M. DUBOST: Thank you. I have no further questions to put to the witness.

THE PRESIDENT: We will adjourn now for ten minutes.

[_A recess was taken._]

THE PRESIDENT: Do any of the defendants’ counsel want to ask any

questions of this witness?

DR. KAUFFMANN: Are you a specialist in research concerning the

manufacture of vaccines?

BALACHOWSKY: Yes, I am a specialist in matters of research.

DR. KAUFFMANN: According to your opinion, was there any sense in the

treatment to which these people were subjected?

BALACHOWSKY: It had no scientific significance; it only had a practical

purpose. It permitted the verification of the efficacy of certain

products.

DR. KAUFFMANN: You must have your own opinion, as you were in contact

with these men. Did you really see these people?

BALACHOWSKY: I saw these people at very close hand, since in Block 50 I

was in charge of a part of this manufacture of vaccine. Consequently, I

was quite able to realize what kind of experiments were being made in

Block 46 and the reasons for these experiments. Further, I also realized

the almost complete inefficiency of the SS doctors and how easy it was

for us to sabotage the vaccine for the German Army.

DR. KAUFFMANN: Now, these people must have gone through much misery and

suffering before they died.

BALACHOWSKY: These people certainly suffered terribly, especially in the

case of certain experiments.

DR. KAUFFMANN: Can you certify that through your own experience, or is

that just hearsay?

BALACHOWSKY: I saw in Block 50 photographs taken in Block 46 of

phosphorus burns, and it was not necessary to be a specialist to realize

what these patients, whose flesh was burned to the bone, must have

suffered.

DR. KAUFFMANN: Then, your conscience certainly revolted at these things.

BALACHOWSKY: Absolutely.

DR. KAUFFMANN: Well then, I would like to ask you, how your conscience

allowed you to obey orders to help these people in some way?

BALACHOWSKY: That is quite simple. When I arrived at Buchenwald as a

deportee, I did not hide my qualifications. I simply specified that I

was a “laborant”—that is a man who is trained in laboratory work, but

who has no special definite qualification. I was sent to Dora, where the

SS regime made me lose 30 kilos in weight in two months. I became

anaemic . . .

DR. KAUFFMANN: Witness, I am just concerned with Buchenwald. I do not

wish to know anything about Dora. I ask you . . .

BALACHOWSKY: It was the prisoners at Buchenwald who, by their

connections within the camp, were the cause of my return to the

Buchenwald Camp. It was M. Julien Cain, a Frenchman, the Director of the

French National Library, who called my presence to the attention of a

German political prisoner, Walter Kummelschein, who was a secretary in

Block 50. He drew attention to my presence without my knowing it and

without my having spoken in Dora of being a French specialist. That is

the reason why the SS called me back from Dora to work in Block 50.

DR. KAUFFMANN: Please pardon the interruption. We do not wish to

elaborate too much on these matters. I believe everything that you have

just said is true—the reason why you were sent to Dora and why you were

sent back to Buchenwald—but my point is a completely different one. I

would like to ask you once more: You knew that these men were

practically martyrs. Is that correct? Please answer yes or no.

BALACHOWSKY: I will answer the question. When I arrived at Block 50 I

knew nothing, either of the Block 50 or of the experiments. It was only

later when I was in Block 50, that little by little, and through the

acquaintances I was able to make in the block, I found out the details

of the experiments.

DR. KAUFFMANN: Very well. And after you had learned about the details of

the experiments, as you were a doctor, did you not feel great pity for

these poor creatures?

BALACHOWSKY: My pity was very great, but it was not a question of having

pity or not; one had to carry out to the letter the orders that were

given, or be killed.

DR. KAUFFMANN: Very well. Then you are stating that if in any way you

had not followed the orders that you had received you might have been

killed? Is that right?

BALACHOWSKY: There is no doubt about that. On the other hand, my work

consisted in manufacturing vaccine, and neither I nor any other

prisoners in Block 50 could ever enter Block 46 and actually witness

experiments. We knew what went on concerning the experiments only

through the index cards which were sent from Block 46 to be officially

registered in Block 50.

DR. KAUFFMANN: Very well, but I do not think it makes any difference to

one’s conscience whether one sees suffering with one’s own eyes, or

whether one has direct knowledge that in the same camp people are being

murdered in such a way. Now, I come to another question.

THE PRESIDENT: Was that a question you were putting there? Will you

confine yourself to questions.

BALACHOWSKY: I beg your pardon. I should like to answer the last

question.

DR. KAUFFMANN: That was not a question. I will put another question now.

BALACHOWSKY: I should like to reply to this remark then.

DR. KAUFFMANN: I am not interested in your answer.

BALACHOWSKY: I am anxious to give it.

THE PRESIDENT: Answer the question, please.

BALACHOWSKY: Suffering was everywhere in the camps, and not only in the

experimental blocks. It was in the quarantine blocks; it was among all

the men who died every day by the hundreds. Suffering reigned everywhere

in the concentration camps.

DR. KAUFFMANN: Were there any injunctions that there was to be no talk

about these experiments?

BALACHOWSKY: As a rule the experiments were kept absolutely secret. An

indiscreet remark with regard to the experiments might entail immediate

death. I must add that there were very few of us who knew the details of

these experiments.

DR. KAUFFMANN: You mentioned visits to this camp, and you also mentioned

that German Red Cross nurses, and members of the Wehrmacht visited the

camp, and that furloughs were granted to political prisoners. Were you

ever present at one of these visits inside the camp?

BALACHOWSKY: Yes, I was present at the visits inside the camp of which I

spoke.

DR. KAUFFMANN: Did the visitors at this camp see that cardiac injections

were being given? Or did the visitors see that human skin was tanned?

Did those visitors witness any ill-treatment?

BALACHOWSKY: I cannot answer this question in the affirmative, and I can

say only that visitors passed through my block. One had to pass almost

through the entire camp. I do not know where the visitors went either

before or after visiting my block.

DR. KAUFFMANN: Did one of your own comrades tell you perhaps whether the

visitors personally saw these excesses? Yes or no.

BALACHOWSKY: I do not understand the question. Would you mind repeating

it?

DR. KAUFFMANN: Did perhaps one of your comrades tell you that the

visitors at the camp were present at these excesses?

BALACHOWSKY: I never heard that visitors were present at experiments or

witnessed excesses of that kind. The only thing I can say, concerning

the tanned skins is that I saw, with my own eyes, SS noncommissioned

officers or officers—I cannot remember exactly whether they were

officers or noncommissioned officers—come out of Block 2, carrying

tanned skins under their arms. But these were SS men; they were not

visitors to the camp.

DR. KAUFFMANN: Did these visitors, and in particular Red Cross nurses,

know that these experiments were medically completely worthless, or did

they just wish to inspect the laboratories and the equipment?

BALACHOWSKY: I repeat again that these visitors came to my laboratory

section, where they saw what was being done, that is, the sterilized

filling of the phials. I cannot say what they saw before or after. I

know only that these visitors of whom I am speaking, the Luftwaffe

cadets or the Red Cross people, visited the whole installation of the

block. They certainly knew, however, what was the source of this

culture, and that men might be used for experiments, as there were

charts and graphs showing the stages of cultures originating with men;

but it could have been from blood initially taken from typhus patients

and not necessarily from patients artificially inoculated with typhus.

I really think that these visitors did not generally know about the

atrocities in the form of experiments that were being performed in Block

46, but it was impossible for visitors who went into the camp not to see

the horrible conditions in which the prisoners were kept.

DR. KAUFFMANN: Do you perhaps know whether people who received leave,

that is, inmates who temporarily were permitted to leave the camp, were

permitted to speak about their experiences inside the camp and relate

these experiences to the outside world?

