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
While it is not deemed strictly necessary in this judgment to describe
in any detail the procedure followed in performing these experiments, a
brief statement will now be made thereon. The first experimental
subjects consisted of 15 male concentration camp inmates used during
preliminary experiments in July 1942, but later 60 Polish women, who
were experimented on in 5 groups of 12 subjects each.
In the first series of experiments the healthy subjects were infected
with various bacteria, but resulting infections were not thereafter
considered sufficiently serious to furnish an answer to the problem
sought to be solved and further experiments were then undertaken.
Dr. Gebhardt has admitted that in the second series of experiments three
of the subjects died as a result of the treatment received. All of these
subjects were persons who had been selected by the concentration camp
authorities and who were not consulted as to their consent or
willingness to participate. Notwithstanding this, however, the
experimental subjects protested against experiments both orally and in
writing, stating that they would have preferred death to continued
experiments, since they were convinced that they would die in any event.
An examination of the evidence presented to this Tribunal in connection
with sulfanilamide experiments performed upon unwilling and
nonconsenting concentration camp inmates indicates conclusively, that
participating human subjects were used under duress and coercion in
experiments performed upon their bodies; that persons acting as subjects
incurred and suffered physical torture and the risk of death; that in
the experiments here discussed at least five deaths of subjects were
caused therefrom.
It is claimed by Dr. Gebhardt that all of the non-German experimental
subjects were selected from inmates of concentration camps, former
members of the Polish Resistance Movement, who had previously been
condemned to death and were in any event marked for legal execution.
This is not recognized as a valid defense to the charge of the
indictment.
The Polish women who were used in the experiments had not given their
consent to become experimental subjects. That fact was known to
Gebhardt. The evidence conclusively shows that they had been confined at
Ravensbrueck without so much as a semblance of trial. That fact could
have been known to Gebhardt had he made the slightest inquiry of them
concerning their status. Moreover, assuming for the moment that they had
been condemned to death for acts considered hostile to the German forces
in the occupied territory of Poland, these persons still were entitled
to the protection of the laws of civilized nations. While under certain
specific conditions the rules of land warfare may recognize the validity
of an execution of spies, war rebels, or other resistance workers, it
does not under any circumstances countenance the infliction of death or
other punishment by maiming or torture.
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