THE PRESIDENT:
SCHROEDER The defendant Schroeder is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, High Altitude, Freezing, Sulfanilamide, Seawater, Epidemic Jaundice, Typhus and other vaccines, and Gas Experiments.
The Prosecution has abandoned the charge that he participated in the sulfanilamide experiments and hence that subject will not be considered further.
The defendant served as a medical officer with the infantry during the First World War. In the period prior to 1931 he was attached as medical officer to a number of military units. On 1 January 1931 he was transferred to the Army Medical Inspectorate as a Consultant (referent) on hospital matters and thereapeutics with the rank of Oberstabarzt (Major). In 1935 Schroeder became Chief of Staff to Generalarzt Hippke in the newly established Medical Department of the Reich Ministry for Aviation. He retained this position after Hippke was made Inspector of the Medical Service of the Luftwaffe in 1937. In February 1940 Schroeder was appointed Air Fleet Physician for Air Fleet II with the rank of Generalstabsarzt (Major General). On 1 January 1944 he replaced Hippke as Chief of the Medical Service of the Luftwaffe. Simultaneously he was promoted to Generaloberstabarzt (Lieutenant General), which was the highest rank obtainable in the medical services. As Chief of the Medical Service of the Luftwaffe, all medical officers of the German Air Force were subordinated directly or indirectly to Schroeder. After he became Chief of the Medical Service of the Luftwaffe his immediate superior was Handloser, who was Chief of the Medical Service of the Wehrmacht.
HIGH-ALTITUDE EXPERIMENTS:
The experiments were performed at Dachau Concentration Camp for the benefit of the Luftwaffe during the year 1942. Details of the experiments are discussed in other portions of this Judgment.
During the period from 1941 to the end of 1943 the defendant, Schroder, in his position as Air Fleet Physician of Air Fleet II was in the operational Zone of Air Fleet II, which comprised the Mediterranean Area. He did not become Chief of the Medical Service of the Lufwaffe until 1 January 1944. There is no evidence that while Air Fleet Physician he exercised or could have exercised any control over experiments then being conducted for the benefit of the Luftwaffe.
EPIDEMIC JAUNDICE EXPERIMENTS:
Schreiber, a member of Handloser's staff, who presided over a conference held in Breslau in June 1944 for the purpose of coordinating Jaundice research, assigned groups of physicians to work together on jaundice problems. Dohmen, Gutzeit and Haagen were assigned to one of these groups. On 27 June 1944 Haagen, a Luftwaffe officer, wrote his collaborater Kalk, a consultant to Schroeder, asking, "Could you in your official position take the necessary steps to obtain the required experimental subjects?"
The record shows that Haagen subsequently conducted epidemic jaundice experiments on prisoners at Natzweiler Concentration Camp. There is no evidence, however, to establish Schroeder's criminal connection with these experiments. At most all that can be said for this evidence is that Schroeder may have gained knowledge of the experiments through Kalk, a member of his staff -- but even that fact has not been made plain.
FREEZING EXPERIMENTS:
Freezing experiments were carried out at Dachau Concentration Camp for the benefit of the Luftwaffe, during the year 1942. Details of these experiments are discussed elsewhere in this Judgment.
It is conclusively shown from the evidence dealing with freezing that as early as the year 1943 Schroeder had actual knowledge that such experiments had been conducted upon inmates at Dachau Concentration Camp, during the course of which suffering and deaths had resulted to the experimental subjects.
TYPHUS EXPERIMENTS:
Experiments in connection with typhus were conducted at Schirmeck and Natzweiler Concentration Camps during the years 1942, 1943, and 1944. The details of these experiments are discussed elsewhere in this judgment.
The experiments were carried out by a Luftwaffe Medical Officer, Prof. Dr. Haagen. As a medical officer of the Luftwaffe he was subject to Schroeder's orders after the latter became Chief of the Medical Service of the Luftwaffe. The office of Schroeder issued and approved the research assignments pursuant to which these experiments were carried out. It provided the funds for the research. One of the Chief collaborators in the program was the defendant Rose, Consultant to the Chief of the Medical Service of the Luftwaffe.
