HERMANN BECKER-FREYSENG: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
HERMANN BECKER-FREYSENG: Yes.
THE PRESIDENT: You may be seated. Georg August Weltz. Is you name Geog August Weltz?
GEORG AUGUST WELTZ: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
GEORG AUGUST WELTZ: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
GEORG AUGUST WELTZ: Not Guilty.
THE PRESIDENT: You may be seated. Konrad Schaefer.
KONRAD SCHAEFER: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
KONRAD SCHAEFER: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
KONRAD SCHAEFER: I plead Not Guilty.
THE PRESIDENT: Waldemar Hoven. Is your name Waldemar Hoven?
WALDEMAR HOVEN: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
WALDEMAR HOVEN: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
WALDEMAR HOVEN: Yes.
THE PRESIDENT: You may be seated. Wilhelm Beiglbock. Is your name Wilhelm Beiglbock?
WILHELM BEIGLBOCK: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
WILHELM BEIGLBOCK: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
WILHELM BEIGLBOCK: I plead Not Guilty.
THE PRESIDENT: Adolf Pokorny. Is your name Adolf Pokorny?
ADOLF POKORNY: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
ADOLF POKORNY: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
ADOLF POKORNY: Nor Guilty.
THE PRESIDENT: Herta Oberhauser. Is your name Herta Oberhauser?
HERTA OBERHAUSER: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
HERTA OBERHAUSER: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
HERTA OBERHAUSER: Not Guilty.
THE PRESIDENT: You may be seated. Fritz Fischer. Is you name Fritz Fischer?
FRITZ FISCHER: Yes.
THE PRESIDENT: Have you received and have you had an opportunity to read the indictment filed against you?
FRITZ FISCHER: Yes.
THE PRESIDENT: Have you entered your plea of Not Guilty to this indictment and do you now plead Not Guilty to this indictment?
FRITZ FISCHER: Yes, Not Guilty.
THE PRESIDENT: The Secretary General will note the questions and answers propounded to the defendants.
THE PRESIDENT: I have a statement which I desire to make for the benefit of the prosecution, defendants, and all concerned: Before opening the trial of Case No. 1, the United States of America against Karl Brandt, et al, there are certain matters which the Tribunal desires to call to the attention of the counsel for the prosecution and the counsel for the defendants.
1. The prosecution may be allowed, for the purpose of making the opening statement in this case, time not to exceed one trial day. This time may be allocated by the chief prosecutor, between himself and any of his assistants, as he desires.
2. When the prosecution has rested its case, defense counsel will be allowed two trial days in which to make their opening statements, and which will comprehend the entire theory of their respective defenses. The time allocated will be divided between the different defense counsel, as they may themselves agree. In the event the defense counsel cannot agree, the Tribunal will allocate the time, not to exceed thirty minutes to each defendant.
3. The prosecution shall, not less than twenty-four hours, before it desires to offer any record or document or writing in evidence, as part of its case in chief, file with the defense information center not less than one copy of such record, document or writing for each of the counsel for defendants, such copies to be in the German language. The prosecution shall also deliver to the defense information center at least four copies thereof in the English language.
4. When the prosecution or any defendant offers a record, document or any other writing or a copy thereof in evidence there shall be delivered to the Secretary General in addition to the original document or other instrument in writing so offered for admission in evidence, six copies of the document. If the document is written or printed in a language other than English there shall also be filed with the copies of the document above referred to six copies of an English translation of the document. If such document is offered by any defendant suitable facilities for procuring English translations of that document shall be made available.
5. At least twenty-four hours before a witness is called to the stand either by the prosecution or by any defendant, the party who desired to interrogate the witness shall deliver to the Secretary General an original and six copies of a memorandum which shall disclose: 1. The name of the witness. 2. His nationality, 3. His residence or station. 4. His official rank or position. 5. Whether he is called as an expert witness or as a witness to testify to facts, and if the latter, a prepared statement of the subject matter on which the witness will be interrogated. When the prosecution prepares such a statement in connection with the witness who it desires to call, at the time of the filing of this statement, two additional copies thereof shall be delivered to the defense information center. When a defendant prepares such a statement concerning a witness who it desires to call, the defendant shall at the same time the copies are filed with the Secretary General, deliver one additional copy to the prosecution.
