This affidavit is dated 24 October 1946. The next document which the prosecution wishes to offer in evidence is NOKW-419, which is Exhibit No. 122 and is on page 188 in the English and page 194 in the German Document Book. This is an interrogation of Dr. Weltz, beginning with the question:
"Was it explained to you that in the case of severe freezing, where, however, there wag still some life left, rewarming was -contrary to the previously held opinion -- called for?
"A. That is a fact which I and my associates at Dachau, Holzloehner, Finke and Rascher found out simultaneously and we presented this matter at the same meeting and at the Nurnberg meeting.
"Q. You had thus had tho experience in your experiments with animals that a quick re-warming of those who have been severely frozen is possible?
"A. Yes.
"Q. And then it was openly discussed at the Nurnberg meeting?
"A. Yes."
The next document to be offered in evidence --
THE PRESIDENT: Is there any documentary evidence that Milch was at the Nurnberg meeting?
MR. McMAHON: I do not have such evidence, your Honor, but our point is: it was a meeting of major importance to Luftwaffe medical circles and as Inspector General of the Luftwaffe it was Milch's responsibility to acquaint himself with whatever went on at that meeting and whatever was discussed there.
THE PRESIDENT: The meeting was held for the benefit of the Luftwaffe?
MR. McMAHON: It was, your Honor. It was a Luftwaffe meeting to discuss medical problems and its advance in medical research.
THE PRESIDENT: And he was in a position, whether he was there or not, that he should have known of the information that was there disclosed?
MR. MC MAHON: That's right, your Honor. The next document which the prosecution will offer in evidence is NO-224, which will be Prosecution Exhibit No. 123 and is on page 190 of the English and page 201 of the German Document Book. This is an undated memoranda made by Dr. Romberg concerning the September 1942 meeting in Milch's office in the RLM, which meeting Milch failed to attend. The Court will please note that Milch was the man who finally approved the distribution schedule for this report. Reading from this document:
"On September 11, 1942 at 9:45 o'clock Stabsarzt Dr. Rascher and Dr. Romberg met, according to telephonic and oral agreements with Colonel Pendele, in the ante-chamber of the Secretary of State. We were informed that the Secretary of State had ordered this conference at the present stage, in the course of which a report on experiments concerning "rescue from great heights" was to be made, and the motion picture concerning these experiments was to be shown. The gentlemen waiting in the ante-chamber of the Secretary of State and in the corridor, most of them from the experimental staff, were informed that previous to the conference a motion picture was to be shown, so that all went to the motion picture room on the 5th floor. Here quite a large number of people were already present, so that 30 to 40 persons were there in all. among them were --- we know some of them personally -- some officer, medical and engineer officer, whose presence surprised us in view of the top secret nature of the motion picture end of the experiments. No checking of the persons present was done, nor was there an attendance list. As, after a short time of waiting, the Secretary of State had not come the motion picture was shown, without giving us an opportunity for preliminary or explanatory remarks. During the intermission between the two parts of the motion picture, Dr. Rascher referred once more to the strict obligation of secrecy ordered by the Reichsfuehrer-SS.
After completion of the snowing of the motion picture the Secretary of State had not come, as he had been summoned to the Reichsmarshal -- the persons present still talked a little while about the notion picture, on which 472 (a) occasion less interest was shown in the subject itself than in the place of the experiments and the individuals who had been experimented upon.
After this period of time, during which we were neither called upon to make any statements whatsoever, nor were we, considering the great forum and the absence of the Secretary of State, inclined to give any reports the greatest part of those present sent back to the development conference while Oberstarzt Wuerfler, Oberstarzt Prof. Kolk, Stabsarzt Bruehl and Government Councillor Benzinger asked us for a report in a small medical circle. As, however, the Secretary of State had prohibited any report previous to the fixing of distribution, we refused to disclose the results of the experiments. Oberstarzt Kolk stated that he was willing to report to the Secretary of State our wishes concerning the fixing of distribution and the continuation of the experiments.The motion picture film was handed to Colonel Vorwald.
"According to the conference with Oberstrumbannfuehrer Sievers, i tried to get the film back on the same day, but Colonel Vorwald was still at the development conference, then I telephoned the next day and requested that the film be handed back, Colonel Vorwald declared that he would like to keep the film until after Sunday, the 13th of September, since on this day the Reichsmarshal was coming and might perhaps desire to see the motion picture, accordingly, I let Colonel Vorwald keep the motion picture for that day. On the 14th of September I went to fetch the motion picture from Colonel Vorwald and was informed that it had not been shown. On the same day I spoke with Stabsarzt Bruel, who informed me that Oberstarzt Kolb had transmitted, still on September 11th, our wished concerning distribution and continuation of the experiments to the Secretary of State. The Secretary of State --"-- who was Milch -- " had approved distribution schedule and said that a continuation of the experiments was not urgent. A few days later, the distribution schedule, accepted by the Secretary of State, was sent to the DVL by Colonel Pendele, and the report was accordingly transmitted by the DVL to the offices concerned. Since that time I have not received any news, neither concerning the motion picture nor concerning the report.
Signed - Dr. Romberg."
The prosecution will now offer in evidence Document NO-191, which will be Prosecution Exhibit No. 124 and is on page 193 of the English and page 203 of the German Document Book. This document is an affidavit signed by Rudolf Brandt, who was Himmler's personal adjutant and this document is dated 30 August 1946. It concerns the low-pressure experiments. Here Brandt states that Milch has full knowledge of these experiments. As Himmler's adjutant Brandt knew the details of this matter. Note that he states the experiments could not have been conducted without the knowledge and consent of Milch. The affidavit roads:
"I, Rudolf Hermann Brandt, swear, depose and state "1. I was born on 2 June 1909 at Frankfurt on the Oder, Germany, and studied law at the universities of Berlin and Jena.
In 1932 I became a member of the National Socialist German Labor Party, and my party number --" I can't quite make that out, Your Honor. "In October 1933, I became a member of the SS with the number 129771. On 9 November 1935 I Was made Untersturmfuehrer and was promoted step by step to the rank of Standartenfuehrer. In 1936 or 1937 I became personal consultant to Heinrich Himmler, Reichsfuehrer of the SS. This position was of an administrative nature as a personal assistant to Himmler.
"2. By reason of my position as personal consultant to Himmler I had the opportunity to look into details of many activities in which Himmler and various SS personalities participated. I obtained this insight by discussions with Himmler and other persons involved, and by conferences, correspondence and similar things. I read and answered a great number of letters addressed to Himmler. In some welfare cases I handled such administrative details on my own initiative, for which a basic directive of the Reichsfuehrer SS existed.
"3. By reason of my above-mentioned position and experiences, I also obtained insight into the medical experiments on human beings and I am in the position to give the following testimony on this subject.
"A. The low pressure experiments.
"4. In May 1941 I heard for the first time of the plan to conduct experiments on human beings. The idea came from Dr. Sigmund Rascher, Stabsarzt of the Luftwatffe and later Hauptsturmfuehrer of the SS. At that time, Rascher participated in a course in Aviation Medicine at the Luftgaukommando VII (Air Force District Command) in Munich. He wrote to Himmler and suggested that concentration camp inmates be placed at his disposal in order to establish the altitude reaction the human body.
Volunteers could not very well be expected, as the experiments could be fatal under circumstances. Rascher further declared that the test station for High Altitude Research of the Air Force, whose director was Dr. G.N. Weltz, was ready to conduct such experiments.
475 (a) "5. Himmler had me answer this letter of Rascher who was informed in this answer that prisoners would be made available for the purpose of the experiments.
Later on, in July 1941, Himmler authorized Dr. Weltz, Dr. Rascher, and Dr. Kottenhof to conduct the tests of low pressure experiments in the concentration camp Dachau.
"6. It was about mid-March when the experiments began. In the meantime, the necessary technical preparations were carried out by Dr. Weltz. Dr. Kottenhoff was transferred to Roumania but the other participants in these were reinforced by Dr. Ruff, director of the Aviation Institute, Berlin-adlershof, and his assistant Dr. Romberg. These men, together with Weltz and Rascher, held a conference in Dachau in which technical preparations were discussed with the commander of the concentration camp Dachau, Pierkrowski, and the Munich adjutant of the Reichsfuehrer SS, Schnitzler. Dr. Weltz promised to obtain the necessary orders for Dr. Rascher from the Luftwaffe.
"7. It was ordered by the Reichsfuehrer SS that Rascher was to participate personally in the experiments on human beings in Dachau. According to that, I wrote to Sievers in March 1942 that the experiments were approved as long as Rascher participated in them. It was mainly Luftwaffe experiments and Rascher was the only SS doctor in the Group. This was done by request of Mrs. Rascher, who was afraid that other members, especially Dr. Weltz, would assume leadership and. responsibility for the experiments and. so brush aside Dr. Rascher. She wanted Rascher to be attached to the Aviation Research Institute, Berlin-Adlershof, to prevent Weltz from transferring him somewhere else. Rascher was to be transferred by Himmler's order through Generaloberstabsarzt Dr. Hippke, who extended the order to the effect that Rascher was attached to Weltz's organization in Munich.
"8. In April 1942 Rascher sent a report draft on the progress of the experiments to Himmler. This report stated that the experiments were conducted, with the aim of ascertaining how long human beings could live if subjected to the variations occurring in high altitudes (lack of oxygen and low pressure). Many experiments ended with the death of the experimental subject. Rascher declared in any accompanying letter that Sievers had seen some of the experiments.
"9. After Himmler had read the report, he ordered Rascher to continue the experiments on persons who were sentenced to death. If the experimental subjects survived the experiments, their sentenced was commu*ed to life imprisonment. He also requested him to invite Dr. Fahrenkamp to this experiments. In the meantime, Sievers had reported to Himmler on his visit to Dachau and his knowledge of and participation in the low pressure experiments. For subjects who volunteered the prison sentences were to be reduced.
"10. Rascher inquired later on whether Poles and Russians who survived the experiments were to have their death sentence commutted. I answered Obersturnfuehrer Schnitzler by order of the Reichsfuehrer SS that the death sentence of Poles and Russians was not to be commuted.
"11. There is no doubt that numerous mishaps occurred in the course of these experiments. I remember that Mrs. Rascher wrote to me asking for permission to take color photos of newly dissected bodies; this permission was granted.
"12. Generalfeldmarschall E. Milch and Professor Hippke, Inspector of the Medical Service of the Luftwaffe, were fully informed about the low pressure experiments. Actually, these experiments could not have been conducted without the knowledge and approval of these men, as they were conducted for the benefit of the Luftwaffe and the experimenting persons were mostly Luftwaffe physicians. Rascher was also a member of the SS and that's why Himmler insisted in his full participation in the experiments. He wanted the SS to get credit for this undertaking.
"Karl Wolff was the liaison man between Himmler and Milch for the low pressure and freezing experiments. I remember a correspondence between Himmler and Milch, in which the latter admits to have read the reports of Rascher and Romberg. The Air Ministry (RLM) was to show films on these experiments. It is also know to me that Himmler tried to get Rascher's release from the Luftwaffe by a letter to Milch so that he would only be under the orders of the SS. In this he finally succeeded through Hippke's office." This is signed.
"Rudolph Brandt."
The final document offered by the Prosecution in evidence is NO 242, which will be Prosecution Exhibit No. 125. It is on Page 196 of the English and, Page 207 of the German Document Book. The German copy of this was illegible -
THE PRESIDENT: The court will take its customary recess.
(A recess was taken)
TEE MARSHAL: The Tribunal is again in session.
MR. MC MAHON: The exhibit which we were about to discuss was NO242, Exhibit No. 125, on page 196 of the English document book and page 207 of the German book. This affidavit is sworn to by Rudolf Brandt and concerns freezing experiments. It reads:
"I, Rudolf Emil Hermann Brandt, being duly sworn, depose and state:
"1. I am the same Rudolf Brandt who has heretofore sworn to an affidavit on the 30th day of August, 1946, concerning certain low pressure experiments performed on human beings at the Dachau Concentration Camp.
"2. For the same reason set forth in paragraphs 1, 2, and 3 of my affidavit of 30 August 1946 I am able to make this statement concerning freezing experiments performed on human beings.
FREEZING EXPERIMENTS "3. In the late Spring of 1942 Field Marshal Milch of the Luftwaffe, in a letter to SS Obergruppenfuehrer Karl Wolff (Chief of the Personnel Staff of the Reichsfuehrer SS), authorized the freezing experiments on human beings; Oberstabsarzt A.G. Weltz was ordered to make these experiments and Rascher was to assist him.
Milch expressed his thanks to the SS for their cooperation with the Supreme Command of the Luftwaffe in conducting the low pressure experiments --"
I believe that should read "Of the Supreme Command of the Luftwaffe."
"--To the best of my recollection Rascher wrote Himmler a few weeks later to the effect that Generaloberstabsarzt Professor Dr. Hippke had requested freezing experiments to be carried out on concentration camp inmates at Dachau. Rascher requested that Himmler approve the pardon of several inmates at Dachau who had assisted him in performing autopsies on human guinea pigs who were killed during the course of the low pressure experiments.
4. The Luftwaffe was interested in having the cooling experiments conducted because of the fact that a number of German aviators were forced to parachute into "The North Sea, and consequently were so etimes subjected to extreme cold for extended periods of time. The purpose of the freezing experiments was to learn the most effective way of rewarming such aviators, thereby saving their lives.
5. The freezing experiments were begun in August 1942, and RASCHER sub mitted a preliminary report in September 1942. The test persons were partially submerged in ice water to lower their body temperature. This report stated that some of the experimental subjects were killed as a result of the experiments RASCHER attempted to revive the frozen subjects by rapid rewarming with hot water. He stated that rewarming by animal heat had not yet been utilized, but that he thought it would be too slow.
6. HIMMLER acknowledged receipt of this report late in September and ordered RASCHER to explore the effectiveness of rewarming by animal heat. A copy of this letter was sent to Sievers with a request for acknowledgment.
7. As a result of HIMMLER's request that animal warmth be used as one of the methods of rewarming in the course of the experiments, RASCHER made a request that a number of women be supplied for this purpose. I know that women were supplied to RASCHER, and that they were used to rewarm the experimental subjects who had been frozen.
8. In October 1942, RASCHER submitted the final report on the freezing experiments performed at Dachau. This report did not contain the results of a series of experiments with drugs and with animal body heat which were then still being conducted. It was also noted that the report did not contain the microscopic pathological examinations of the brain tissues of the deceased. This report was signed by Prof. Dr. E. Holzloehner, Dr. Sigmund RASCHER and Dr. E. Finke, Data was submitted concerning number of subjects who were frozen to death.
9. Himmler acknowledged receipt of this report; a copy of the letter being "sent to Karl Wolff. He stated that a copy of the report had been sent to field Marshall MILCH of the Luftwaffe, and went on to state that he expected reports regarding the use of animal heat in reviving the frozen subjects. He further asked RASCHER to submit the names of people who were opposed to experiments on human beings, and stated that such peoples were to be considered as traitors. Later on Himmler had a conference with Rascher concerning the experiments, and during November he visited Dachau in order to observe personally the experiments.
10. It should be noted that some jealousy arose among Rascher and his collaborators, as a result of the low pressure and freezing experiments. Sievers was of the opinion that Holzloehner was attempting to receive credit for the cold experiments, and that the same had been done by Dr. Ruff with regard to the low pressure experiments. For this reason, Sievers suggested to Himmler that it would be wise if Rascher were taken over entirely into the SS and away from the Luftwaffe, so that his work can be carried out under the sole auspices of the Personnel Staff of the Reichsfuehrer SS, and the Anhererbe Institute. As a result of this, Himmler wrote a letter to Field Marshall MILCH in November 1942, requesting that Rascher be discharged from the Luftwaffe and transferred to the Waffen SS. Himmler stated that he would assume sole responsibility for experimentation on human beings."
Now omitting paragraph 11, and reading at paragraph 13:
"13. Rascher had still not been released from the Luftwaffe as late as January 1943, and no answer had been received from MILCH in reply to the formal request made by Himmler in November 1942. Sievers was concerned about this delay because Rascher was planning to make certain experiments on the effect of dry-cold on human beings, and since it was thought that these could not be started prior to Rascher's transfer, Sievers was becoming concerned lost the transfer of delayed by the cold season. I know that Sievers was in touch with Wolff on several occasions, and urged him to expedite the transfer.
Wolff was serving as the liaison between Himmler and MILCH in this matter."
Now going to paragraph 18:
"18. The efforts to release Rascher from the Luftwaffe were intensified. Hippke had apparently heard the criticism of the SS that Rascher had not been given full cooperation by the Luftwaffe, and he defended himself against the accusation that ho had not enthusiastically reported the experiments performed on human beings. He indicated would be willing to approve of Rascher's release from the Luftwaffe if Rascher himself made the requests. Hippke pointed out that the difficulties about which there was some complaint were caused not because of any disapproval of experiments on human beings, but because of the personal vanities of the various doctors involved in that each one apparently wanted to take personal credit. Rascher himself was criticized in that respect.
19. Rascher defended himself in a latter to me against this slur of Hippke, and added that he had made further tests on the resuscitation of human beings who were frozen by dry-cold during a period of heavy frost.
The experimental subjects were kept naked outdoors for 14 hours at freezing temperatures. A complete report on this subject was sent to Himmler in April 1943. I acknowledged receipt of this report in a letter to Rascher, and according to orders advised to get in touch with Prof. Gebhardt at Hohenlychen, to whom Himmler had sent the aforesaid report. Rascher was also directed to send a copy of the report to Grawitz."
The signature to this affidavit should read "Rudolf Brandt" instead of "R. Rascher". It is dated the 9th September 1946.
For the purpose of the record, Your Honor, I wish to call your attention to the exhibit number of Document 343B-PS, which is Exhibit No. 117. Also in regard to Exhibit No. 101, which consisted cf documents NOKW 426, 450 and 452. These exhibits are now being submitted to the Secretary General as his Exhibit No. 112, NOKW 451.
THE PRESIDENT: Let's get these exhibit numbers straight on the NOKW.
MR. MCMAHON: 450.
THE PRESIDENT: 450 and 452.
MR. MCMAHON: They are correct.
THE PRESIDENT: 426 was given Exhibit No. 100, was it not?
MR. MCMAHON: I think they are all included as Exhibit No. 101. Your Honor.
THE PRESIDENT: Will you tell me what is the number of -- exhibit number of 2428-PS?
MR.MCMAHON: That was Exhibit No. 100.
THE PRESIDENT: All right.
JUDGE PHILLIPS: I have them as NOKW 246, 450 and 452 are all Exhibit No. 101.
MR. MCMAHON: That is right, Your Honor.
JUDGE PHILLIPS: And then 1581-PS is No. 102.
MR. MCMAHON: Yes, Your Honor. This, Your Honor, completes the presentation of evidence in the medical experiments case.
MR. DENNY: If Your Honor please, the Prosecution at this time would like to request a short adjournment in order that we may correct the record, and make sure nothing has been omitted which we would want to include. addition there is a possibility that we may have some more material to present to Your Honors, but I am not in a position to state now whether that material is forthcoming. I also understand Dr. Bergold also has an objection which he would like to make.
THE PRESIDENT: How long do you wish to stay to assure yourself that proofs are all in the record and complete, and in order to determine there may be more and further proof for the Prosecution?
MR. DENNEY: Certainly the balance of today should be sufficient on the first count; sofar as additional proof is concerned. Your Honor, I am not in a position to state. I don't know.
THE PRESIDENT: If you find you have further proof that should be submitted even after the defense opens, you may do so.
MR. DENREY: We would be perfectly willing to do that, Your Honor, if there is an agreement.
DR. BERGOLD: May it please the Tribunal, I must ask for a recess for the following reasons. The case of the defendant Milch, from the point of view of time, is particularly difficult because it is a question here of one defendant. To be sure, I have acted for the defendant since November, but as I stated earlier, I had not received the documentation for my defendant until the beginning of this case. The documentation from the Central Planning I did not receive until the prosecution began its case because they are in the possession of the Secretary General. The documents pertaining to the Central Planning that have so far been presented I have not been able to go through in detail. Only in the Information Center for the Defense are these to be found. They cannot be taken from that Center. I cannot give them to my secretary to be copied but must read them there. The office is closed at six o'clock.
Almost every day I have been here in the court house and in the court, and after the termination of the court I only had an hour to work on these things. There are enormous piles of books that I estimate to be about five volumes of files that I must go through. I have not had a chance to read the court record of the case regarding the Jaegerstab. None of the witnesses whom I have requested have I been able to speak to personally. Many of them are on their way to Nurnberg or are not here. Therefore, I state my convictions that I am doing everything I can, working from early in the morning until late at night, but so far I simply do not have the data at my disposal and because of the sessions here in court I have not had the time necessary. The witnesses have not yet come.
I believe I shall need at least a recess of two weeks to prepare myself. I grant that is quite a length of time but because of the extent and scope of this case it is really a very short time. I know that the prosecution has been working on this case for several months. I have seen the documentation and evidence. It is not possible for me to go through this vast material in just one or two days. I must read through all of the files precisely and I must be able to consult with my witnesses. I, therefore, request at least a period of recess of at least two weeks. I must also say that even then I am afraid I may have to ask for a further recess, but I shall do everything in my power to make that two weeks recess suffice.
Unfortunately, I can only work on this material during the office hours of the Information Center. After the office closes, I am not allowed to work there because it is not permitted for me to have access to these documents unless there is a guard there. That is my application.
THE PRESIDENT: In order to expedite the work of the court, Mr. Denny, would it not be possible for arrangements to be made for Dr. Bergold to have more access to the Information Center, that is, for longer hours in the evening? Could not the necessary guard be provided?
MR. DENNY: If Your Honor please, I an uninformed about the process in the Information Center. I can make inquiry and advise Your Honors.
THE PRESIDENT: That is under the jurisdiction of the Secretary General, is it?
MR DENNY: As I understand it, we have nothing to do with it directly.
THE PRESIDENT: Then that is the court's problem. It seems that we could direct the Secretary General to see to it that Dr. Bergold has access to the material in the Information Center, Defense Center, during the evening or outside of their regular hours. Would that assist you Dr. Bergold, if we did that?
DR. BERGOLD: Most certainly. But even then, because of the vast extent of the material and the number of witnesses, I shall still need two weeks. I shall, in addition, have to call further witnesses; namely, those who have given affidavits in the case of tho prosecution and whom I shall want to cross-examine. I am trying to do everything I can to see to it that I do not call witnesses who avail nothing in my case.
JUDGE MUSMANNO: Dr. Bergold, during the 30-day period following the filing of the indictment and the actual beginning of the trial, did you not have an opportunity to examine tho documents that you now speak of?
DR. BERGOLD: No. Only after the first or second meeting, of the court, did I receive those documents. We started here in January and then I asked that the documents pertaining to the Central Planning be given to be and only then-a few days later--did I receive these documents on the Initiative of the Tribunal itself.
May it please the Tribunal, let me add one thing: in Court No. 1, in the first case, the defense had the documents only a week ahead of time, but since the trial had been going on since November or December, consequently the defense has had the material in its hands for quite a while; and if they since we have been in session only since January, is not unreasonable. We have had to leave our own rooms--the Information Center closes at six--at nine o'clock we have to leave our own offices. Moreover, I am only able to speak to my client only during the evening hours. Unfortunately, it is usually about six-thirty before he is accessible so that I spend most of my evening hours after six-thirty speaking to the defendant. That again takes me more time.
THE PRESIDENT: The Tribunal has determined to recess further proceedings until a week from next Monday. The Court will recess at this time and reconvene on January 27 at nine-thirty in the morning.
THE MARSHAL: This Tribunal is recessed until 0930 on the 27 January.
(The Tribunal adjourned until 27 January 1947 at 0930 hours.)
Official transcript of the American Military Tribunals Court, case No. 2, in the matter of the United States of America against Erhard Milch, defendant, sitting at Nurnberg, Germany on 27 January, 1947, 0930 - 0945. Justice TOMS, presiding.
THE MARSHALL: Military Tribunal No. 2 is now in session. God save the United States of America and this Honorable Tribunal. There will be order in the court.
THE PRESIDENT: The Marshal will ascertain whether the defendant, Erhard Milch, is present in Court.
THE MARSHAL: May it please Your Honors, the defendant is present in the Court.
THE PRESIDENT: Is counsel for the defendant, Dr. Bergold also present?
THE MARSHAL: Dr. Bergold is also present in the courtroom.
MR DENNEY: If Your Honors please, the prosecution is not prepared at this time to submit some additional evidence which we have, as it is not ready. As I understand it, Dr. Bergold was going to start today. In any event we are prepared to concede at this time with reference to tho application by tho defense for calling von Neurath as a witness. If Your Honors recall Dr. Bergold stated that he was calling this witness to show that the Soviet Union was not a participating member of the Geneva Convention. The Prosecution is willing to concede that the Union of Soviet Socialist Republics was not at any time a signatory of the Geneva Convention. However, we wish to direct the Court's attention to the fact that our contention is that the Geneva Convention was only an effort to codify tho already existing rules of land warfare. However, in making this concession we don't for a moment waive our contention that as prisoners of war, soldiers and officers of all nations are entitled to humane treatment, both under the rules of International Law, and under general Humanitarian principles, and that these rules apply whether or not some one has already signed as signatory of a particular pact, or articles of agreement at a convention which has been agreed to among other nations.