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.
In the AllgemeineSS Gebhardt attained the rank of a Gruppenfuehrer (Major General), and in the Waffen-SS the rank of Major General in the Reserve.
SULFANILAMIDE EXPERIMENTS:
The purpose for which these experiments were undertaken is defined in Counts Two and Three and the Indictment.
In the Ravensbruck Concentration Camp during a period from 20 July 1942 until August 1943 the defendant Gebhardt, aided by defendants Fischer and Oberheuser, performed such experiments upon human subjects without their consent. Gebhardt personally requested Heinrich Himmler's permission to carry out these experiments, and he attempted to assume full responsibility for them and for any consequences resulting therefrom. He himself personally carried out the initial operations.
While it is not deemed strictly necessary in this Judgment to describe in any detail the procedure followed in performing these experiments, a brief statement will now be made thereon. The experimental subjects consisted of 15 male concentration camp inmates used during preliminary experiments in July 1942, but later 60 Polich women, who were experimented on in 5 groups of 12 subjects each.
In the first series of experiments the healthy subjects were infected with various bacteria, but resulting infections were not thereafter considered sufficiently serious to furnish an answer to the problem sought to be solved and further experiments wore then undertaken.
Dr. Gebhardt has admitted that in the 2nd series of experiments 3 of the experimental subjects died as a result of the treatment they received. All of these subjects were persons who had been selected by the concentration camp authorities and who were not consulted as to their consent or willingness to participate. Notwithstanding this, however, the experimental subjects protested against experiments both orally and in writing, stating that they would have preferred death to continued experiments since they were convinced that they would die in any event.
An examination of the evidence presented to this Tribunal in connection with Sulfanilamide experiments performed upon unwilling and non-consenting concentration camp inmates indicates conclusively, that participating human subjects wore used under duress and coercion in experiments performed upon their bodies; that persons acting as subjects incurred and suffered physical torture and the risk of death; that in the experiments here discussed at least five deaths of subjects were caused therefrom.
It is claimed by Dr. Gebhardt that all of the non-German experimental subjects were selected from inmates of concentration camps, former members of the Polish resistance movement, who had previously been condemned to death and were in any event marked for legal execution. This is not recognized as a valid defense to the charge of the indictment.
The Polish women who were used in the experiments had not given their consent to become experimental subjects. That fact was known to Gebhardt. The evidence conclusively shows that they had been confined at Ravensbruck without so much as a semblance of trial.
That fact could have been known to Gebhardt had he made the slightest inquiry of them concerning their status. Moreover, assuming for the moment that they had been condemned to death for acts considered hostile to the German forces in the occupied territory of Poland these persons still w re entitled to the protection of the laws of civilized nations. While under certain specific conditions the rules of land warfare may recognize the validity of an execution of spies, war rebels, or other resistance workers, it does not under any circumstances countenance the infliction of death or other punishment by maining or torture.
BONE, MUSCLE AND NERVE REGENERATION AND BONE TRANSPLANTATION EXPERIMENTS:
These experiments were carried out in Ravensbruck Concentration Camp during the same time, and on the same group of Polish women used in the sulfanilamide experiments. Upon these Polish inmates three kinds of cone operations were performed -- artificially induced fractures, bone transplantations, bone splints the conditions of the operations being specially created in each particular case. Some girls were required to submit to operations several times. In one instance small pieces of fibulare were taken out; in another instance the periosteum of the leg was removed. Cases occurred where subjects were experimented on by deliberately fracturing their limbs in several places and testing the effect of certain treatments. In at least one case bone incisions were performed on a subject six different times. In another case the shoulder blade of a subject was removed.
Further recital of these activities is as unnecessary as ware the operations themselves. The testimony heard and exhibits filed and examined by the Tribunal conclusively sustain the allegations of the Indictment with reference to the experiments mentioned therein.
SEPSIS (PHLEGMONE) EXPERIMENTS:
A witness whose testimony must be accepted as credible testified concerning these experiments in which concentration camp inmates were used without their consent and were thereafter infected with pus. He testified as to at least two series of experiments which resulted fatally for 12 of the subjects.