6. When either the prosecution or a defendant desires the Tribunal to take judicial notice of any official Government documents or reports of the United Nations, including any action, ruling or regulation of any Committee, Board, or Counsel, heretofore established by or in the Allied Nations for the investigation of War Crimes or any record made by or the findings of any Military or other Tribunal, this Tribunal may refuse to take judicial notice of such documents, rules, or regulations, unless the party proposing, ask this Tribunal to judicially notice such documents, rules, or regulations, place a copy thereof in writing before the Tribunal.
This Tribunal has learned with satisfaction of the procedure adopted by the prosecution with the intention to furnish to the defense counsel information concerning the writings or documents which the prosecution expects to offer in evidence for the purpose of affording the defense counsel information to help them prepare their respective defense to the indictments. The desire of the Tribunal is that this be made available to the defendants so as to aid them in the presentation of their respective defense.
The United States of America having established this Military Tribunal One, pursuant to law, through properly empowered Military authorities, and the defendants having been brought before Military Tribunal One, pursuant to indictments filed October 25, 1946, in the Office of the Secretary General of the Military Tribunal at Nurnberg, Germany, by an officer of the United States Army, regularly designated as Chief of Counsel for War Crimes, acting on behalf of the United States of America, pursuant to appropriate Military authority, and the indictments having been served upon each defendant for more than thirty days prior to this date, and a copy of the indictments in the German language having been furnished to each defendant, and having been in his possession more than thirty days, and each defendant having had ample opportunity to read the indictments, and having regularly entered his plea of not guilty to the indictments the Tribunal is ready to proceed with the trial.
This Tribunal will conduct the trial in accordance with controlling laws, rules, and regulations, and with due regard to appropriate precedence in a sincere endeavor to insure both to the prosecution and to each and every defendant an opportunity to present all evidence of an appropriate value bearing upon the issues before the Tribunal; to this end, that under law and pending regulations impartial justice may be accomplished.
The trial, of course, will be a public trial, not one behind closed doors; but because of limited facilities available the Tribunal must insist that the number of spectators be limited to the seating capacity of the court room. Passes will therefore be issued by the appropriate authorities to those who may enter the court room. The Tribunal will insist that good order be at all times maintained, and appropriate measures will be taken to see that this rule is strictly enforced.
For the information of all concerned, the Tribunal announces that hearings will be had each day this week commencing at 9.30 o'clock through Friday. The Tribunal will reconvene at 9.30 o'clock, Monday December 16, 1946, and will hold sessions every day of that week including Saturday, on which day, however, the Tribunal will recess until 9.30 o'clock, Thursday, January 2, 1947, on which day the Tribunal will convene at the usual time.
I should have stated that on Saturday of next week the Tribunal will recess at 12:30 o'clock.
The Prosecution may now commence its opening statement.
GENERAL TELFORD TAYLOR: The defendants in this case are charged with murders, tortures, and other atrocities committed in the name of medical science. The victims of these crimes are numbered in the hundred of thousands. A handful only are still alive; a few of the survivors will appear in this courtroom. But most of these miserable victims were slaughtered outright or died in the course of the tortures to which they were subjected.
For the most part they are nameless dead. To their murderers, these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. They were 200 Jews in good physical condition, 50 Gypsies, 500 tubercular Poles, or 1,000 Russians. The victims of these crimes are numbered among the anonymous millions who met death at the hands of the Nazis and whose fate is a hideous blot on the page of modern history.
The charges against these defendants are brought in the name of the United States of America. They are being tried by a court of American judges. The responsibilities thus imposed upon the representatives of the United States, prosecutors and judges alike, are grave and unusual. They are owed not only to the victims, and to the parents and children of the victims, that just punishment be imposed on the guilty, and not only to the defendants, that they be accorded a fair hearing and decision. Such responsibilities are the ordinary burden of any tribunal. Far wider are the duties which we must fulfill here.
