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
VIII. EVIDENCE AND ARGUMENTS ON
IMPORTANT ASPECTS OF THE CASE—Continued
F. Necessity
a. Introduction
The defense generally argued that the medical experiments took place
because of military necessity or the national emergency presented by
war. The defendant Sievers argued that his participation in various
experiments was a necessary part of his participation in a resistance
movement in Germany. The defendant Hoven argued that the concentration
camp inmates, who were killed by him or with his approval and knowledge,
were selected by the camp leadership which had been formed by the
political inmates themselves. Hoven also argued that the inmates killed
were all dangerous criminals who collaborated voluntarily with the SS,
and if they would not have been removed, the political inmates would
have been exterminated by these criminals and by the SS. He concluded
that it was therefore necessary, in order to prevent greater harm,
either to kill these “stool pigeons” personally or to give his approval
for their extermination.
On the argument of military necessity and national emergency, extracts
from the final plea for the defendant Gebhardt are included on pages 5
to 12. On the general question of necessity, extracts are included from
the examination of the defendant Karl Brandt by Judge Sebring on pages
29 to 30, and from the cross-examination of the prosecution’s expert
witness, Dr. Andrew C. Ivy on pages 42 to 44. The prosecution discussed
the general question of necessity in its opening statement.
The argument of the defendant Sievers that his participation was
necessary in connection with resistance to the Nazi leadership appears
in his final plea, an extract from which is given on pages 13 to 25.
From the evidence supporting the claim of Sievers, extracts from the
testimony of defense witness Dr. Friedrich Hielscher are included on
pages 30 to 41. The prosecution’s reply to Sievers’ special defense was
made, in part, in the prosecution’s closing statement, an extract of
which appears on pages 4 to 5. The argument of the defendant Hoven that
the killing of concentration camp inmates, of which he was accused, was
justifiable homicide appears in his final plea, an extract of which is
set forth on pages 25 to 28. The prosecution’s reply to this special
defense is set forth in the closing brief against the defendant Hoven,
an extract of which will be found on pages 2 to 4.
b. Selections from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT HOVEN_
* * * * *
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