The Prosecution claims, and it is likely that these biochemical experiments which were performed in the Dachau Concentration Camp were complementary to and formed parts of the Sulfanilamide experiments in Ravensbrueck, sponsored by the defendant Gebhardt. The evidence, however, is not sufficient to establish the criminal connection of Gebhardt with these experiments.
SEA WATER EXPERIMENTS:
Dr. Gebhardt's position, which has been mentioned in this Judgment as that of an official and personal associate of Heinrich Himmler part of whose duties concerned concentration camp medical experiments, was partially defined by an order issued by Himmler 15 May 1944 directing that an opinion from Gebhardt would be required before any experiments thereafter could be carried out on such human subjects. This order stated that all medical experiments to be carried out at the concentration camps had to have Himmler's personal approval. It appears, however, that while the applications for permission to carry out experiments involving human subjects was required to be obtained from Himmler yet before such application could be examined a critical opinion of the chief clinical officer of the SS, Dr. Gebhardt, concerning its technical aspects was required to accompany it. Complying with this order Gebhardt, in reference to Sea Water experiments, wrote: "I deem it absolutely right to support the Luftwaffe in every way and to place a general physician of the Waffen-SS at his disposal to supervise the experiments." (Pro. 31) This alone is deemed to be sufficient to show that Dr. Gebhardt knew about, and approved, the performance of the Sea Water experiments as charged in the Indictment.
STERILIZATION EXPERIMENTS:
Details of the sterilization experiments will be dealt with elsewhere in this Judgment; and it is unnecessary to repeat them here, except to the extent necessary to inquire the part, if any, taken by Gebhardt therein.
On 7 and 6 July 1942 a conference took place between Himmler, Gebhardt SS-Brigadefuehrer Gluecks, and SS-Brigadefuehrer Clauberg, to discuss the sterilization of Jewesses. Dr. Clauberg was promised that the Auschwitz Concentration Camp would be placed at his disposed for experiments on human beings and animals, and he was requested to discover by means of fundamental experiments a method of sterilizing persons without their knowledge. During the course of the conference Himmler called the special attention of all present "to the fact that the matter involved was most secret and should be discussed only with the officers in charge and that the persons present at the experiments or discussions had to pledge secrecy."
From this evidence it is apparent that Gebhardt was present at the initial meeting which launched at least one phase of the sterilization program in the concentration camps and thus had knowledge and gave at least passive approval to the program.
HIGH ALTITUDE, FREEZING, MALARIA, LOST GAS, EPIDEMIC JAUNDICE, SPOTTED FEVER, POISON, AND INCENDIARY BOMB EXPERIMENTS:
Details as to the origin of and procedure followed in these experiments are discussed elsewhere in this Judgment, and will not be repeated. Our only concern is to determine to what extent, if any, the defendant Gebhardt took part in the experiments.
In these enterprises the defendant seems not to have taken any active part, as he did in the sulfanilamide experiments and in other programs.
It may be argued that his close connection with Heinrich Himmler creates a presumption that these experiments were conducted with Gebhardt's knowledge and approval. Be that as it may, no sufficient evidence to that effect has been presented, and a mere presumption is not enough in this case to convict the defendant.
Attention has been given to the brief filed by counsel for the defendant Gebhardt. For the most part it is unnecessary to discuss the theories presented in this brief, for the reason that the main reliance of the defendant seems to be that in his connection with the experiments charged in the Indictment, Dr. Gebhardt acted as a soldier in the execution of orders from an authorized superior. We can not see the applicability of the doctrine of superior orders as a defense to the charges contained in the Indictment. Such doctrine has never been held applicable to a case where the one to whom the order is given has free latitude of decision whether to accept the order or reject it. Such was the situation with reference to Gebhardt. The record makes it manifestly plain that he was not ordered to perform the experiments, but that he sought the opportunity to do so. Particularly is this true with reference to the sulfanilamide experiments: Gebhardt, in effect, took them away from Grawitz to demonstrate that certain surgical procedures advocated by him at the bedside of the mortally wounded Heydrich at Prague in May of 1942 were scientifically and surgically superior to the methods of treatment proposed by Dr. Morell, Hitler's personal physician. The doctrine, therefore, is not applicable. But even if it were, the fact of such orders could merely be considered, under Control Council Law No. 10, as palliating punishment.
