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
No _legal regulations_ regarding the question of admissibility of
medical experiments in civilized countries are _known_. However, it is a
fact that such experiments have been carried out to a greater or lesser
extent within the memory of man in all countries and up till now have
remained unopposed. But with the development of medical knowledge and
modern methods of research, experiments on human beings have increased
considerably. Today, when research, to solve its problems and meet its
challenges, has advanced into the most widely differentiated spheres,
they are considered absolutely necessary. Accordingly, human experiments
will continue to increase with the progress of science and the _problem_
that this trial has raised will always be _urgent_.
Moreover, reference is made to the opinion of the Washington anatomist,
E. V. Cowdry, on the necessity of human experiments in cancer research
(_Karl Brandt 50, Karl Brandt Ex. 56_), and the order for human
experiments on the part of the British Military Government for Professor
McCance in Wuppertal. The knowledge of such experiments on human beings
was, as literature shows, at first limited to medical specialist circles
and the official authorities concerned. Only in recent times has _the
public_ been cautiously informed. (_Becker-Freyseng 60, Becker-Freyseng
Ex. 58._) Complete instruction of the public is only necessary so that,
in case of an eventual discussion, sound judgment of the actions of the
researcher may be possible.
Reference is also made to the remarkable publication on the malaria
experiment on 800 prisoners in the United States, published in the
widely circulated periodical “Life” (_Karl Brandt 1, Karl Brandt Ex.
1_). The number of the imprisoned persons to be experimented upon was
even more than 2,000, according to the radio account submitted.
Repeated reports on such experiments have so far been _received without
opposition_ by specialist circles, the authorities, and also the general
public. From that can be gathered what in principle is considered
permissible and right by competent authorities and the public. The
experiments actually carried out are a mirror of the existing laws and
one can by way of _legal sociological investigation find the norms of
law_ that have validity. This is done where the law is not codified. In
the same manner, the International Military Tribunal has derived the
existing international law on the basis of its phenomena and the same
procedure leads to the determination of the common law. Inasmuch as
positive regulations exist in the United States which are contradictory
to the law derived from the phenomena, these legal regulations must be
produced or else the _conclusions_ that can be drawn from the
experiments must be regarded _in favor of the defendant_ as valid law
and an expression of fundamental principles of punishment.
Public-domain text, read in full here on John Shaqi.
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