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 practice of medical experimentation upon human beings in other
countries was brought out by the defense in an effort to show that the
medical experimentation in which these defendants engaged was not
criminal. Extracts from the argumentation of the defense have been
selected from the closing briefs for the defendants Karl Brandt and
Ruff. These appear below on pages 90 to 93. From the evidence on this
question, the following appear below on pages 95 to 121: Selections from
defense documents, followed by extracts from the cross-examination of
one of the prosecution’s expert witnesses Dr. Andrew C. Ivy and an
extract from the cross-examination of the defendant Rose.
b. Selections from the Argumentation of the Defense
_EXTRACT FROM THE CLOSING BRIEF FOR
DEFENDANT KARL BRANDT_
* * * * *
Reference has furthermore been made to the _extraordinarily large number
of persons_ available _for experiments_. With regard to the experiments
made and on the basis of the evidence of this trial, experiments on a
large scale have been made only in rare cases, and these may be compared
in size with experiments on a large scale outside of Germany, as they
were made even in peacetime; reference is made once more to the malaria
experiment. (_Karl Brandt 1, Karl Brandt Ex. 1._)
If one considers the _number of persons sentenced to death_ who were
subjected to experiments, the number is comparable to those eleven
condemned persons for the poison experiment in Manila. (_Becker-Freyseng
60a, Becker-Freyseng Ex. 59._)
One should compare, among others, the plague experiments by Strong in
1912 on 900 convicts, including an experiment on 42 persons some of whom
were persons sentenced to death, and the typhus experiments by Hamdi on
153 persons. (_Becker-Freyseng 60a, Becker-Freyseng Ex. 59._)
If the number of condemned persons used for experiments in these
proceedings appears high, it should be taken into consideration that the
number of persons sentenced to death under the laws of war is also
unusually high. For the protection of the country, criminal laws are,
during wartime, applied more rigorously in all countries in order to
guarantee safety at home during the absence of the male population at
the front. The number of ordinary criminals who have been punished on
account of acts committed by taking advantage of war conditions, and
especially of the blackout, is already unusually high; it is, therefore,
not even necessary to include herein the persons sentenced for political
crimes.
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