Chapter I: Preface

In April 1949, judgment was rendered in the last of the series of 12 Nuernberg war crimes trials which had begun in October 1946 and were held pursuant to Allied Control Council Law No. 10. Far from being of concern solely to lawyers, these trials are of especial interest to soldiers, historians, students of international affairs, and others. The defendants in these proceedings, charged with war crimes and other offenses against international penal law, were prominent figures in Hitler’s Germany and included such outstanding diplomats and politicians as the State Secretary of the Foreign Office, von Weizsaecker, and cabinet ministers von Krosigk and Lammers; military leaders such as Field Marshals von Leeb, List, and von Kuechler; SS leaders such as Ohlendorf, Pohl, and Hildebrandt; industrialists such as Flick, Alfried Krupp, and the directors of I. G. Farben; and leading professional men such as the famous physician Gerhard Rose, and the jurist and Acting Minister of Justice, Schlegelberger.

In view of the weight of the accusations and the far-flung activities of the defendants, and the extraordinary amount of official contemporaneous German documents introduced in evidence, the records of these trials constitute a major source of historical material covering many events of the fateful years 1933 (and even earlier) to 1945, in Germany and elsewhere in Europe.

The Nuernberg trials under Law No. 10 were carried out under the direct authority of the Allied Control Council, as manifested in that law, which authorized the establishment of the Tribunals. The judicial machinery for the trials, including the Military Tribunals and the Office, Chief of Counsel for War Crimes, was prescribed by Military Government Ordinance No. 7 and was part of the occupation administration for the American zone, the Office of Military Government (OMGUS). Law No. 10, Ordinance No. 7, and other basic jurisdictional or administrative documents are printed in full hereinafter.

The proceedings in these trials were conducted throughout in the German and English languages, and were recorded in full by stenographic notes, and by electrical sound recording of all oral proceedings. The 12 cases required over 1,200 days of court proceedings and the transcript of these proceedings exceeds 330,000 pages, exclusive of hundreds of document books, briefs, etc. Publication of all of this material, accordingly, was quite unfeasible. This series, however, contains the indictments, judgments, and other important portions of the record of the 12 cases, and it is believed that these materials give a fair picture of the trials, and as full and illuminating a picture as is possible within the space available. Copies of the entire record of the trials are available in the Library of Congress, the National Archives, and elsewhere.

In some cases, due to time limitations, errors of one sort or another have crept into the translations which were available to the Tribunal. In other cases the same document appears in different trials, or even at different parts of the same trial, with variations in translation. For the most part these inconsistencies have been allowed to remain and only such errors as might cause misunderstanding have been corrected.

Volume I and part of Volume II of this series are dedicated to the first of the twelve cases, _United States vs. Karl Brandt, et al._ (Case No. 1). This trial has become known as the Medical Case, because 20 of the 23 defendants were doctors, and the charges related principally to medical experimentation on human beings. The remainder of Volume II is devoted to the trial of former Field Marshal Erhard Milch, who was also charged with criminal responsibilities for medical experimentation on human beings (of which charge he was acquitted), and with responsibility for the deportation to forced labor of numerous civilians, in violation of the laws of war (of which charge he was convicted).

CONTENTS

Preface III Trials of War Criminals before Nuernberg Military Tribunals VII Declaration on German Atrocities VIII Executive Order 9547 IX London Agreement of 8 August 1945 IX Charter of The International Military Tribunal XI Control Council Law No. 10 XVI Executive Order 9679 XX General Orders Number 301, Hq. USFET, 24 October 1946 XX Military Government—Germany, United States Zone, Ordinance No. 7 XXI Military Government—Germany, Ordinance No. 11 XXVI Officials of the Office of the Secretary General XXVIII

“_The Medical Case_”

Introduction 3
Order Constituting Tribunal I 5
Members of the Tribunal 6
Prosecution Counsel 7
Defense Counsel 7
I. Indictment 8
II. Arraignment 18
III. Statement of the Tribunal on the Order of Trial and Rules of
Procedure, 9 December 1946 24
IV. Opening Statement of the Prosecution by Brigadier General
Telford Taylor, 9 December 1946 27
V. Introductory Statement on the Presentation of Evidence Made by
the Prosecution, 10 December 1946 75
VI. Organization of the German Medical Services 81
VII. Extracts from Argumentation and Evidence of Prosecution and
Defense 92
A. Medical Experiments 92
1. High-altitude Experiments 92
2. Freezing Experiments 198
3. Malaria Experiments 278
4. Lost (Mustard) Gas Experiments 314
5. Sulfanilamide Experiments 354
6. Bone, Muscle and Nerve Regeneration, and Bone
Transplantation Experiments 391
7. Sea-water Experiments 418
8. Epidemic Jaundice Experiments 494
9. Typhus and Other Vaccine Experiments 508
10. Experiments with Poison 631
11. Incendiary Bomb Experiments 639
12. Phlegmon Experiments 653
13. Polygal Experiments 669
14. Gas Oedema (Phenol) Experiments 684
15. Experiments for Mass Sterilization 694
B. Jewish Skeleton Collection 738
C. Project to kill Tubercular Polish Nationals 759
D. Euthanasia 794
E. Selections from Photographic Evidence of the Prosecution 897
VIII. Evidence and Arguments on Important Aspects of the Case 909
A. Applicability of Control Council Law No. 10, to offenses
against Germans During the War 909
B. Responsibility of Superiors for Acts of Subordinates 925
C. Responsibility of Subordinates for Acts Carried Out under
Superior Orders 957
D. Status of Occupied Poland under International Law 974
E. Voluntary Participation of Experimental Subjects 980
(Sec. VIII continued in Vol. II)

