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
During the hearing of evidence, views were repeatedly given on the
question of which principles of medical ethics are to be considered when
performing experiments on human beings. In my opening statement before
the evidence was submitted I pointed out that in the case of these
defendants there is no reason to examine fundamental questions of
medical ethics in these proceedings. Law and ethics are measured by
different standards which sometimes contradict each other. The same
applies to the principles of general ethics as well as to those of a
particular profession. A deed offending the recognized principles of
medical ethics does not necessarily constitute a crime. Only the cogent
precepts of the law can be used as the basis for a verdict, and not the
unwritten regulations and convictions existing inside a profession.
However, it cannot be concluded from this that the principles of medical
ethics and their practical application were of no importance at all in
these proceedings. These principles cannot, of course, be applied
directly. At the same time there is no doubt that the principles of
medical ethics and above all their practical application in recent
decades can play an indirect part insofar as they have to be taken into
consideration when interpreting the law. However, evidence has now
proved that in recent decades and even earlier, numerous experiments
were carried out on human beings, and, moreover, on persons who did not
volunteer for such purpose. In this respect I refer to the statements of
the expert Professor Dr. Leibbrandt, witness for the prosecution. I
furthermore refer to the extensive evidence submitted by the prosecution
on this question from which it appears that in numerous cases
experiments were carried out on human beings, of the nature and degree
of danger of which they could not have been aware and to which they
would never have agreed voluntarily. The only conclusion which can be
drawn from these facts is that during recent decades views on this
question have changed in the same way as the relations between the
individual and the community in general have changed. In this connection
I need not give the detailed reasons which led to this development. It
is a fact that, at least in Europe, the state and the community have
taken a different attitude toward the individual. However differently
one may write about the change in these relations in detail, one thing
is certain, namely, that the state has more and more taken possession of
the individual and limited his personal freedom. This is evidently one
of the accompanying facts of technics and the modern mass-state. It must
be added that the development of medicine in the course of the last
decades has led to discriminating formulations of questions which can no
longer be solved by means of the laboratory and animal experiments.
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