These larger obligations run to the peoples and races on whom the scourge of these crimes was laid. The mere punishment of the defendants, or even of thousands of others equally guilty, can never redress the terrible injuries which the Nazis visited on these unfortunate peoples. For them it is far more important that these incredible events be established by clear and public proof, so that no one can ever doubt that they were fact and not fable, and that this Court, as the agent of the United States and as the voice of humanity, stamp these acts, and the ideas which engendered them, as barbarous and criminal.
We have still other responsibilities here. The defendants in the dock are charged with murder, but this is no mere murder trial. We cannot rest content when we have shown that crimes were committed and that certain persons committed them.
To kill, to maim, and to torture is criminal under all modern systems of law. These defendants did not kill in hot blood, nor for personal enrichment. Some of them may be sadists, who killed and tortured for sport, but they are not all perverts. They are not ignorant men. Most of them are trained physicians and some of them are distinguished scientists. Yet these defendants, all of whom were fully able to comprehend the nature of their acts, and most of whom were exceptionally qualified to form a moral and professional judgment in this respect, are responsible for wholesale murder and unspeakably cruel tortures.
It is our deep obligation to all peoples of the world to show why and how these things happened. It is incumbent upon us to set forth with conspicuous clarity the ideas and motives which moved these defendants to treat their fellow men as less than beasts. The perverse thoughts and distorted concepts which brought about these savageries are not dead. They cannot be killed by force of arms. They must not become a spreading cancer in the breast of humanity. They must be cut out and exposed, for the reason so well stated by Mr. Justice Jackson in this courtroom a year ago:
"The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating that civilization cannot tolerate their being ignored because it cannot survive their being repeated."
To the German people we owe a special responsibility in these proceedings. Under the leadership of the Nazis and their war lords, the German nation spread death and devastation throughout Europe. This the Germans now know. So, too, do do they know the consequences to Germany. Defeat, ruin, prostration, and utter demoralization. Most German children will never, so long as they live, see an undamaged German city.
To what cause will these children ascribe the defeat of the German nation and the devastation that surrounds them? Will they attribute it to the overwhelming weight of numbers and resources that was eventually leagued against them? Will they point to the ingenuity of enemy scientists? Will they perhaps blame their plight on strategic and military blunders by their generals?
If the Germans embrace those reasons as the true cause of their disaster, it will be sad and fatal thing for Germany and for the world. Men who have never seen a German city intact will be callous about flattening English or American or Russian cities. They may not even realize that they are destroying anything worth while, for lack of a normal sense of values.
To reestablish the greatness of Germany, they are likely to pin their faith on improved military techniques. Such views will lead the Germans straight into the arms of the Prussian militarists to whom defeat is only a glorious opportunity to start a new war game. "Next time it will be different." We know all too well what that will mean.
This case, and others which will be tried in this building offer a signal opportunity to lay before the German people the true cause of their present misery. The walls and towers and churches of Nurnberg were, indeed, reduced to rubble by Allied bombs, but in a deeper sense Nurnberg had been destroyed a decade earlier, when it became the seat of the annual Nazi Party rallies, a focal point for the moral disintegration in Germany, and the private domain of Julius Streicher. The insane and malignant doctrines that Nurnberg spewed forth account alike for the crimes of these defendants and for the terrible fate of Germany under the Third Reich.
A nation which deliberately infects itself with poison will inevitably sicken and die. These defendants and others turned Germany into an infernal combination of a lunatic asylum and a charnel house. Neither science, nor industry, nor the arts could flourish in such a foul medium. The country could not live at peace and was fatally handicapped for war. I do not think the German people have as yet any conception of how deeply the criminal folly that was Nazism bit into every phase of German life, or of how utterly ravaging the consequences were. It will be our task to make these things clear.
These are the high purposes which justify the establishment of extraordinary courts to hear and determine this case and other of comparable importance. That murder should be punished goes without the saying, but the full performance of our task requires more than the just sentencing of these defendants. Their crimes were the inevitable result of the sinister doctrines which they espoused, and these same doctrines sealed the fate of Germany, shattered Europe, and left the world in ferment. Wherever those doctrines may emerge and prevail, the same terrible consequences will follow. That is why a bold and lucid consummation of these proceedings is of vital importance to all nations. That is why the United States has constituted this Tribunal.
THE STATE MEDICAL SERVICES OF THE THIRD REICH I pass now to the facts of the case in hand.
There are twenty three defendants in the box. All but three of them -- Rudolf Brandt, Sievers, and Brack -- are doctors. Of the twenty-doctors, all but one--Pokorny--held positions in the medical services of the Third Reich. To understand this case, it is necessary to understand the general structure of these state medical services, and how these services fitted into the over-all organization of the Nazi State.
To assist the Court in this regard, the prosecution has prepared a short expository brief, which is already in the hands of the Court and which has been made available to defense counsel in German and English. The brief includes a glossary of the more frequent German words or expressions which will occur in this trial-most of them from the vocabulary of military, medical, or governmental affairs. It also includes a table of equivalent ranks between the American Army and the German Army and the SS and of the medical ranks used in the German armed forces and the SS. Finally, it includes a chart showing the subordination of the several German medical services within the general framework of the German State. This chart has been enlarged and is displayed at the front of the courtroom.
Following this opening statement, Mr. McHaney will, in opening the presentation of evidence on behalf of the prosecution, offer in evidence a series of detailed charts of the various German medical services, which have been certified as accurate by the defendants Handloser, Schroeder, Karl Brandt, Mrugowsky, and Brack. The chart which I am now directing to the attention of the Tribunal is a composite chart based upon those which Mr. McHaney will offer in evidence. The chart in the front of the courtroom to which I now referring will not be offered in evidence; it is intended merely as a convenient guide to the Court and to defense counsel to enable them to follow the opening statement and to comprehend the over-all structure of the German medical services.
All power in the Third Reich derived from Adolf Hitler, who as at one and the same time the head of the government, the leader of the Nazi Party, and the commander-in-chief of the armed forces. Hit title as head of the government was Reich Chancellor. He was the "Fuehrer" of the Nazi Party, and the "Supreme Commander-in-Chief" of the Wehrmacht. Immediately subordinate to Hitler were the chiefs of the armed forces, the principal cabinet ministers in the government, and the leading officials of the Nazi Party. The only defendant in the dock who was directly responsible to Hitler himself is the defendant Karl Brandt.
The Court will observe that the defendants fall into three main groups. Eight of them were members of the medical service of the German Air Force. Seven of them were members of the medical service of the SS. The remaining eight include the defendants Karl Brandt and Handloser, who occupied top positions in the medical hierarchy; it includes the three defendants who are not doctors; the defendant Rostock, who was an immediate subordinate of Karl Brandt; the defendant Blome, a medical official of the Nazi Party; and the defendant Pokorny, whom we have grouped under the SS for reasons which will appear later.
I will deal first with the military side of the case. Hitler, as Supreme Commander-in-Chief of the German armed forces, exercised his authority through a staff called the Supreme Command of the Armed Forces, better known by its German initials, OKW (for Oberkommando der Wehrmacht). The Chief of this staff, throughout the period with which this case will concern itself, was Field Marshal Wilhelm Keitel.
Under the OKW came the Supreme Commands of the three branches of the Wehrmacht-the Navy(OKM), the Army (OKH), and the Air Force (OKL).
Grand Admiral Eric Raeder was the Commander-in-Chief of the German Navy until 1943, when he was succeeded by Grand Admiral Karl Doenitz. Prior to the outbreak of the war, the Commander-in-Chief of the German Army was Field Marshal von Brauchitsch; in December 1941, Brauchitsch was relieved and Hitler himself took this position. Hermann Goering was the Commander-in-Chief of the German Air Force with the rank of Reichsmarshall, until the very last month of the war.
Each of the three branches of the Wehrmacht had its own medical service. For purposes of this case, the medical service of the Navy is not of much importance. During most of the war the defendant Handloser was the chief of the medical service of the German Army; in 1944 he was succeeded in this capacity by Dr. Walther. The chief of the medical service of the German Air Force until 1943 was Dr. Erich Hippke; from January, 1944 until the end of the war, it was the defendant Schroeder. Subordinate to the defendant Schroeder are seven other defendants from the Air Force medical service, whose functions I will briefly describe later on.