Another argument presented in briefs of counsel attempts to ground itself upon the debatable proposition that in the broad interest of alleviating human suffering, a State may legally provide for medical experiments to be carried out on prisoners condemned to death without their consent, even though such experiments may involve great suffering or death for the experimental subject.
Whatever may be the right of a State with reference to its own citizens, it is certain that such legislation may not be extended so as to permit the practice upon nationals of other countries who, held in the most abject servitude, are subjected to experiments without their consent and under the most brutal and senseless conditions.
We find that Gebhardt, in his official capacity, 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 deaths, maiming, and other inhumane treatment resulted to the experimental subjects. To the extent that these experiments did not constitute War Crimes they constituted Crimes against Humanity.
MEMBERSHIP IN CRIMINAL ORGANIZATION:
Under Count Four of the Indictment Gebhardt 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 Gebhardt became a member of the SS at least as early as 1933 and voluntarily remained in that organization until the end of the war. As one of the most influential members 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 Karl Gebhardt guilty under Counts Two, Three and Four of the Indictment.
THE CASE BLOME The defendant Blome is charged under Counts Two and Three or the Indictment with personal responsibility for, and participation in Malaria, Lost Gas, and Sulfanilamide experiments; the extermination of tubercular Poles; and the execution of the euthanasia program.
Proof has also been adduced for the purpose of showing that he participated in the freezing, bacteriological warfare, and blood coagulation experiments.
The charge with reference to sulfanilamide experiments has been abandoned by the Prosecution and hence will not be considered further.
The defendant Blome studied medicine at Goettingen and received his medical degree in 1920. From 1924 to 1934 he engaged in private practice. In the later years he was summoned to Berlin where, in 1935, he reorganized the German Medical educational system. He also acted as adjutant in the central office of the German Red Cross and as Business Manager of the German Physician's Association, which position he held until the end of World War II. In 1938 he became President of the Bureau of the Academy for International Medical Education. From 1939 on Blome acted as deputy for Dr. Leonardo Conti who was leader of the German Physician's Association, Head of the Main Office for Public Health of the Party, and Leader of the National Socialist Physician' Association. In 1941 he became a member of the Reich Research Council, and in 1943 was appointed Plenipotentiary for Cancer Research, connected with the Research Commission for Protection against biological warfare.
Blome joined the SA in 1931 and became the Chief Medical Officer of the SA in the province of Mecklenburg. In 1934 he was appointed a province office leader, and in the SA he attained a rank equivalent to the one of Major General. In 1943 he was awarded the highest decoration of the Nazi Party.
As Plenipotentiary for Cancer Research, it was his duty to determine which re search problems should be studied and to assign such problems to scientists best fitted to investigate them.
FREEZING EXPERIMENTS:
The Prosecution argues that Blome is criminally responsible for participation in the freezing experiments as charged in the Indictment. In the sub-paragraph, which particularly refers to freezing, Blome is not named among the defendants charged with special responsibility for the experiments. Moreover, the record does not contain evidence which shows beyond a reasonable doubt that Blome bore any responsible part in the conduct of the freezing experiments.
MALARIA EXPERIMENTS:
The evidence is insufficient to disclose any criminal, responsibility of the defendant in connection with the malaria experiments.
LOST GAS EXPERIMENTS:
The evidence is insufficient to disclose any criminal responsibility of the defendant in connection with these experiments.
EXTERMINATION OF TUBERCULAR POLES: The basis for the Prosecution's case against the defendant in this regard is to be found in a series of letters with reference to the tuberculosis menace in the Reichsgau Wartheland, which had been overrun by the German Reich and settled by its citizens.
During the year 1941 the German Government began a program of extermination of the Jewish population of the Eastern occupied territories. On 1 May 1942 Greiser, the German Military Governor of Reichsgau Wartheland, wrote Himmler advising him that as to the 100, 000 Jews in the district, the "special treatment approved by Himmler was about completed." The letter then continued:
".... I ask you for permission to rescue the district immediately after the measures taken against the Jews from a menace which is increasing week by week, and use the existing and efficient special commandos for that purpose.
There are about 230,000 people of Polish nationality in my district who were diagnosed to suffer from tuberculosis. The number....