, the program was extended to Jews, and then to
concentration camp inmates. In this latter phase of the program,
prisoners deemed by the examining doctors to be unfit or useless for
labor were ruthlessly weeded out and sent to the extermination stations
in great numbers.
Karl Brandt maintains that he is not implicated in the extermination of
Jews or of concentration camp inmates; that his official responsibility
for euthanasia ceased at the close of the summer of 1941, at which time
euthanasia procedures against “incurables” were terminated by order of
Hitler.
It is difficult to believe this assertion, but even if it be true, we
cannot understand how this fact would aid the defendant. The evidence is
conclusive that almost at the outset of the program non-German nationals
were selected for euthanasia and exterminated. Needless to say, these
persons did not voluntarily consent to become the subjects of this
procedure.
Karl Brandt admits that after he had disposed of the medical decisions
required to be made by him with regard to the initial program which he
maintains was valid, he did not follow the program further but left the
administrative details of execution to Bouhler. If this be true, his
failure to follow up a program for which he was charged with special
responsibility constituted the gravest breach of duty. A discharge of
that duty would have easily revealed what now is so manifestly evident
from the record; that whatever may have been the original aim of the
program, its purposes were prostituted by men for whom Brandt was
responsible, and great numbers of non-German nationals were exterminated
under its authority.
We have no doubt but that Karl Brandt—as he himself testified—is a
sincere believer in the administration of euthanasia to persons
hopelessly ill, whose lives are burdensome to themselves and an expense
to the state or to their families. The abstract proposition of whether
or not euthanasia is justified in certain cases of the class referred to
is no concern of this Tribunal. Whether or not a state may validly enact
legislation which imposes euthanasia upon certain classes of its
citizens is likewise a question which does not enter into the issues.
Assuming that it may do so, the Family of Nations is not obligated to
give recognition to such legislation when it manifestly gives legality
to plain murder and torture of defenseless and powerless human beings of
other nations.
The evidence is conclusive that persons were included in the program who
were non-German nationals. The dereliction of the defendant Brandt
contributed to their extermination. That is enough to require this
Tribunal to find that he is criminally responsible in the program.
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