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
The defense has in the present situation only very limited literature at
its disposal for the comprehension and explanation of these legally
important facts of the case. However, the little that is available is
already so revealing that one must come to the conclusion that medical
experiments on human beings are not only admissible on principle, but in
addition, that it also does _not_ violate _the basic principles of
criminal law_ of civilized nations to carry out _experiments on
convicts_.
The _question_ today is not whether experiments on human beings may be
carried out but only under what circumstances and _how_ these
experiments may be undertaken. Moreover, the prosecution itself has
declared that human experiments are admissible on principle.
It is not intended here to go into the experiments which were made on
the healthy and the sick and _corpus vile_ at the _time_ when modern
research was in _its infancy_ and without participation of government
authorities. Insight into those times can be obtained from the book by
the Russian physician _Wressajew_ “Confession of a Physician” (_Karl
Brandt 48, Karl Brandt Ex. 55_), published about 1900. The book reveals
some of the experiments that were then known to medical experts and it
follows that the governments did not interfere but in the interest of
medical progress permitted such experiments without trying to protect
the individual as the person experimented upon. The states then either
_considered_ such experiments _compatible with criminal law_, or they
acquiesced in the camouflaging of the “voluntariness” of the person
experimented upon which was customary in consideration of the law. No
governmental intervention as the result of such medical experiments is
known.
With the development of health administrations, _governmental
supervision_ has been increasingly instituted in all countries and one
can consider all that was admitted in medical experiments with the
consent of the administration and without opposition as the _sediment of
the existing law_. This is true particularly of recent times where
governmental direction is on the increase.
Particular attention must be given here to the experiments in state
institutes on convicts and those sentenced to death.
* * * * *
_EXTRACTS FROM THE FINAL PLEA FOR
DEFENDANT GEBHARDT_[12]
* * * * *
_The Agreement by the Experimental Persons as Legal Justification_
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