VOLUME II

VIII. Evidence and Arguments on Important Aspects of the Case
F. Necessity
G. Subjection to Medical Experimentation as Substitute for Penalties
H. Usefulness of the Experiments
I. Medical Ethics
1. General
2. German Medical Profession
3. Medical Experiments in other Countries
IX. Ruling of the Tribunal on Count One of the Indictment
X. Final Plea for Defendant Karl Brandt by Dr. Servatius
XI. Final Statements of the Defendants, 19 July 1947
XII. Judgment
Sentences
XIII. Petitions
XIV. Affirmation of Sentences by the Commander of the U. S. Zone of
Occupation
XV. Supreme Court of the United States Denial of Writs of Habeas Corpus
Appendix
Table of Comparative Ranks
List of Witnesses in Case I
Index

TRIALS OF WAR CRIMINALS BEFORE NUERNBERG MILITARY TRIBUNALS

Case No. _United States against_ _Popular Name_ _Volume No._ 1 Karl Brandt, et al. Medical Case I and II 2 Erhard Milch Milch Case II 3 Josef Altstoetter, et al. Justice Case III 4 Oswald Pohl, et al. Pohl Case V 5 Friedrich Flick, et al. Flick Case VI 6 Carl Krauch, et al. I. G. Farben Case VII and VIII 7 Wilhelm List, et al. Hostage Case XI 8 Ulrich Greifelt, et al. RuSHA Case IV and V 9 Otto Ohlendorf, et al. Einsatzgruppen Case IV 10 Alfred Krupp, et al. Krupp Case IX 11 Ernst von Weizsaecker, et al. Ministries Case XII, XIII, and XIV 12 Wilhelm von Leeb, et al. High Command Case X and XI Procedure XV

DECLARATION ON GERMAN ATROCITIES

[Moscow Declaration]
Released November 1, 1943

THE UNITED KINGDOM, the United States and the Soviet Union have received from many quarters evidence of atrocities, massacres and cold-blooded mass executions which are being perpetrated by the Hitlerite forces in the many countries they have overrun and from which they are now being steadily expelled. The brutalities of Hitlerite domination are no new thing and all the peoples or territories in their grip have suffered from the worst form of government by terror. What is new is that many of these territories are now being redeemed by the advancing armies of the liberating Powers and that in their desperation, the recoiling Hitlerite Huns are redoubling their ruthless cruelties. This is now evidenced with particular clearness by monstrous crimes of the Hitlerites on the territory of the Soviet Union which is being liberated from the Hitlerites, and on French and Italian territory.

Accordingly, the aforesaid three allied Powers, speaking in the interests of the thirty-two [thirty-three] United Nations, hereby solemnly declare and give full warning of their declaration as follows:

At the time of the granting of any armistice to any government which may be set up in Germany, those German officers and men and members of the Nazi party who have been responsible for, or have taken a consenting part in the above atrocities, massacres, and executions, will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free governments which will be created therein. Lists will be compiled in all possible detail from all these countries having regard especially to the invaded parts of the Soviet Union, to Poland and Czechoslovakia, to Yugoslavia and Greece, including Crete and other islands, to Norway, Denmark, the Netherlands, Belgium, Luxemburg, France and Italy.

Thus, the Germans who take part in wholesale shootings of Italian officers or in the execution of French, Dutch, Belgian, or Norwegian hostages or of Cretan peasants, or who have shared in the slaughters inflicted on the people of Poland or in territories of the Soviet Union which are now being swept clear of the enemy, will know that they will be brought back to the scene of their crimes and judged on the spot by the peoples whom they have outraged. Let those who have hitherto not imbrued their hands with innocent blood beware lest they join the ranks of the guilty, for most assuredly the three allied Powers will pursue them to the uttermost ends of the earth and will deliver them to their accusers in order that justice may be done.