I turn now to the second principal group of defendants -- those affiliated with the SS. The SS was nominally a part of the Nazi Party, and came under Hitler in his capacity as Fuehrer of the NSDAP. In fact, during the years of the Nazi regime, the SS expanded into a vast complex of military, police, and intelligence organizations. The head of this extraordinary combine was Heinrich Himmler, with the title of Reichsfuehrer SS. The SS had its own medical service, headed by Grawitz, who bore the title Reich Physician SS.
The SS, in turn was divided into many departments, of which one of the most important was the Armed or Waffen SS. The members of the Waffen SS were trained and equipped as regular troops, were formed into regular military formations, and fought at the front side by side with the troops of the Wehrmacht. By the end of the war there were some thirty SS Divisions in the line. The head of the medical services of the Waffen SS was the defendant Genzken.
Six other defendants were members of the SS medical service and therefore subordinated to Grawitz.
The German civilian medical services derived their authority both from the German government and from the Party. The medical chief on the civilian side was Dr. Leonardo Conti, who committed suicide in October 1945. Dr. Conti occupied the position of Secretary of State for Health in the Reich Ministry of the Interior. In this capacity, Conti was a subordinate of the Minister of the Interior, Dr. Wilhelm Frick, until 1943 and thereafter to Heinrich Himmler, who assumed the additional duties of Minister of the Interior in that year.
Conti also held the title in the Nazi Party of Reich Health Leader. His deputy in this capacity was the defendant Blome. As Reich Health Leader, Conti was subordinate to the Nazi Party Chancery, the chief of which was Martin Bormann.
As the Court will see from the chart, the three principal people in the hierarchy of German state health and medicine are the defendants Karl Brandt and Handloser, and the deceased Dr. Conti. In July 1942, Hitler issued a decree, a copy of which will later be read before the Court, which established the defendant Handloser as chief of the medical services of the Wehrmacht. Shown on the chart here Handloser's name appears in this capacity. Handloser was given supervisory and professional authority over the medical services of all three branches of the Wehrmacht. Inasmuch as the Waffen SS came to constitute an important part of the armed forces. Handloser's supervisory authority also extended to the defendant Genzken, Chief of the Medical Services of the Waffen SS. In this position Handloser was charged with the coordination of all common tasks of the medical services of the Wehrmacht and the Waffen SS. He thus became the principal figure in German military medicine, just as Dr. Conti was the central figure in the field of civilian medicine.
Handloser and Conti, as will be seen from the chart were not directly responsible to Hitler himself. Handloser's responsibility ran to Hitler through the OKW and Conti's through the Ministry of the Interior and the Chief of the Nazi Party Chancery.
In 1942 Hitler for the first time established a medical and health official under his direct control. This official was the defendant Karl Brandt. A Hitler decree of July 1942 gave Brandt the title Plenipotentiary for Health and Medical services, and empowered him to carry out special tasks and negotiations with reference to the requirements for doctors, hospitals, medical supplies, etc., between the military and civilian sectors of the health and sanitation systems. Brandt's role, therefore, was to coordinate the requirements of the military and civilian agencies in the field of medicine and public health.
Dr. Karl Brandt had been the personal physician to Hitler since 1934. He was only 38 years old at the time he assumed the important duties conferred by the 1942 decree. His rise continued.
In September 1943, Hitler issued another decree which gave Brandt the title of General Commissioner for Sanitation and Health and empowered him to coordinates and direct the problems and activities of the entire administration for sanitation and health. This authority was explicitly extended to the field of medical science and research.
Finally, in August 1944, Hitler appointed Dr. Brandt Reichkommissar for Sanitation and Health, and stated that in this capacity Brandt's office ranked as the "highest Reich authority." Brandt was authorized to issue instructions to the medical offices and organizations of the government, to the party, and the armed forces, in the field of sanitation and health.
Karl Brandt, as the supreme medical authority in the Reich, appointed the defendant Paul Rostock as his immediate subordinate to head the Office for Scientific and Medical Research. Rostock's position reached into the activities of the medical societies, the medical colleges, and the Reich Research Council. Brandt also appointed Admiral Fickentscher, who had theretofore been the chief medical officer of the German Navy, as his subordinate to head the Office for Planning and Production. In this field, Fickjentscher dealt with the principal lab authorities, the Ministry of Economics, and the Ministry for Armament and War Production.
As chief of the medical service of the German Air Forces, the defendant Schroeder also held one of the most important positions in the German medical hierarchy. He and the defendant Handloser both held the rank of Generaloberstabs the highest rank in the German medical service and the equivalent of Lieutenant General in the American Army. I do not propose to go into detail concerning the positions held by the seven defendants who were under Schroeder, inasmuch as Mr. McHaney will introduce charts which show in great detail the structure of the German Air Force Medical service, which have been authenticated by the defendant Schroeder himself. The defendant Rose held a high rank in the Air Force medical service equivalent to that of a Brigadier General in the American Army and was appointed special advisor to Schroeder on matters pertaining to tropical medicine held a chair at one of the most important German medical institutes, and is one of the most distinguished scientists in the dock.
The defendant Becker-Freyseng headed Schroeder's department for Aviation Medicine. The defendant Weltz was chief of the Institute for Aviation Medicine at Munich. The particular functions of the defendants Ruff, Romberg, Schaefer, and Beiglbock will appear as we proce** with the presentation of the evidence.
I will likewise passover very briefly the detailed functions of the six SS physicians who were shown on the chart as the subordinates of Grawitz. Detailed charts of the SS medical service, authenticated by the defendant Mrugowsky, will shortly be introduced in evidence. The defendant Gebhardt was Himmler's personal physician and he held a rank in the SS equivalent to that of a Major General in the American Army. He became the President of the German Red Cross. He was the chief surgeon on Grawitz's staff, and also headed the hospital at Hohenlychen, in which capacity the defendants Oberheuser and Fischer were his assistants. The defendant Poppendick was the chief of Grawitz's personal staff. The defendant Mrugowsky was Grawitz's chief hygienist and also headed the Hygienic Institute of the Waffen SS. The defendant Hoven was the chief doctor of the Buchenwald concentration camp.
The defendant Pokorny is a private physician who had no official connection with the government medical service. We have shown him on the chart underneath the group of SS physicians for reasons which will appear in the course of presenting the evidence concerning sterilization experiments (paragraph 6 (I) of the Indictment.
The three defendants who are not doctors are shown in the top righthand corner of the chart. Two of them--Rudolf Brandt and Brack--are administrative officers. Rudolf Brandt had the rank of Colonel in the SS, was sort of personal adjutant, and held an administrative office both in the SS and tho Ministry of the Interior. Viktor Brack was the chief administrative officer in Hitler's personal chancery, the head of which was Phillip Bouhler.
The defendant, Sievers, Who held the rank of Colonel in the SS, is a special case. He was a direct subordinate of Heinrich Himmler in the latter's capacity as President of the so-called "Ahnenerbe" Society. The name of this society literally means "ancestral heritage", and it was originally devoted to scientific and psuedo-scientific researches concerning the anthropological and cultural history of the German race. Later on, an Institute for Military Scientific Research was set up within the Ahnenerbe Society. Sievers was the manager of the Society and the director of the Institute for Military Scientific Research.
This concludes the general description of the German state medical service under the Nazi regime, and of the positions which the defendants occupied in the scheme of things. It is convenient at this point to refer to Count Four of the Indictment, which charges that ten of the defendants were members of an organiza declared to be criminal by the International Military Tribunal, and that such membership is in violation of paragraph 1 (d) of Article II of Control Council La No. 10. The organization in question is the SS.
This Count concerns the defendant Karl Brandt, six of the defendants who were affiliated with the medical service of the SS, and three defendants who are not doctors. It does not concern any of the nine defendants on the military side nor the defendants, Rostock, Blome, Oberheuser, or Pokorny.
The International Military Tribunal's declaration of criminality applies all persons who had been officially accepted as members of any branch of the SS and who remained members after September 1, 1939. The prosecution will show that all ten defendants charged in Count Four were officially accepted as members of the SS and remained so after that date. The defendants, Karl Brandt, Genzken, and Gebhardt held ranks in both the general or Allgemeine SS and the Waffen SS equivalent to that of a Major General in the American Army. The defendants, Mrugowsky, Hoven, Poppendick, and Fischer all held officer rank in the SS or Waffen SS, and all four of them, together with the defendants Genzken and Gebhardt, held position in the SS medical service. The defendant Rudolf Brandt held the rank of Colonel in the general (Allgemeine) SS, and was a personal assistant to Himmler in Himmler', capacity as Reichsfuehrer SS. The defendant Brack held officer rank in both the SS and the Waffen SS. The defendant Sievers held the rank of Colonel in the SS, was manager of the Ahnenerbe Society, which was attached to the SS Main Office.
The declaration of criminality by the International Military Tribunal does not apply when it appears that a member of the SS was drafted into membership in such a way as to give him no choice in the matter.
Nor does it apply if it appear that the member had no knowledge that the organization was being used for the commission of criminal acts. For purposes of this case, these questions, the prosecution believes, will be academic. All of the defendants charged in Count Fourtheld officer rank in the SS, and most of them held senior rank. They were moving spirits and personal participants in murder and torture on a large scale, and in a variety of other crimes. In this connection, we respectfully invite the Tribunal's attention to two statements by the International Military Tribunal which, under Article X of Ordinance No. 7, constitute proof in the absence of substantial new evidence to the contrary. In setting forth the criminal acts committed by the SS, the International Military Tribunal stated (pp. 16952-53 of the Official Transcript):
"Also attached to the SS main offices was a research foundation known as the Experiments Ahnenerbe. The scientists attached to this organization are stated to have been mainly honorary members of the SS. During the war an institute for military scientific research became attached to the Ahnenerbe which conducted extensive experiments involving the use of living human beings."
And again it was stated (p.16955 of the Transcript):
"In connection with the administration of the concentration camps, the SS embarked on a series of experiments on human beings which were performed on prisoners of war or concentration camp inmates. These experiments included freezing to death, and killing by poison bullets. The SS was able to obtain an allocation of Government funds for this kind of research on the grounds that they had access to human material not available to other agencies."
CRIMES COMMITTED IN THE GUISE OF SCIENTIFIC RESEARCH (Counts Two and Three, Paragraphs 6, 7, 11 and 12) I turn now to the main part of the Indictment and will outline at this point the prosecution's case relating to those crimed alleged to have been comm in the name of medical or scientific research.
The charges with respect to "euthanasia" and the slaughter of tubercular Polesobviously have no relation to research or experimentation and will be dealt with later. What I will cover now comprehends all the experiments charged as war crimes in Paragraph 6 and as crime against humanity in Paragraph 11 of the Indictment, and the murders committed so-called anthropological purposes which are charged as war crimes in Paragraph and as crimes against humanity in Paragraph 12 of the indictment.
Before taking up these experiments one by one, let us look at them as a wh*** Are they a heterogeneous list of horrors, or is there a common denominator for the whole group?
A sort of rough pattern is apparent on the face of the Indictment. Experiment concerning high altitude, the effect of cold, and the potability of processed s** water have an obvious relation to aeronautical and naval combat and rescue problem The mustard gas and phosphorous burn experiments, as well as those relating to healing value of sulfanilimide for wounds, can be related to air-raid and battle field medical problems. It is well known that malaria, epidemic jaundice, and typhus (spotted fever) were among the principal diseases which had to be combattby the German armed forces and by German authorities in occupied territories.
To some degree, the therapeutic pattern outlined above is undoubtedly a valid one, and explains why the Wehrmacht, and especially the German Air Forces, participated in these experiments. Fanatically bent upon conquest, utterly ruthless as to the means or instruments to be used in achieving victory, and callous to the sufferings of people whom they regarded as inferior, the German militarist were willing to gather whatever scientific fruit these experiments might yield.
But our proof will show that a quite different and even more sinister objective runs like a red thread through these hideous researches. We will show them in some instances, the true object of these experiments was not how to rescue or to cure, but how to destroy and kill. The sterilization experiments were, it is clear, purely destructive in purpose. The prisoners at Buchenwald who were shot with poisoned bullets were not guinea pigs to test an antidote for the poison; their murderers really wanted to know how quickly the poison would kill. This destructive objective is not superficially as apparent in the other experiments, but we will show that it was often there.
Mankind has not heretofore felt the need of a word to denominate the science of how must rapidly to kill prisoners and subjugated people in large numbers. The case and these defendants have created this gruesome question for the lexicographer. For the moment, we will christen this macabre science "thanatology", the science of producing death. The thanatological knowledge, derived in part from these experiments, supplied the techniques for genocide, a policy of the Third Reich exemplified in the "euthenasia" program and in the widespread slaughter of Jews, gypsies, Poles and Russians. This policy of mass extermination could not have been so effectively carried out without the active participation of German medical scientists.
I will now take up the experiments themselves. Two or three of them I will describe more fully, but most of them will be treated in summary fashion, as Mr McHaney will be presenting detailed proof of each of them.
Next is sub-paragraph "A", High altitude experiments.
The experiments known as "high altitude" or "low pressure" experiments were carried out at the Dachau concentration camp in 1942. According to the proof, the original proposal that such experiments be carried out on human beings originated in the spring of 1941 with a Dr. Sigmund Rascher. Rascher was at that time a captain in the medical service of the German Air Force, and also held officer ra** in the SS. He is believed now to be dead.
The origin of the idea is revealed in a letter which Rascher wrote to Himmler in May 1941 at which time Rascher was taking a course in aviation medicine at a German Air Force Headquarters in Munich. According to the letter, this course included researches into high altitude flying and "considerable regret was expressed at the fact that no tests with human material had yet been possible for us, as such experiments are very dangerous and nobody volunteers for them."
Rascher, in this letter, went on to ask Himmler to put human subjects at his disposal and baldly stated that the experiments might result in death to the subject but that the tests theretofore made with monkeys had not been satisfactory.
Rascher's letter was answered by Himmler's adjutant, the defendant, Rudolf Brandt, who informed Rascher that:
"Prisoners will, of course, gladly be made available for the high flight researches."
Subsequently, Rascher wrote directly to Rudolf Brandt asking for permission to carry out the experiments at the Dachau concentration camp, and he mentioned that the German Air Force had provided "a movable pressure chamber" in which the experiments might be made. Plans for carrying out the experiments were developed at a conference late in 1941 or early in 1942 attended by Dr. Rascher and by the defendants Weltz, Romberg, and Ruff, all of whom were members of the German Air Force medical service. The tests themselves were carried out in the spring and summer of 1942, using the pressure chamber which the German Air Force had provide. The victims were locked in the low pressure chamber, which was an airtight balllike compartment, and then the pressure in the chamber was altered to simulate the atmospheric conditions prevailing at extremely high altitudes. The pressure in the chamber could be varied with great rapidity, which permitted the defendants to to duplicate the atmospheric conditions which an aviator might encounter in falling great distances through space without a parachute and without oxygen.
The reports, conclusions, and comments on these experiments, which were introduced here and carefully recorded, demonstrate complete disregard for human life and callousness to suffering and pain. These documents reveal at one and the same time the medical results of the experiments, and the degradation of the physicians who performed them. The first report by Rascher was made in April, 1942, and contains a description of the effect of the low pressure chamber on a 37-year old Jew. I quote:
"The third experiment of this type took such an extra-ordinary course that I called an SS physician of the camp as witness, since I had worked on these experiments all by myself. It was a continuous experiment without oxygen at a height of 12 km conducted on a 37-year old Jew in good general condition. Breathing continued up to 30 minutes. After 4 minutes the experimental subject began to perspire and wiggle his head, after 5 minutes cramps occurred, between 6 and 10 minutes breathing increased in speed and the experimental subject became unconscious; from 11 to 30 minutes breathing slowed down to three breaths per minute, finally stopping altogether.
"Severest cyanosis developed in between and foam appeared at the mouth.
"At five minute intervals electrocardiograms from 3 leads were written. After breathing had stopped Ekg (electrocardiogram) was continuously written until the action of the heart had come to a complete standstill. About 1/2 hour after breathing had stopped, dissection was started."