BALACHOWSKY: All the concentration camps were, after all, vast transit

camps. The inmates were constantly changing, passing from one camp to

another, coming and going. Consequently there were always new faces. But

most of the time, apart from those whom we knew before our arrest, or a

few other comrades, we knew nothing about those who came and went.

DR. KAUFFMANN: Perhaps I did not express myself clearly. I mean the

following: As you said before, political prisoners were permitted to

leave the camp temporarily from time to time. Did these inmates know

about these excesses, and if they did know, were they permitted to speak

about these experiments in the rest of Germany?

BALACHOWSKY: The political prisoners (very few and all of German

nationality) who ever obtained leave were prisoners whom the SS had

entrusted with important posts in the camp and who had been imprisoned

for at least 10 years in the camp. This was so, for instance, in the

case of Karl, the Kapo, head of the canteen of the Buchenwald Camp, the

canteen of the Waffen SS, who was responsible for the canteen. He was

given a fortnight’s leave to visit his family at his home in the town of

Zeitz. Consequently this Kapo was free for 10 days and was able to tell

his family anything he wanted to; but I do not know, of course, what he

did. What I can say is that obviously he had to be careful. In any case,

the prisoners who were allowed to leave the camp were old inmates, as I

have said, who knew approximately everything that was going on,

including the experiments.

DR. KAUFFMANN: Now, one last question. If I assume that the people you

just described told anything to members of their families, even on the

pledge of secrecy, and the leaders of the camp came to know of these

indiscretions, do you not believe that the death penalty might have been

incurred?

BALACHOWSKY: If there were indiscretions of that kind on the part of the

family (for such indiscretions may be repeated among one’s

acquaintances), or at least, if such indiscretions came to the knowledge

of the SS, it is obvious that those prisoners risked the death penalty.

DR. KAUFFMANN: Thank you very much.

THE PRESIDENT: Is there any other Defense Counsel who wants to ask any

questions?

HERR BABEL: I protest against the prosecutor’s declaration that I tried

to confuse witnesses with my questions. I am not here to worry about the

good opinion or otherwise of the press, but to do my duty as a defense

attorney . . .

THE PRESIDENT: You are going too fast.

HERR BABEL: [_Continuing_] . . . and I am of the opinion that things

should not be made more difficult by anyone taking part in this

Trial—not even the press.

This war has brought me so much misfortune and sorrow that I have no

reason to vindicate anyone who was responsible for this personal

suffering or for the misfortune that fell on all our people. I will not

try to prevent any such person from receiving his proper punishment. I

am concerned only with helping the Tribunal to determine the truth, so

that just sentences may be pronounced, and that innocent people may not

be condemned.

THE PRESIDENT: Kindly resume your seat. It is not fit for you to make a

speech. You have been making a speech, as I understood it; this is not

the occasion for it.

HERR BABEL: I find it necessary because I was not protected against the

Prosecution’s reproach.

[_Herr Babel left the stand to resume his seat._]

THE PRESIDENT: One moment; come back. I do not know what you mean about

not being protected. Well! Listen to me. I don’t know what you mean by

not being protected against the Prosecution. The Prosecution called this

witness and the defendants’ counsel had the fullest opportunity to

cross-examine, and we understood you went to the Tribunal for the

purpose of cross-examining the witness. I do not understand your

protest.

HERR BABEL: Your Honor, unfortunately I do not know the court procedure

customary in England, America, and other countries. According to the

German penal code and to German trial regulations, it is customary that

unjustified and unfounded attacks of this kind made against a

participant of a trial are rejected by the presiding judge. I therefore

expected that perhaps this would be done here too, but as it did not

happen, I took the occasion to. . . . If by doing so, I violated the

rules of court procedure, I beg to be excused.

THE PRESIDENT: What unjust accusations are you referring to?

HERR BABEL: The Prosecuting Attorney implied that I put questions to

witnesses calculated to confuse them, in order to prevent the witnesses

from testifying in a proper manner. This is an accusation against the

Defense which is an insult to us, at least to myself—I do not know what

the attitude of the other Defense Counsel is.

THE PRESIDENT: I am afraid I do not understand what you mean.

HERR BABEL: Your Honor, I am sorry. I think I cannot convince you as you

probably do not know this aspect of German mentality, for our German

regulations are entirely different. I do not wish to reproach our

President in any way. I merely wanted to point out that I consider this

accusation unjust and that I reject it.

THE PRESIDENT: Dr. Babel, I understand you are saying that the

Prosecuting Attorney said something to you? Now, what is it you say the

Prosecuting Attorney said to you?

HERR BABEL: The Prosecuting Attorney said that I wanted to confuse

witnesses by my questions and, in my opinion that means I am doing

something improper. I am not here to confuse witnesses, but to assist

the Court to find the truth, and this cannot be done by confusing the

witnesses.

THE PRESIDENT: I understand now. I do not think that the Prosecuting

Attorney meant to make accusations against your professional conduct at

all. If that is only what you wish to say, I quite understand the point

you wish to make. Do you want to ask this witness any questions?

HERR BABEL: Yes, I have one question. [_Turning to the witness_] You

testified that weapons, 50 guns, if I understood correctly, were brought

into either Block 46 or 50. Who brought these weapons in?

BALACHOWSKY: We, the prisoners, brought them in and hid them.

HERR BABEL: For what purpose?

BALACHOWSKY: To save our skins.

HERR BABEL: I did not understand you.

BALACHOWSKY: I said that we hid these guns because we meant to sell our

lives dearly at the last moment—that is, to defend ourselves to the

death rather than be exterminated, as were most of our comrades in the

camps, with flame-throwers and machine guns. In that case we would have

defended ourselves with the guns we had hidden.

HERR BABEL: You said “we prisoners”; who were these prisoners?

BALACHOWSKY: The internees inside the camp.

HERR BABEL: What internees?

BALACHOWSKY: We, the political prisoners.

HERR BABEL: They were supposed to have been mostly German concentration

camp prisoners?

BALACHOWSKY: They were of all nationalities. Unknown to the SS, there

was an international secret defense organization with shock battalions

within the camp.

HERR BABEL: There were German concentration camp prisoners who wanted to

help you?

BALACHOWSKY: German prisoners also belonged to these shock

battalions—German political prisoners, and in particular former German

Communists who had been imprisoned for 10 years and who were of great

help towards the end.

HERR BABEL: Very well, that’s what I wanted to know. Then, with the

exception of the criminal who wore the green triangle, you and the other

inmates, even these of German origin, were on friendly terms and helped

each other; is that right?

BALACHOWSKY: The question of the “greens” did not arise, because the SS

evacuated the “greens” in the last few days before the liberation of the

camp. They exterminated most of them; in any case they left the camp,

and we do not know what became of them. No doubt some are still hiding

among the German population.

HERR BABEL: My question did not refer to those with the green badges,

but to your relations with the German political prisoners.

BALACHOWSKY: The political prisoners, whether they were German, French,

Russian, Dutch, Belgian or from Luxembourg, formed inside the camp

secret shock battalions which took up arms at the last minute, and took

part in the liberation of the camp. The arms that were hidden came from

the Gustloff armament factory, which was located near the camp. These

arms were stolen by the workers employed in this factory, who every day

brought back with them either a butt hidden in their clothes, or a gun

barrel, or a breech. And, in secret, with much difficulty, the guns were

assembled from the different pieces and hidden. These were the guns we

used in the last days of the camp.

HERR BABEL: Thank you. I have no further questions.

THE PRESIDENT: Does any other German counsel wish to ask questions? Have

you any questions, M. Dubost?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 277 / 333 题