The above declaration is without prejudice to the case of the major criminals, whose offences have no particular geographical localisation and who will be punished by the joint decision of the Governments of the Allies.

[Signed]
Roosevelt
Churchill
Stalin

EXECUTIVE ORDER 9547

=Providing for Representation of the United States in Preparing and Prosecuting Charges of Atrocities and War Crimes Against the Leaders of the European Axis Powers and Their Principal Agents and Accessories=

By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitution and statutes of the United States, it is ordered as follows:

1. Associate Justice Robert H. Jackson is hereby designated to act as the Representative of the United States and as its Chief of Counsel in preparing and prosecuting charges of atrocities and war crimes against such of the leaders of the European Axis powers and their principal agents and accessories as the United States may agree with any of the United Nations to bring to trial before an international military tribunal. He shall serve without additional compensation but shall receive such allowance for expenses as may be authorized by the President.

2. The Representative named herein is authorized to select and recommend to the President or to the head of any executive department, independent establishment, or other federal agency necessary personnel to assist in the performance of his duties hereunder. The head of each executive department, independent establishment, and other federal agency is hereby authorized to assist the Representative named herein in the performance of his duties hereunder and to employ such personnel and make such expenditures, within the limits of appropriations now or hereafter available for the purpose, as the Representative named herein may deem necessary to accomplish the purposes of this order, and may make available, assign, or detail for duty with the Representative named herein such members of the armed forces and other personnel as may be requested for such purposes.

3. The Representative named herein is authorized to cooperate with, and receive the assistance of, any foreign Government to the extent deemed necessary by him to accomplish the purposes of this order.

HARRY S. TRUMAN
THE WHITE HOUSE,
_May 2, 1945_.
(F. R. Doc. 45-7256; Filed, May 3, 1945; 10:57 a. m.)

* * * * *

LONDON AGREEMENT OF 8 AUGUST 1945

AGREEMENT by the Government of the UNITED STATES OF AMERICA, the Provisional Government of the FRENCH REPUBLIC, the Government of the =United Kingdom of Great Britain and Northern Ireland= and the Government of the UNION OF SOVIET SOCIALIST REPUBLICS for the Prosecution and Punishment of the MAJOR WAR CRIMINALS of the EUROPEAN AXIS

WHEREAS the United Nations have from time to time made declarations of their intention that War Criminals shall be brought to justice;

AND WHEREAS the Moscow Declaration of the 30th October 1943 on German atrocities in Occupied Europe stated that those German Officers and men and members of the Nazi Party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free Governments that will be created therein;

AND WHEREAS this Declaration was stated to be without prejudice to the case of major criminals whose offenses have no particular geographical location and who will be punished by the Joint decision of the Governments of the Allies;

NOW THEREFORE the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics (hereinafter called “the Signatories”) acting in the interests of all the United Nations and by their representatives duly authorized thereto have concluded this Agreement.

=Article 1.= There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities.

=Article 2.= The constitution, jurisdiction and functions of the International Military Tribunal shall be those set out in the Charter annexed to this Agreement, which Charter shall form an integral part of this Agreement.

=Article 3.= Each of the Signatories shall take the necessary steps to make available for the investigation of the charges and trial the major war criminals detained by them who are to be tried by the International Military Tribunal. The Signatories shall also use their best endeavors to make available for investigation of the charges against and the trial before the International Military Tribunal such of the major war criminals as are not in the territories of any of the Signatories.

=Article 4.= Nothing in this Agreement shall prejudice the provisions established by the Moscow Declaration concerning the return of war criminals to the countries where they committed their crimes.

=Article 5.= Any Government of the United Nations may adhere to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other signatory and adhering Governments of each such adherence.

=Article 6.= Nothing in this Agreement shall prejudice the jurisdiction or the powers of any national or occupation court established or to be established in any allied territory or in Germany for the trial of war criminals.

=Article 7.= This agreement shall come into force on the day of signature and shall remain in force for the period of one year and shall continue thereafter, subject to the right of any Signatory to give, through the diplomatic channel, one month’s notice of intention to terminate it. Such termination shall not prejudice any proceedings already taken or any findings already made in pursuance of this Agreement.

IN WITNESS WHEREOF the Undersigned have signed the present Agreement.

DONE in quadruplicate in London this 8^{th} day of August 1945 each in English, French and Russian, and each text to have equal authenticity.

For the Government of the United States of America

ROBERT H. JACKSON

For the Provisional Government of the French Republic

ROBERT FALCO

For the Government of the United Kingdom of Great Britain and
Northern Ireland

JOWITT, C.

For the Government of the Union of Soviet Socialist Republics

I. NIKITCHENKO
A. TRAININ

CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL