A. SULFANILAMIDE EXPERIMENTS

Experiments to test the effectiveness of sulfanilamide on infections

were conducted in the Ravensbrueck concentration camp from 20 July 1942

until August 1943. These experiments were performed by the defendants

Gebhardt, Fischer, and Oberheuser. (_NO-228, Pros. Ex. 206._)

Gebhardt personally requested Himmler’s permission to carry out the

sulfanilamide experiments and their execution was his responsibility.

(_Tr. pp. 4024-5._) He himself carried out the initial operations. (_Tr.

p. 4032._)

The experimental subjects consisted of 15 male concentration camp

inmates, who were used during the preliminary experiments in July 1942,

and 60 Polish women who were experimented on in 5 groups of 12 subjects

each.

The purpose of the experiments was stated in a preliminary report by

Gebhardt dated 29 August 1942, in which he stated:

“By order of the Reich Leader SS, I started on 20 July 1942 at

Ravensbrueck concentration camp for women on a series of

clinical experiments with the aim of analyzing the sickness

known as gas gangrene, which does not take a uniform course, and

to test the efficacy of the known therapeutic medicaments.

“In addition, the simple infections of injuries which occur as

symptoms in war surgery had also to be tested; and a new

chemo-therapeutic treatment, apart from the known surgical

measures, had to be tried out.” (_NO-2734, Pros. Ex. 473._)

The sulfanilamide experiments, as substantially all of the experiments

with which the case is concerned, were directly related to the German

war effort. Allied propaganda about the “miracle drug” sulfanilamide was

having considerable effect on the confidence of the German soldiers in

their medical officers. Heavy casualties had been sustained from gas

gangrene on the Russian front in the winter of 1941-42. The theoretical

question to be answered by these experiments was whether the wounded

should be treated surgically in the front line hospitals or should be

treated by field medical officers with sulfanilamide and then sent down

the long lines of communication to a base hospital for further

treatment. (_Tr. pp. 4010-14._)

The same report cited above states that the defendant Fischer was

appointed by Gebhardt as his assistant; Dr. Blumenreuter, a subordinate

of the defendant Genzken, made available the surgical instruments and

medicines; the defendant Mrugowsky put his laboratory and co-workers at

the disposal of Gebhardt; and Dr. Lolling, chief medical officer of all

concentration camps, assigned Dr. Schiedlausky and the defendant

Oberheuser as co-workers.

This preliminary report concerns itself with the early experiments on 15

male subjects to determine a mode of infection with gangrene. Gebhardt

was assisted by the Hygiene Institute of the Waffen SS, which made

available the bacteria and gave advice on the method of bringing about

gangrene infection artificially. The experimental technique was

described in the report as follows:

“The point was to implant the lymph cultures on the damaged

muscle tissue, to isolate the latter from atmospheric and

humoral oxygen supply, and to subject it to internal tissue

pressure. The inoculation procedure was as follows: a

longitudinal cut of 10 centimetres over the musculus peroneus

longus; after incision into the fascia the muscle was tied up

with forceps in an area the size of a five-Mark piece; an

anaemic peripheral zone was created by injection of 3 cc.

adrenalin and in the area of the damaged muscle the inoculation

material (a gauze strip saturated with bacteria) was imbedded

under the fascia, subcutaneous adipose tissue and skin sutured

in layers.” (_NO-2734, Pros. Ex. 473._)

In the first series of experiments the subjects were infected with

staphylococci, streptococci, para oedema malignum, bacteria Fraenkel,

and earth. The resulting infections were not considered serious enough,

and a conference was held with the Hygiene Institute of the Waffen SS

and the bacteria used in bringing about the infections were changed. Six

additional male subjects were then infected, but again the results were

not considered serious enough. After further consultation with the

collaborators in the Hygiene Institute of the Waffen SS, the infectious

material was changed by adding wood shavings. During the course of these

experiments the subjects were treated with various types of

sulfanilamides, including catoxyn and marfanil-prontalbin, the latter

being strongly recommended by the Army Medical Inspectorate. Efforts

continued to make the gangrene infection more serious, and the report

concluded with the following paragraph:

“We are now investigating the problem as to why the gangrene in

the present cases did not fully develop. Therefore, the injuring

of the tissue and the exclusion of a muscle from the circulation

of the blood were undertaken during a separate operating

session, _and the large-scale necrosis resulting therefrom, was

to be inoculated with bacteria strain which had already had one

human passage_. For it is only when the really definite clinical

picture of the gangrene has appeared that conclusions may be

drawn on therapy with chemo-therapeutics in connection with

surgical operations.” [Emphasis supplied.] (_NO-2734, Pros. Ex.

473._)

This report was certified as a correct copy by the defendant Poppendick.

In his zealousness to protect his fellow defendants, Gebhardt testified

that neither the Hygiene Institute of the Waffen SS nor the defendant

Mrugowsky played any part in these experiments, and that the infectious

material was sent to him by Grawitz. (_Tr. p. 4179._) This is clearly

contradicted by his own report cited above.

Following the conclusion of the preliminary experiments on the male

prisoners, experiments were continued on female Polish inmates. The

affidavit of the defendant Fischer states that three series of

operations were performed, each involving 10 persons, one using the

bacterial culture and fragments of wood, the second using bacterial

culture and fragments of glass, and the third using culture plus glass

and wood. (_NO-228, Pros. Ex. 206._) These experiments were undertaken

during the month of August 1942. While Fischer speaks of experimental

groups of 10 persons each, the defendant Gebhardt testified that the

groups were composed of 12 experimental subjects. (_Tr. p. 4056._) On 3

September 1942, after 36 women had been experimented on, Reich Physician

SS Grawitz visited Ravensbrueck and inspected the experimental subjects.

He asked Gebhardt how many deaths had occurred, and when it was reported

that there had been none, he stated that the experiments did not conform

to battlefield conditions. (_NO-228, Pros. Ex. 206_; _Tr. p. 4057_.) In

order to make the gangrene infections still more severe, a new series of

experiments involving 24 Polish female inmates was carried out. In this

series the circulation of blood through the muscles was interrupted in

the area of infection by tying off the muscles on either end. This

series of experiments resulted in very serious infections and a number

of deaths occurred. (_NO-228, Pros. Ex. 206._)

Gebhardt, Fischer, and Oberheuser all admit that three of the

experimental subjects died as a result of the experiments. (_NO-228,

Pros. Ex. 206_; _Tr. pp. 4059, 5492_.) Other evidence, however, proves

that five died as a direct result of the experiments and six were

executed by shooting at a later date. (_Tr. pp. 1438, 1449, 797, 845,

863._)

Four of the Polish women who were subjected to these experiments

testified before the Tribunal. Most of the women who were used as

subjects had been active in a resistance movement. (_Tr. pp. 787, 816,

840, 857._) Only healthy inmates were used. (_Tr. pp. 786, 815, 836,

856, 860-1._) None of them volunteered for the experiments. (_Tr. pp.

789, 819, 842, 844-5, 861._) On the contrary, they protested against the

experiments both orally and in writing. (_Tr. pp. 789, 794, 823-5._)

They stated that they would have preferred death to continued

experiments, since they were convinced that they were to die in any

event. (_Tr. pp. 795, 824, 863._) They testified that 74 Polish women, 1

German, and 1 Ukrainian woman were experimented upon. (_Tr. pp. 1438,

796, 818, 862._) Since Gebhardt placed the total number of Polish female

experimental subjects in the sulfanilamide experiments at 60, the

additional 16 women mentioned by the witnesses may well have been

subjects in the bone, muscle, and nerve regeneration experiments. (_Tr.

p. 1462._)

The witness Kusmierczuk was one of the subjects in the sulfanilamide

experiments. She is a Polish national and arrived in the Ravensbrueck

concentration camp in the fall of 1941. (_Tr. p. 857._) She was operated

on in October 1942 and a severe infection developed in her case. (_Tr.

p. 858._) She remained in the hospital from October 1942 until April

1943, but her wound was still not healed at the time she was discharged

from the hospital. Her condition deteriorated and she was readmitted to

the hospital on 1 September 1943. (_Tr. p. 860._) She left the hospital

the second time in February 1944, but her wound did not finally heal

until June 1944. (_Tr. p. 861._) She identified the defendants Gebhardt,

Fischer, and Oberheuser as having participated in the experiment upon

her. (_Tr. p. 860._) Kusmierczuk suffered permanent injuries as a result

of this experiment, and her condition was described by the expert

witness Dr. Leo Alexander. (_Tr. pp. 864-9._) The post-operational care

of this woman was not handled by Gebhardt and Fischer, but by the camp

doctors. On the occasion of her second admission to the hospital in

September 1943, Kusmierczuk was operated on by Dr. Treite in an effort

to cure the deep-seated infection. (_Tr. p. 861._) [See photographs, pp.

898 to 908.]

The expert witness Maczka, who worked as an X-ray technician in the

Ravensbrueck concentration camp during the course of the experiments,

testified concerning deaths of the five Polish experimental subjects

resulting from the sulfanilamide experiments. Weronica Kraska developed

typical tetanus symptoms a few days after the experimental operation was

performed on her. After a brief illness she died under cramps caused by

tetanus. (_Tr. p. 1438._) Kazimiera Kurowska was artificially infected

with gangrene bacillus. She was a healthy Polish girl of 23 years. From

day to day her leg became blacker and more swollen. She was given care

for only the first few days. After that she was taken to Room 4 in the

hospital where she lay for days in unbelievable pain and finally died.

Maczka was able to observe this case personally and in her opinion

immediate amputation would have saved her life. (_Tr. pp. 1439-40._) It

is quite clear that if a German soldier’s life had been endangered by

gangrene infection, an amputation would have been undertaken

immediately. In this experiment, where the very effort was to develop a

serious gangrene infection and to test the effects of sulfanilamide

preparations, it is equally clear why the leg of Kurowska was not

amputated. Aniela Lefanowicz was infected with oedema malignum. Her leg

kept swelling more and more, the blood vessels eroded, and she died from

bleeding. Maczka testified that the blood vessels should have been tied

off and an amputation carried out in order to save her life. She was

completely neglected after the first 2 or 3 days. (_Tr. pp. 1440-1._)

Zofia Kiecol died under similar circumstances. (_Tr. p. 1441._)

Alfreda Prus was infected with oedema malignum the same day as the

witnesses Kusmierczuk, Kiecol, and Lefanowicz. She was a beautiful,

young 21-year-old girl, and a university student. She proved to be

stronger than Kiecol and Lefanowicz and for that reason she lived a few

days longer. She suffered terrible pain and finally died of hemorrhage.

(_Tr. pp. 1142-3._) Kusmierczuk was the only subject to survive that

series of experiments. (_Tr. p. 1443._)

It is hardly necessary to point out that all of the experimental

subjects suffered severe pain and torture. (_Tr. pp. 790-1, 802, 820,

842, 859_; _NO-876, Pros. Ex. 225_; _NO-871, Pros. Ex. 227_; _NO-877,

Pros. Ex. 228._) The Tribunal was able to observe for itself the

mutilations to which the Polish witnesses were subjected, and pictures

of their scars were introduced to form a permanent part of the record.

(_NO-1079a, b, and c, Pros. Ex. 209_; _NO-1081a, and b, Pros. Ex. 211_;

_NO-1082a, b, and c, Pros. Ex. 214_; _NO-1080a-g, Pros. Ex. 219._)

The post-operational care of the experimental subjects was entirely

inadequate. (_NO-873, Pros. Ex. 226._) Many of the subjects were given

neither medicine nor morphine by order of defendant Oberheuser.

(_NO-877, Pros. Ex. 228._) They were given bandages from time to time

when the doctors felt like it. Sometimes they waited 3 days, sometimes 4

days. There was a terrible odor of pus in the rooms. The girls were

forced to help each other. (_Tr. p. 1444._) Post-operational care, such

as it was, was administered by the camp doctors. The witness

Broel-Plater testified that:

“My leg pained me; I felt severe pain, and blood flowed from my

leg. At night we were all alone without any care. I heard only

the screaming of my fellow prisoners, and I heard also that they

asked for water. There was nobody to give us any water or bed

pans.” (_Tr. p. 790._)

The witness Karolewska testified that:

“I was in my room and I made the remark to fellow prisoners that

we had been operated on under very bad conditions and were left

here in this room, and that we were not given even the

possibility to recover. This remark must have been heard by a

German nurse who was sitting in the corridor because the door of

our room leading to the corridor was open. The German nurse

entered the room and told us to get up and dress. We answered

that we could not follow her order because we had great pains in

our legs and could not walk. Then the German nurse came into our

room with Dr. Oberheuser. Dr. Oberheuser told us to dress and go

to the dressing room. We put on our dresses; and, being unable

to walk, we had to hop on one leg going to the operating room.

After one hop we had to rest. Dr. Oberheuser did not allow

anybody to help us. When we arrived at the operating room quite

exhausted, Dr. Oberheuser appeared and told us to go back

because a change of dressing would not take place that day. I

could not walk, but somebody, a prisoner whose name I do not

remember, helped me to get back to the room.” (_Tr. p. 822._)

At least five human lives were sacrificed in the sulfanilamide

experiments, while an additional six were shot after having survived the

operations. All the surviving victims suffered terrible pains and were

crippled for life. Nevertheless, the experiments were not even

scientifically successful. The results, as reported by Gebhardt and

Fischer at the Third Conference of the Consulting Physicians of the

Wehrmacht at the Military Medical Academy in Berlin in May 1943, were

not adopted, and medical directives were issued which required the

continued use of sulfanilamide. (_Gebhardt, Fischer, Oberheuser 3,

Gebhardt, Fischer, Oberheuser Ex. 10._) The sulfanilamide experiments

were entirely unnecessary, since similar results could have been

achieved by the treatment of wound infections of German soldiers

normally contracted during the course of the war. (_Tr. pp. 3334,

3338._)

Gebhardt does not seriously contend that the experimental subjects were

volunteers. He admitted that he did not know whether the women

consented. He testified he was not interested in that. He left it to the

“legal authorities.” He did not discuss this matter with Himmler. (_Tr.

p. 4214._) By legal authorities, Gebhardt meant Himmler who, as he said,

“had the power to execute thousands of people by a stroke of his pen.”

(_Tr. p. 4025._) Gebhardt, however, showed no interest whatever in the

moral or legal character of that power. At one point in his testimony,

he stated that the subjects were nonvolunteers forced to submit to the

experiments by the State. (_Tr. p. 4064._) At still another point, they

were “more or less volunteers, condemned persons.” (_Tr. p. 4021._)

Gebhardt’s defense, if it can be dignified with that word, is rather

that the Polish women had been condemned to death for participation in a

resistance movement and that by undergoing the experiments, voluntarily

or otherwise, they were to have their death sentences commuted to some

lesser degree of punishment whereby they would at least not be executed.

This was no bargain reached with the experimental subjects; their wishes

were not consulted in the matter. It was, according to Gebhardt, left to

the good faith of someone unnamed to see to it the death sentence was

not carried out on the survivors of the experiments. Certainly Gebhardt

assumed no responsibility, or even interest, in this matter.

The prosecution points out, in connection with this alleged defense,

that the proof shows that the experimental subjects who testified before

this Tribunal were never so much as accorded a trial; they had no

opportunity to defend themselves against whatever crimes they were said

to have committed. They were simply arrested and interrogated by the

Gestapo in Poland and sent to a concentration camp. They had never so

much as been informed that they had been _marked for_, not sentenced to,

death. (_Tr. p. 831._) Article 30 of the Regulations Respecting the Laws

and Customs of War on Land annexed to the Hague Convention expressly

provides that even a spy “shall not be punished without previous trial.”

The alleged defense of Gebhardt is accordingly without merit.

Gebhardt would have the Tribunal believe that _but for_ the experiments

all these Polish girls would be dead; that he preserved the evidence now

being used against him. Nothing could be further from the truth. There

is no proof in the record that these women would have been executed if

they had not undergone the experiments. The witness Maczka is living

proof of the contrary. She was arrested for resistance activities on 11

September 1941, and shipped to Ravensbrueck on 13 September. (_Tr. p.

1433._) She was not an experimental subject yet she lives today.

Substantially all the Polish experimental subjects arrived in

Ravensbrueck in September 1941. (_Tr. pp. 788, 817, 840._) These girls

had not been executed by August 1942 when the experiments began. Indeed,

it was a surprise to Gebhardt, according to his testimony, that they

were used at all since during July 1942 the experiments were conducted

on men. There were some 700 Polish girls in that transport. (_NO-877,

Pros. Ex. 228_; _Tr. p. 4216._) There is no evidence that a substantial

number were ever executed even though most of them were not experimented

on.

No, the proof has shown beyond controversy that these Polish women

_could not have been legally executed_. The right to grant pardons in

cases of death sentences was exclusively vested in Hitler by a decree of

1 February 1935, Reich Law Gazette [RGBl], I, page 74. (_NO-3070, Pros.

Ex. 531._) On 2 May 1935, Hitler delegated the right to make _negative_

decisions on pardon applications to the Reich Minister of Justice.

(_NO-3071, Pros. Ex. 532._) On 30 January 1940 (_RGBl, I, p. 399_),

Hitler delegated to the Governor General for the occupied Polish

territories the authority to grant pardons and to make denying decisions

in pardon matters for the occupied Polish territories. (_NO-3072, Pros.

Ex. 533._) By edict, dated 8 March 1940, VOB1 GGP I p. 99, the Governor

General of occupied Poland ordered with reference to the execution of

the right to pardon in the case of death sentences that:

“The execution of a death sentence pronounced by a regular

court, a special court or a police court martial _shall take

place only when my decision has been issued not to make use of

my right to pardon_.” [Emphasis supplied.] (_NO-3073, Pros. Ex.

534._)

Assuming _arguendo_ that the experimental subjects had all committed

substantial crimes, that they were all properly tried by a duly

constituted court of law, that they were legally sentenced to death, it

is still clear from the decrees set forth above that these women could

not have been legally executed until such time as the Governor General

of occupied Poland had decided in each case not to make use of his

pardon right. There has been no proof that the Governor General had ever

acted with respect to pardoning the Polish women used in the

experiments, or, for that matter, any substantial number of those not

used in the experiments.

The only reason these 700 Polish women were transported from Warsaw and

Lublin to Ravensbrueck was because the Governor General had not approved

their execution. Otherwise they would have been immediately executed in

Poland. At the very least, these women were entitled to remain

unmolested so long as the Governor General took no action. He may never

have acted or, when he did, he may have acted favorably on the pardon.

The affidavit of Schiedlausky, the camp doctor at Ravensbrueck, shows

that the Governor General had not turned down a pardon when the

experiments started. He said on page four of the original:

“Polish women who had been sentenced to death by court martial

and who were awaiting execution, after their sentences had been

approved by the Governor General, were chosen as subjects.”

(_NO-508, Pros. Ex. 224._)

At still a later point, on page 15 of the original, he said:

“During my tour of duty at Ravensbrueck, I estimate that about

25 women were executed by shooting. They were exclusively Polish

women, who were already prisoners, _whose sentences were only

approved after a long time by the Governor General_.” [Emphasis

added.]

Schiedlausky was in Ravensbrueck from December 1941 until the middle of

August 1943. During that long period of time only 25 of over 700 Polish

inmates were made eligible for execution by action of the Governor

General. Who is to say that the majority of these 700 Polish women did

not live through the war even though they did not undergo the

experiments? Certainly it was incumbent on the defense to prove the

contrary by a preponderance of the evidence. This it did not do by any

evidence.

The defendants Gebhardt, Fischer, and Oberheuser cannot claim that they

believed in good faith that the Polish women could have been legally

executed. Even the camp doctor Schiedlausky knew that the Governor

General had to approve the execution. Moreover, the large number of 700

women being sentenced to death at this early stage of the war was enough

to put any reasonable person on notice that something was wrong.

Additionally, the uncontradicted evidence proves that survival of the

experiments was no guarantee whatever of avoiding execution in any

event. _At least six of the experimental subjects were executed after

having survived the experiments._ (_Tr. pp. 1449, 797, 845, 863._) The

names of the Polish girls who were shot were Pajaczkowska, Gans,

Zielonka, Rakowska, Sobolewska, and Gutek. (_NO-873, Pros. Ex. 226_;

_NO-861, Pros. Ex. 232_.) It was not a question of experimentation _or_

execution but experimentation _and_ execution.

Indeed, in February 1945, an effort was made to execute all the

experimental subjects. They were ordered to report to one block and

remain there. They were informed that they would be transferred to the

Gross-Rosen concentration camp, but it was common knowledge that

Gross-Rosen was already in the hands of the Allies. They, therefore,

knew that they were going to be executed and so took different

identification numbers and hid themselves. This was possible because of

disorganization in the camp. (_Tr. pp. 1450-1, 862-3_; _NO-876, Pros.

Ex. 225_; _NO-877, Pros. Ex. 228_.)

If one takes the case of the defense at its face value, the Tribunal is

in effect asked to rule that it is legal for military doctors of a

nation at war to experiment on political prisoners of an occupied

country who are condemned to death, to experiment on them in such a way

that they may suffer death, excruciating pain, mutilation, and permanent

disability—all this without their consent and in direct aid of the

military potential of their enemy. There is no valid reason for limiting

such a decision to civilian prisoners; the experiment would certainly

have been no worse had it been performed on Polish or American prisoners

of war. It is impossible to consider seriously the ruling being sought

for by the defense.

c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE CLOSING BRIEF FOR

DEFENDANT GEBHARDT_

* * * * *

_The Sulfanilamide Experiments_

Of all medical experiments forming the subjects of the indictment, the

experiments for testing sulfanilamides were undoubtedly the most

directly connected with the war. The problem of wound infection is one

with which every nation at war must concern itself especially in modern

warfare. This problem is not only one of great importance to the life

and health of the individual wounded soldier, but it may have a decisive

effect on the strategical position and on the outcome of the war itself

through the resultant gaps in the ranks. Already the First World War

showed that the majority of soldiers do not die on the battlefield

itself and that in most cases death is not the direct result of a wound,

but that the heavy losses must be attributed to infection of wounds

received. These experiences have been confirmed in the Second World War

and the special conditions prevailing in Russia and the climatic

conditions due to the winter there have shown even more than in the

First World War that wound infection was a medical and tactical problem

of the highest importance for the troops and their health. As regards

details, I refer to statements made in this connection on the witness

stand by several defendants in these proceedings.

Consequently, it could not come as a surprise that in this war, too,

efforts were made to deal with wound infection not only by using

surgical measures, but that a way was sought to prevent the formation

and spreading of bacterial infections or at least to confine them within

reasonable limits by using chemical preparations.

Such efforts seemed the more called for as the war in the East not only

meant an immense strain on the resources in material and personnel in

general, but also in view of the fact that especially the supply of the

army troops and the Waffen SS with medical officers and, above all, with

trained field surgeons became more and more difficult. Had it been

possible to assist the field medical officers at the front and at the

main dressing stations with a reliable and effective chemo-therapeutic

preparation against bacterial wound infection, progress of vast

importance would have been achieved.

On the other hand, however, it was impossible to overlook the fact that

the introduction of a chemo-therapeutic preparation which did not

operate safely involved a certain amount of danger to an effective

medical care of the wounded and consequently to the war potential of the

wounded and consequently to the war potential of the German Wehrmacht

and its striking power. In his lecture on the chemo-therapy of wound

infection as delivered before the First Conference East of the

Consulting Specialists on 18 May 1943, which I submitted as part of the

report dealing with this conference, (_Gebhardt, Fischer, Oberheuser 1,

Gebhardt, Fischer, Oberheuser Ex. 6._) Professor Dr. Rostock referred to

the great danger of chemo-therapy, i. e., the possibility “of making

negligent physicians careless in the surgical aspect of wound dressing,

since they may place a certain trust in chemo-therapy.”

This warning was all the more in order since, at that time there was not

only complete uncertainty as regards the effects of sulfanilamides, but

also because there was a divergence in opinions as to the efficacy of

this preparation. It has been clearly shown by the evidence that, in

spite of close observation of the effects of sulfanilamides in peace

time and in war, it was impossible to answer this question. Opinions

were very much divided. While some were convinced of the efficacy of

these preparations in connection with wound infections, and ascribed

extraordinarily good results to them, others were of the opinion that

these chemical preparations could at the best be used as a supplement

and that if used by themselves, they did not have the properties to

prevent bacterial infection resulting from combat wounds. With regard to

the details I refer to the statements of the defendants Karl Brandt,

Handloser, Rostock, Gebhardt, and Fischer and to Gebhardt Exhibits 6, 7,

and 10 as submitted by me during the hearing of the evidence.

In this respect, it is highly interesting to review the scientific

discussions of the consulting specialists as contained in the report on

the First Conference East on 18 and 19 May 1942. (_Gebhardt, Fischer,

Oberheuser 1, Gebhardt, Fischer, Oberheuser Ex. 6._) These discussions

which took place prior to the sulfanilamide experiments comprising the

subject of the indictment give a true picture of the situation as it was

at that time with regard to the efficacy of sulfanilamides.

In this respect we are able to distinguish three sharply defined groups.

In the group which rejected the chemo-therapeutic treatment of wound

infection, Geheimrat Professor Sauerbruch was the leader. He

emphatically voiced the opinion that these chemical preparations tend to

obscure surgical work and to lead to perfunctory treatment. He requested

that the preparations should be critically tested, that is to say, the

test should be made by surgeons experienced in general surgery.

In the other camp there were surgeons who claimed to have obtained

extraordinarily favorable results in the chemo-therapeutical treatment

of bacterially infected wounds. Among them was Dr. Krueger, the Berlin

professor of surgery, who claimed to have observed a favorable effect of

sulfanilamide in as many as 5,000 cases.

To the third group belonged the surgeons, bacteriologists, and

pathologists who took the view that nothing definite could be said as

yet as to the effects and the efficacy of sulfanilamides as agents in

the fight against bacterially infected wounds and that further tests

along these lines would have to be made.

Thus it can be said that after the experiences of the Russian winter

campaign of 1941-1942, the fight against bacterial wound infections, and

the question of the efficacy of the sulfanilamides had become a

military-medical and medical-tactical problem of the first importance,

about which opinions differed widely. A solution of this problem was the

more urgent as an answer had to be found quickly, and on the other hand

the fact was not to be disregarded that the experiences gained during

nearly 10 years of peace and war in clinics as well as in laboratories

were insufficient to answer this question.

_The Order for the Execution of these Experiments_

The evidence has shown that the order to ascertain the effectiveness of

the sulfanilamides by experiments on human beings was given directly by

the Head of State and Supreme Commander of the Wehrmacht. Hitler’s order

was not at first submitted by Himmler to the defendant Gebhardt, but to

Dr. Grawitz, Reich Physician of the SS and police.

However, the evidence showed further that another circumstance arose

which from the point of view of time at least caused the order for these

experiments to be given, viz, the death of the Chief of the Reich

Security Main Office, General of the Waffen SS Reinhardt Heydrich, who

in May 1942 was assassinated in Prague. For the details I refer to the

testimony of Gebhardt in the witness box on this matter. Heydrich’s

death is connected with the experiments themselves only insofar as, at

that time, the charge was leveled that Heydrich’s life could have been

saved if sulfanilamides, and especially a certain sulfanilamide

preparation, had been administered to the wounded man in sufficient

quantities. The whole problem of sulfanilamide therapy came to the fore

once more in this one case, and then in such an obvious manner that the

Head of State himself gave the order to clarify by way of all-out

experiments the question which for a long time had been of general

importance for the fighting troops at the front.

Within the scope of this evaluation of evidence, it is irrelevant to

enter into the details which resulted in the experiments being carried

out by the defendant Gebhardt himself. Against the strict order of the

Reich Physician SS Grawitz, Gebhardt carried out the experiments not by

deliberately inflicting bullet wounds but by causing an infection while

observing all possible precautionary measures.

It was further shown by the evidence that the experiments were started

with 15 habitual criminals who had been sentenced to death and who had

been transferred from the concentration camp Sachsenhausen to

Ravensbrueck. In view of the fact that this part of the experiment is

not a subject of the indictment, it seems to be unnecessary to enter

into this matter. It should, however, be kept in mind that at the

conference on 1 June 1942, at which the conditions for the experiments

were determined in detail—the defendant Gebhardt has described this

conference in detail and I am referring to this—it was understood that

the experiments should be carried out with the male habitual criminals

who had been sentenced to death and who were to be pardoned in case of

survival.

_The Experimental Arrangements for the Sulfanilamide Experiments_

It was shown by the evidence that the experiments for testing the

effectiveness of the sulfanilamides were carried out in three groups.

The first group included 15 men (habitual criminals). This group has

nothing to do with the charges of the indictment and it is therefore

superfluous to enter into this matter more closely.

The second group included 36 female prisoners who had been members of

the Polish Resistance Movement and who, for this reason, had been

sentenced to death by the German court martial in the General

Government. This second group was divided into 3 subgroups of 12

experimental persons each. As to the particulars of the provisions for

the experiments, I refer to the testimony of the defendants Gebhardt and

Fischer in the witness box. Contrary to the first group, contact

substances were used in this second group to accelerate the process of

infection. The contact substances were inserted into the open wound

together with the germs. Sterile and pulverized glass and sterile wood

particles were used as contact substances. These contact substances took

the place of earth and uniform particles and were to produce war-like

conditions for the wounds, without, however, producing at the same time

the general dangers created by infection of the wound by earth and parts

of clothing.

As in the case of the first group, staphylococci, streptococci, and gas

gangrene bacilli were used as agents. But the contention of the

indictment that tetanus germs were also used is incorrect. On the

contrary, the evidence has proved that the treatment of tetanus did not

come within the scope of these experiments. There was all the less

reason for this as it was realized long ago by German military surgery

that the sulfanilamide preparations are not suitable for the effective

prevention of traumatic tetanus. Here I refer to the directives for the

chemo-therapeutical treatment of wound infection which were issued at

the First Working Conference East of the Consulting Specialists in May

1943 (_Gebhardt, Fischer, Oberheuser 1, Gebhardt, Fischer, Oberheuser

Ex. 6_)—that is prior to the performance of the sulfanilamide

experiments charged in the indictment. In these directives it is

expressly pointed out that the outbreak of traumatic tetanus cannot be

prevented by means of the sulfanilamides and that tetanus anti-toxin has

to be administered as usual.

During the presentation of evidence, only the witness Dr. Maczka

maintained that tetanus was actually used in one individual case. This

witness did not make her own observations of the case but drew

conclusions based exclusively on the pathological picture presented by

one of the experimental subjects according to her statements. In view of

the fact that even according to the testimony of this witness tetanus

bacilli were employed only in one individual case, the assertion of this

witness can hardly be taken as a true representation of the facts, for

if it had really been the intention of the defendant Gebhardt to

determine the effect of sulfanilamides on tetanus too, one experimental

subject would certainly not have been sufficient, and more experiments

would have been necessary before a final decision regarding this

question could possibly have been made.

The third group consisted of 24 experimental subjects who were not

treated with any sort of contagion—unlike the procedure applied to the

second group—but only had part of the muscle ligatured. The defendants

Gebhardt and Fischer have given detailed evidence regarding these new

experimental arrangements, how they originated, what considerations had

to be regarded, and what part was played by SS Reich Physician Dr.

Grawitz. With regard to these details I refer to the testimony of the

defendants in the witness box.

The experimental subjects were treated with sulfanilamides as described

by the defendants in the witness box. A few persons were not treated

with sulfanilamides but were used as control subjects. But that did not

mean that these persons were not treated at all. As the evidence has

proved, all experimental subjects were treated, namely by surgical

measures if the sulfanilamides did not prove effective against the

inflammation. For this reason too the experimental subjects to whom

sulfanilamides were applied, and where the inflammation did not pass

away by itself, were given direct surgical treatment under observance of

the generally recognized principles of surgery, particularly as

developed in Germany by Gebhardt’s teacher Professor Dr. Lexer. This

direct surgical treatment resulted in the scars which the court has seen

on the experimental subjects questioned as witnesses. As explained by

Professor Dr. Alexander, the expert produced by the prosecution, these

scars are the result not of the bacteriological infection but of the

operations performed in order to eliminate this infection. In the

prosecution case, four experimental subjects were called to give

evidence. In addition, the prosecution submitted a series of affidavits

given by other persons used as experimental subjects. The statements of

the four witnesses questioned in court coincide largely with the

testimony given by the defendants Gebhardt, Oberheuser, and Fischer

themselves in the witness box. For this reason alone it appears

expedient and sufficient for the pronouncement of a just sentence and

for the establishment of the true facts to base the sentence exclusively

on the testimony of these four witnesses together with the statements of

the defendants themselves. This is not only in accordance with the

principle of direct and oral proceedings in court prevailing in any

modern criminal procedure and which should not be departed from without

urgent reason, but also such handling of the case seems suitable because

the statements of the four witnesses are identical essentially so that

they themselves, together with the statements given by the defendants,

can be regarded as a safe basis for a finding—apart from one point

which I shall go into later. In addition, the affidavits submitted by

the prosecution not only differ in essential points from the statements

made by the witnesses in court, but are inconsistent and contradictory

in themselves as well. This is shown, above all, by the fact that in

several of these affidavits contentions are quite obviously made which

are not based on personal and factual observation, but have become known

to these witnesses by hearsay. The affidavits, moreover, fail to

represent the circumstances in clear chronological order, which makes

the whole matter all the more doubtful, as it was proved by the evidence

that in the Ravensbrueck camp experiments were obviously also performed

by other physicians with whom the defendant in this case had no

connection.

Considerable doubts also exist regarding the statements made by the

witness Dr. Maczka. The prosecution has submitted two affidavits given

by this witness as part of its evidence. When questioned in court, this

witness could not maintain the most incriminating contentions which

appeared in the two affidavits. Under these circumstances, the court has

to consider whether it regards the statements of this witness as

sufficiently reliable to enter into the judgment. I would answer this

question in the negative, not only because she had to revoke the most

essential points of her previous affidavits, but because a large part of

her testimony was based not on her own observations, but either on

information obtained from other prisoners or on conclusions drawn by

her.

* * * * *

d. Evidence

_Prosecution Documents_

Doc. No. Pros. Ex. No. Description of Document Page

NO-228 206 Affidavit of defendant Fischer, 371

19 November 1946, concerning

sulfanilamide experiments

conducted in the concentration

camp Ravensbrueck.

NO-472 234 Affidavit of the defendant 376

Fischer, 21 October 1946,

supplementing his affidavit

concerning sulfanilamide

experiments.

NO-1080 A, E, F 219 A, E, F Exposures of the witness Maria 901

Kusmierczuk who underwent

sulfanilamide and bone

experiments while an inmate of

the Ravensbrueck concentration

camp. (_See Selections from

Photographic Evidence of the

Prosecution._)

NO-1082 A, C 214 A, C Exposures of the witness Jadwiga 903

Dzido who underwent

sulfanilamide and bone

experiments while an inmate of

the Ravensbrueck concentration

camp. (_See Selections from

Photographic Evidence of the

Prosecution._)

_Defense Documents_

Doc. No. Def. Ex. No. Description of Document

Gebhardt, Gebhardt, Fischer, Extract from affidavit of Dr. 377

Fischer, Oberheuser Ex. 20 Karl Friedrich Brunner, 14

Oberheuser 21 March 1947.

Gebhardt, Gebhardt, Fischer, Extract from report on the First 377

Fischer, Oberheuser Ex. 6 Conference East of Consulting

Oberheuser 1 Specialists on 18 and 19 May

1942 at the Military Medical

Academy, Berlin.

Gebhardt, Gebhardt, Fischer, Extracts from report on the 378

Fischer, Oberheuser Ex. 10 Third Conference East of

Oberheuser 3 Consulting Specialists on 24

to 26 May 1943 at the Military

Medical Academy, Berlin.

_Testimony_

Extracts from the testimony of prosecution witness Jadwiga Dzido 381

Extracts from the testimony of the prosecution expert witness Dr. 386

Leo Alexander

Extracts from the testimony of defendant Gebhardt 388

PARTIAL TRANSLATION OF DOCUMENT NO-228

PROSECUTION EXHIBIT 206

AFFIDAVIT OF DEFENDANT FISCHER, 19 NOVEMBER 1946, CONCERNING

SULFANILAMIDE EXPERIMENTS CONDUCTED IN THE CONCENTRATION CAMP

RAVENSBRUECK

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 239 / 486 题