Correspondence was carried on between Haagen and the Chief of Staff for the defendant Schroeder with reference to whether a typhus epidemic prevailing at Natzweiler was connected in any manner with the vaccine research then being conducted. The office of the Chief of the Medical Service of the Luftwaffe received reports on the experiments from which it could be clearly perceived that vaccine experiments were being performed on concentration camp inmates.
While the experiments were in progress Schroeder admits having visited Haagen at Strasbourg, but denies that he talked with Haagen about the experiments. The defendant's assertion that the experiments were not discussed does not carry conviction.
As has been pointed out in this judgment the law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war.
This rule is applicable to the case of Schroeder. At the time he became Chief of the Medical Service of the Luftwaffe Schroeder knew of the fact that freezing experiments for the benefit of the Luftwaffe had been carried out at Dachau Concentration camp by Luftwaffe Medical officers.
He knew that through these experiments injury and death had resulted to the experimental subjects. He also knew that during the years 1942 and 1943 typhus vaccine research had been carried out by the Luftwaffe officer, Haagen, for the benefit of the Luftwaffe Medical Service, at Natzweiler and Schirmeck Concentration Camps -and had he taken the trouble to inquire, he could have known that deaths had occurred as a result of these experiments.
With all this knowledge, or means of knowledge, before him as commanding officer, he blindly approved a continuation of typhus research by Haagen, supported the program, and was furnished reports of its progress, without so much as taking one step to determine the circumstances under which the research had been or was being carried on, to lay down rules for the conduct of present or future research by his subordinates, or to prescribe the conditions under which the concentration camp inmates could be used as experimental subjects.
As was the case with reference to the freezing experiments at Dachau, non-German nationals were used as experimental subjects, none gave their consent, and many suffered injury and death as a result of the experiments.
GAS EXPERIMENTS:
Experiments with various types of poison gas were performed by Luftwaffe Officer Haagen and a Prof. Dr. Hirt in the Natzweiler Concentration Camp. They began in November 1942 and were conducted through the summer of 1944. During this period a great many concentration camp inmates of Russian, Polish and Czech nationality were experimented on with gas, at least 50 of whom died. A certain Oberarzt Wimmer, a Staff Physician of the Luftwaffe, worked with Hirt on the gas experiments throughout the period.
We discussed the duty which rests upon a commanding officer to take appropriate measures to control his subordinates, in dealing with the case of Handloser. We shall not repeat what we said there.
Had Schroeder adopted the measures which the law of war imposes upon one in position of command to prevent the actions of his subordinates amounting to violations of the law of war, the deaths of the nonGerman nationals involved in the gas experiments might well have been prevented.
SEAWATER EXPERIMENTS:
Seawater experiments were conducted on inmates of Dachau Concentration Camp during the late Spring and Summer of 1944. The defendant Schroeder openly admits that these experiments were conducted by his authority. When on the witness stand he related the circumstances under which these experiments were initiated and carried through to completion.
As related by Schroeder the experiment on making seawater drinkable was a problem of great importance. Two methods were available in Germany, each of which to some extent had been previously tried, both on animal and on human subjects. These were known as the Schaefer and the Berkatit processes. Use of the Schaefer Method on seawater produced a satisfactory liquid essentially the same in its effects and as to potability as ordinary pure drinking water.
The Schaefer Process, however, called for quantities of silver which were thought to be unavailable. Use of the Berka process, however, resulted merely in changing the taste of seawater, thus making it more palatable, without at the same time doing away with danger to health and life which always results from consuming considerable quantities of untreated seawater. Materials were available for the Berka Process, but Schroeder did not feel that it could be adopted until more was know of the method. At Schroeder's direction, the defendant Becker-Freyseng arranged for a conference to be held at the German Air Ministry in May 1944 to discuss the problem. Present at the conference, among others, were Berka and the defendants BeckerFreyseng and Schaefer.
There is no doubt that the conference was well informed, and discussed all current data upon the subject.
Such fact appears from the minutes of the meeting, in which it is stated?
"...Captain (Med.) Dr. Becker-Freyseng reported on the clinical experiments conducted by Colonel (Med.) Dr. von Sirany, and came to the final conclusion that he did not consider them as being unobjectionable and conclusive enough for a final decision. The Chief of the Medical Service is convinced that, if the Berka method is used damage to health has to be expected not later than 6 days after taking Berkatit, which damage will result in permanent injuries to health and -- according to the opinion of N.C.O. (Med.) Dr. Schaefer-will finally result in death after not later than 12 days. External symptoms are to be expected such as dehydration, diarrhea, convulsions, hallucination, and finally death."
It was concluded at this meeting that it would be necessary to perform further seawater experiments upon human beings in order to determine definitely whether or not the Berkatit Method of treating sea water could be safely employed and used in connection with the German war effort. These experiments were planned to be carried on in group series; each of which would require six days, and would be made upon human beings in this order: one group would be supplied only with Berkatit treated sea water; a second group would receive no water of any kind; the fourth group was to be given such water as was generally provided in emergency sea distress kits, then used by German military personnel.
In addition to the first experiment it was agreed that a second experiment should be conducted. The notes of the meeting which deal with the second experimental series read as follows:
"Persons nourished with sea water and Berkatit, and as diet also the emergency sea rations.
"Duration of experiments: 12 days "Since in the opinion of the Chief of the Medical service, permanent injuries to health, that is, the death of the experimental subjects, has to be expected, as experimental subjects such persons should be used as will be put at the disposal by the Reichfuehrer SS."
On 7 June 1944 Schroeder wrote to Himmler through Grawitz asking for concentration camp inmates to be used as subjects in the sea water experiments, which letter reads in part as follows:
"Highly Respected Reich Minister:
"Earlier already you made it possible for the Luftwaffe to settle urgent medical matters through experiments on human beings. Today again, I stand before a decision which, after numerous experiments on animals as well as human experiments on voluntary experimental subjects, demands a final solution: The Luftwaffe has simultaneously developed two methods for making seawater potable. The one method, developed by a Medical Officer, removes the salt from the seawater and transforms it into real drinking water; the second method, suggested by an engineer, leaves the salt content unchanged, and only removes the unpleasant taste from the sea water. The latter method in contrast to the first, required no critical raw material. From the medical point of view this method must be viewed critically, as the administration of concentrated salt solutions can produce severe symptoms of poisoning.
"As the experiments on human beings could thus far only be carried out for a period of four days, and as practical demands require a remedy for those who are in distress at sea up to 12 days, appropriate experiments are necessary.
"Required are 40 healthy test subjects, who must be available for 4 whole weeks. As it is known from previous experiments that necessary laboratories exist in the concentration Camp Dachau, this camp would be very suitable..."
Various other parties took part in correspondence upon this application, one of the writers suggesting that Jews or persons held in quarantine be used as experimental subjects. Another correspondent nominated a social gypsy half-breeds as candidates for the treatment. Herr Himmler decided that gypsies, plus three others for control purposes, should be utilized.
In fairness to the defendant it should be stated that he contests the translation of the second sentence in the first paragraph of the letter written by him to Himmler, which the prosecution interprets as meaning that experiments could no longer be conducted on voluntary subjects, and that the words "demands a final solution" meant that involuntary subjects in concentration camps should be employed. Regardless of whether or not the letter quoted by us is a correct translation of the German original, the evidence shows that within a month after the letter was sent to Himmler through Grawitz seawater experiments were commenced at Dachau by the defendant Beiglboeck.
The method by which the experimental subjects were chosen is not known to the defendant Schroeder. As he explained from the witness stand with reference to his letter and the subsequent procedure: "I sent it away only after I had consulted the possibility of the experiment with Grawitz. And after I had informed him how the whole thing was thought by us so that he could pass on this information to Himmler in case it became necessary. Then this letter was sent off, and after possibly four weeks when Beiglboeck had arrived at Dachau-in the meantime he was given an opportunity to carry out this work. Whatever lay in between that, how in the administrative way this was organized, we never learned... it was an inter-office affair... We only saw the initial point and the end point of this route."
Thus began another experiment conducted under the auspices of the defendant Schroeder, wherein the initiator of the experiment failed to exercise the personal duty of determining that only consenting human subjects would be used, but left that responsibility to others. Again is demonstrated the case of an officer in a position of superior command who authorizes the performance of experiments by his subordinates while failing to take efforts to prescribe the conditions which will insure the conduct of the experiments within legally permissible limits.
The evidence shows conclusively that gypsies of various nationalities were used as experimental subjects. Former inmates of Auschwitz Concentration Camp were tricked into coming to Dachau with the promise that they were to be used as members of a labor battalion. When they arrived at Dachau they were assigned to the seawater experimental station without their consent. During the course of the experiment many of them suffered intense physical and mental anguish.
The Tribunal finds that the defendant Schroder was responsible for, aided and abetted, and took a consenting part in, medical experiments performed on non-German nationals against their consent; in the course of which experiments deaths, brutalities, cruelties, tortures, and other inhumane acts were committed on the experimental subjects. To the extent that these experiments did not constitute War Crimes they constitute Crimes against Humanity.
CONCLUSION Military Tribunal I finds and adjudges the defendant Oskar Schroeder guilty under Counts two and three of the Indictment.
THE PRESIDENT: The Tribunal will now be in recess until 1:30 o'clock.
(A recess was taken until 1330 o'clock.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours.)
THE MARSHAL: Persone in the court room will please find their seats.
The Tribunal is again in session.
THE PRESIDENT: In reading the judgment of the morning session, dur to an error in preparing the master copy, a paragraph was omitted from page 36, being the last page of the discussion of the defendant, Handloser - I should have said it was omitted from page 71, instead of page 36. We will now read the paragraph there, following the words: "To the extent that the crimes committed by or under his authority were not war crimes, they were crimes against humanity." I shall now read the paragraph:
"The evidence conslusively shows that the German word 'fleck fieber', as translated in the indictment as 'spotted fever', is more correctly translated by 'typhus'. This is admitted, and in this judgment, in accord with the evidence, we use the word 'typhus' instead of 'spotted fever'.
We shall now proceed with the reading of the judgment in connection with the defendant, Genzken?
GENZKEN The defendant Genzken is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, Sulfanilamide, Spotted Fever, Poison, and Incendiary Bomb experiments.
The Prosecution has abandoned the two latter charges and, hence, they will not be considered further. The defendant is also charged under Count Four of the Indictment with membership, after 1 September 1939, in an organization declared criminal by the Judgment of the International Military Tribunal -
namely, the SS.
Genzken was commissioned in the Medical Service of the German Navy in 1912 and served through the first World War in that capacity. From 1919 to 1934, he engaged in the private practice of medicine. He joined the NSDAP in 1926, and in October 1934 he was again commissioned as a reserve officer of the Naval Medical Department. On 1 March 1936 he was transferred to the Medical Department of the SS, with the rank of Major, and assigned to the Medical Department of a branch of the SS which in the summer of 1940 became the Waffen-SS. He served as Chief Surgeon of the SS Hospital in Berlin and was Director of the department charged with supplying medical equipment and with the supervision of medical personnel in concentration camps. He was also Medical Supervisor to Eicke, the head of all the concentration camps, which were within Genzken's jurisdiction insofar as medical matters were concerned. In May 1940 Genzken was appointed Chief of the Medical Office of the Waffen-SS with the rank of Senior Colonel, Grawitz being his medical superior. He retained this position until the close of the War. In 1942 he was designated as Chief of the Medical Service of the Waffen-SS, Division D of the SS Operational Headquarters. On 30 January 1943 he was appointed Gruppenfuehrer and Generalleutnant in the Waffen-SS.
SULFANILAMIDE EXPERIMENTS:
The Sulfanilamide experiments referred to in the Indictment were conducted by the defendants Gebhardt, Fischer and Oberhauser at Ravensbrueck Concentration Camp between 20 July 1942 and August 1943.
During this period of time, four of the medical branches of the Waffen-SS were under Genzken, including Office XVI, Hygiene, of which the defendant Mrugowsky was chief.
It is submitted by the Prosecution that the evidence proves Mrugowsky to have given support and assistance to these experiments, and that, consequently, Genzken becomes criminally liable because of the position of command he held over Mrugowsky. It is also urged that because Genzken attended the meeting in Berlin at which Gebhardt and Fischer gave their lecture on the experiments, that this likewise shows criminal connection.
That Mrugowsky rendered assistance to Gebhardt in the Sulfanilamide experiments at Ravensbrueck is clearly proven. Mrugowsky put his laboratory and co-workers at Gebhardt's disposal. He furnished the bacterial cultures for the infections. He conferred with Gebhardt about the medical problems involved. It was on the suggestion of Mrugowsky's office that wood shavings and ground glass were placed in artificially inflicted wounds made on the subjects so that battlefield wounds would be more closely simulated. It also appears that Blumenreuter, who was the Chief of Office XV under Genzken's direction, may have furthered the experiments by furnishing surgical instruments and medicines to Gebhardt.
The Tribunal finds that Genzken was not present at the Berlin meeting.
Although Mrugowsky and Blumenreuter may have aided Gebhardt in his experiments, the Prosecution has failed to show that it was done with Genzken's direction or knowledge.
The Prosecution, therefore, has failed to sustain the burden with regard to this particular specification.
TYPHUS EXPERIMENTS:
The series of experiments which are the subject of this specification were conducted at Buchenwald Concentration Camp and began in January 1942. SS Hauptsturmfuehrer Dr. Ding, who was attached to the Hygiene Institute of the Waffen-SS, was in charge of these experiments - with the defendant HOVEN serving as his deputy.
Until 1 September 1943 both Mrugowsky, the Chief of the Hygiene Institute, and Ding were subordinate to Genzken. Until the date last mentioned the chain of military command in the field of hygiene and research was as follows: Himmler - Grawitz Genzken - Mrugowsky - Ding.
Prior to 1939 Ding had been camp physician at Buchenwald, and as such was subordinate to Genzken. During the early months of the war Genzken served as an Army surgeon in the field - Ding being his adjutant. During the fall of 1941, Ding returned to Buchenwald and Genzken to his office at Berlin. During their service in the field Genzken and Ding had become warm personal friends. Ding was attached to the Hygiene Institute of the Waffen-SS and was engaged in Typhus research for the Institute. Genzken testified that Mrugowsky and the Hygiene Institute were in his chain of command prior to 31 August 1943. He further testified that after the date last mentioned has office had nothing to do with Ding save to provide money for Ding's expenses, there being no other budget from which money was available.
Mrugowsky testified that Genzken was his superior officer until 1 September 1943, and knew that the Hygiene Institute was working on the problem of providing an efficient vaccine against Typhus. It is admitted that Ding was carrying out medical experiments on concentration camp inmates in order to determine the effect of various Typhus vaccines.
It is not contended that such experiments were not carried out. In the course of these experiments two buildings or "blocks" were used. The experiments were conducted in Block 46, and when a satisfactory vaccine was decided upon, Block 5C was used for the preparation of vaccines.
During the course of the experiments with vaccines in March 1942 Ding himself contracted Typhus. Genzken testified that he was aware of the fact that concentration camp inmates were subjected to experiments, but stated that he was not advised as to the method of experimentation.
It is clear that the experiments necessary to decide upon a satisfactory vaccine preceded by a considerable period the production of the vaccine. Genzken testified that vaccine production began in December 1943, that the production establishment only moved into Block 50 in the middle of August, and that when production actually began "This establishment had already come under the agency of Grawitz and it was not subordinated any more" to him.
Under date of 9 January 1943 the Ding Diary contains a lengthy entry stating that by Genzken's order the Typhus research station became the "Department of Typhus and Virus Research," that Dr. Ding would be head of this department, and that during his absence defendant Hoven would act in his place.
The entry further stated that Ding was appointed Chief Department Head for special missions in hygiene, etc. The Ding Diary is discussed elsewhere in this Judgment. Considering the demonstrated desire of Ding for his personal aggrandizement, this entry is not entitled to entire credit, as written. It refers to Genzken as "Major General" - which rank he did not receive until a few weeks after 9 January 1943. The entry, however, has some probative value upon the question of Ding's status during the year 1943.
Genzken testified that he "approved" the establishment of Ding's department for vaccine research. He also testified that his department furnished necessary funds from its budget for Ding's investigations.
From the evidence it appears that prior to 1 September 1943, Mrugowsky reported regularly to Genzken, on an average of once per week, either orally or in writing.
Under date 5 May 1942 Mrugowsky signed a written report upon the subject, "Testing Typhus Vaccines." This report went to six different offices; the first copy, to Conti; the second copy, to Grawitz; and the third copy, to Genzken. The report commences: "The tests of four Typhus vaccines made by us on human subjects at the instigation of the Reich Health Leader Dr. CONTI had the following results..." It is stated that the Mortality of victims of typhus during an epidemic "was around 30 per cent" and that "during the same epidemic four groups of experimental subject were vaccinated with one each" of the four types of vaccine described in the beginning of the report.
"The experimental subjects were mostly in their twenties and thirties. Care was taken when selecting them that they did not come from typhus districts and also to ensure an interval of four to six weeks between the protective vaccination and the outbreak of the clinical symptoms of the disease. According to experience this period is imperative to achieve immunity."
The effects of the four vaccines tested were described as follows. The report on the Weigl vaccine states that "nobody died". The report on the Gildemeister and Haagen vaccine also states that no deaths occurred. The report on the Behring normal vaccine states that one person died. The experiment with the Behring-strong vaccine reports one death.
The last paragraph of the report states: "In the last two groups the symptoms were considerably stronger than in the first groups.... No difference between the two vaccines of the Behring Works was observed. The attending physicians stated that the general picture of the disease in group four was rather more severe compared with that of the patients of group three."
In a summation, Mrugowsky recommended the use of a vaccine "produced according to the chicken egg process, which, in its immunization effect, is equal to the vaccine after Weigl.
"The effectiveness of protection depends on "the method used in making the vaccine."
Of course, experiments with vaccines, conducted because of the urgent need for the discovery of a protective vaccine, would lead to scant results unless the subjects vaccinates were subsequently in some way effectively exposed to typhus, thereby demonstrating the effectiveness or non-effectiveness of the vaccination. While Mrugowsky's report, above referred to, makes no reference to an artificial infection, it does state without further explanation that two deaths occurred, and in the last paragraph, quoted above, compares the severity of "the disease" between groups 3 and 4.
On cross-examination Mrugowsky testified that Dr. Ding was to lecture at a meeting of Consulting Surgeons in the spring of 1943 and that the witness informed Genzken concerning "the intended amount of vaccines to be produced by the SS." Mrugowsky testified that he have Genzken this information for three reasons: first, that Genzken had to be advised of the fact that Ding, as a member of the Waffen-SS, was to give a lecture to the surgeons; second, that Genzken should be informed concerning "the effectiveness of a number of vaccines to be used for troops;" third, that Genzken should know when he could expect the first production of vaccines for the SS and the amounts he could count on for each month, Mrugowsky further testified:
"The conference with Dr. Genzken was extremely brief. As far as I remember we were standing close to his desk. I told him that the various vaccines which I mentioned to him had a different "effect; I told him that the effect varied as to the length of the temperature and a reduction of fatalities; and I told him that after having vaccinated the entire SS we could count on some protective effect for all soldiers.
On that occasion I showed him a few charts which Ding had handed over to me at that time, the same charts, which Ding reproduced in his paper, and I used these charts in order to explain the effectiveness of the vaccines to him.
Q. "The mortality figures and the temperature figures could be derived from these charts, couldn't they?
A. "Yes, If I remember correctly, on the heading of these charts the information was given what day of the infection was. This entire conference was very brief and it is quite possible that Dr. Genzken - who was only concerned with the most important points which he had to know - it is quite possible that he overlooked that. I had no cause to point it out to him in particular since I was not reporting to him about Ding's series of experiments but was only reporting to him about the protective value of various vaccines which he, as medical chief, had to know. These were two completely different points of view."
The Tribunal is convinced that prior to 1 September 1343, Genzken knew the nature and scope of the activities of his subordinates, Mrugowsky and Ding, in the field of typhus research; yet he did nothing to insure that such research would be conducted within permissible legal limits. He knew that concentration camp inmates were being subjected to cruel medical experiments in the course of which deaths were occurring; yet he took no steps to ascertain the status of the subjects or the circumstances under which they were being sent to the experimental block.
Had he made the slightest inquiry he would have discovered that many of the human subjects used were non-German nationals who had not given their consent to the experiments.
As the Tribunal has already pointed out in this Judgment, "the duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs, or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity."
We find that Genzken, in his official capacity, was responsible for, aided and abetted the Typhus experiments, performed on non-German nationals against their consent, in the course of which deaths occurred as a result of the treatment received. To the extent that these experiments did not constitute War Crimes they constituted Crimes against Humanity.
MEMBERSHIP IN CRIMINAL ORGANIZATION:
Under Court Four of the indictment Genzken is charged with being a member of an organization declared criminal by the Judgment of the International Military Tribunal, namely, the SS. The evidence shows that Genzken became a member of the SS on 1 March 1936 and voluntarily remained in that organization until the end of the war. As a high-ranking member of the Medical Service of the Waffen-SS he was criminally implicated in the commission of War Crimes and Crimes against Humanity, as charged under Counts Two and Three of the Indictment.
CONCLUSION Military Tribunal I finds and adjudges the defendant Earl Genzken guilty under Counts Two, Three, and Four of the Indictment.
THE PRESIDENT: Judge Sebring will continue reading the judgment.
THE CASE GEBHARDT The defendant Gebhardt is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, High Altitude, Freezing, Malaria, Lost Gas, Sulfanilamide, Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea Water, Epidemic Jaundice, Sterilization, Spotted Fever, Poison, and Incentiary Bomb experiments.
The defendant Gebhardt held positions of great power and responsibility in the medical service of the SS in Nazi Germany. He joined the NSDAP in 1933 and the SS at least as early as 1935. He took part in the Nazi Putsch of 1923, which aimed at the overthrow of the so-called. Weimar Republic, the democratic government of Germany, being then a member of the illegal Free Corps, "Bund Oberland." When, in 1933, the hospital at Hohenlychen was founded Gebhardt was appointed Chief Physician of this institution. In 1938 he became the attending physician to Himmler. He was also personal physician to Himmler and his family. In 1940 Gebhardt was appointed Consulting Surgeon of the Waffen-SS and, in 1943, Chief Clinical Officer (Oberster Kliniker) of the Reichsarzt-SS and Police Grawitz.