B. Responsibility of Superiors for Acts of Subordinates

a. Introduction

Defendants who were in high positions in the German medical service

rejected responsibility for the alleged criminal conduct of their

subordinates. The prosecution argued that it “would be an unforgivable

miscarriage of justice to punish the doctors who worked on the victims

in the concentration camps while their superiors, the leaders,

instigators, and organizers go free.” The prosecution, for example,

argued that Karl Brandt held supreme authority over all medical services

in Germany, both military and civilian; that Handloser was the Chief of

the Medical Services in the Wehrmacht; that Rostock was Karl Brandt’s

deputy charged with the task of “centrally coordinating and directing

the problems and activities of the entire medical and health service” in

the field of science and research; that Schroeder was the Chief of the

Medical Service of the Luftwaffe; that Genzken was the Chief of the

Medical Service of the Waffen SS; that Blome was the Deputy Reich Health

Leader; and that these men were clearly responsible for the acts of

their subordinates in their respective sectors.

The prosecution’s summation of evidence on this question has been taken

from the closing statement which appears below on pages 926 to 936.

Extracts from the final pleas for the defendants Karl Brandt, Schroeder,

Rostock, and the closing briefs for Handloser, Genzken, and Blome appear

on pages 936 to 957.

b. Selection from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING STATEMENT OF THE

PROSECUTION_[139]

* * * * *

_The Responsible Leaders of the Medical Services_

In view of the clear and overwhelming proof, it can only be concluded

that the practice of experimentation on concentration camp inmates

without their consent was an organized and systematic program. It is,

therefore, appropriate to consider whether we have in this dock the

leaders of the German medical services without whom these crimes would

not have been possible. It would be an unforgivable miscarriage of

justice to punish the doctors who worked on the victims in the

concentration camps while their superiors, the leaders, organizers, and

instigators go free. It has been established beyond controversy that

these things could not have happened without cover from the top. Who,

then, were these men on the top? Their survivors, with one exception,

are all in this dock.

In the number one seat we have the defendant Karl Brandt. He held

supreme authority over all the medical services in Germany, both

military and civilian. He joined the Nazi Party in January 1932 and the

SS in 1934, in which he rose to the rank of Gruppenfuehrer [Major

General]. In the latter year, at the age of 30, he became the attending

physician to Adolf Hitler and retained this position until 1945. His

close personal relationship to the Fuehrer explains his rapid rise to

power. On the day Poland was invaded in 1939, Hitler ordered Brandt and

Philipp Bouhler, the Chief of the Chancellery of the Fuehrer, to carry

out the so-called Euthanasia Program.

Aside from his personal influence and intimate connection with Hitler,

Brandt’s greatest power in the medical services came from his position

as General Commissioner and later Reich Commissioner of the Health and

Medical Services. As a result of the disastrous winter campaign in the

East in 1941, Hitler established for the first time a medical and health

official under his direct control by decree of 28 July 1942. This decree

made Brandt the supreme authority over all medical services in Germany.

It stated in part as follows:

“I empower Professor Dr. Karl Brandt, subordinate only to me

personally and receiving his instructions directly from me, to

carry out special tasks and negotiations, to readjust the

requirements for doctors, hospitals, medical supplies, etc.,

between the military and the civilian sectors of the Health and

Medical Services.

My plenipotentiary for Health and Medical Services is to be kept

informed about the fundamental events in the Medical Services of

the Wehrmacht and in the Civilian Health Service. He is

authorized to intervene in a responsible manner.” (_NO-080,

Pros. Ex. 5._)

By the same decree chiefs were also commissioned for the Medical

Services of the Wehrmacht and the Civilian Health Service. The defendant

Handloser became Chief of the Medical Services of the Wehrmacht, while

Dr. Leonardo Conti, State Secretary for Health and the Reich Health

Leader, was made Chief of the Civilian Health Services. Brandt was the

superior of both Handloser and Conti, and through them had extensive

powers over the Army, Navy, Luftwaffe, Waffen SS, and Civilian Medical

Services. Brandt stood at the apex of power. He was subordinated to no

one save the Fuehrer. He was the man to act for the Fuehrer in medical

matters. The decree authorized Brandt “to intervene in a responsible

manner” and directed that he be kept informed of “fundamental events”.

Certainly nothing could be more fundamental than a policy of performing

medical experiments involving the torture and death of involuntary human

subjects.

On 5 September 1943 Hitler issued a second decree empowering Brandt

“with centrally coordinating and directing the problems and activities

of the entire medical and health services * * *”. (_NO-081, Pros. Ex.

6._) The order expressly stated that Brandt’s authority covered the

field of medical science and research. Shortly following the issuance of

this decree, the defendant Rostock was appointed by Brandt as Chief of

the Office for Science and Research, with plenary powers in that field.

Finally, on 25 August 1944, the Fuehrer elevated Brandt to Reich

Commissioner for the Health and Medical Services and stated that in this

capacity “his office ranks as highest Reich authority.” Brandt’s

position was thus equivalent to that of a Reich Minister. He was

authorized “to issue instructions to the offices and organizations of

the State, Party, and Wehrmacht, which are concerned with the problems

of the Medical and Health Services”. (_NO-082, Pros. Ex. 7._) It is

clear that this decree was issued to resolve a struggle for power

between Brandt and Conti. Certainly the decree does no more than give

Brandt a more august title and restate his powers, powers which he had

already received as early as July 1942. Brandt testified that it merely

“strengthened” his position. A service regulation issued by Keitel for

Handloser, as Chief of the Medical Services of the Wehrmacht, at a time

when Brandt was still General Commissioner, provided that Handloser was

subject to the “general rules of the Fuehrer’s Commissioner General for

the Medical and Health Services” and that Brandt had to be informed of

the “basic events” in the field of the Medical Services of the

Wehrmacht. In a pretrial affidavit the defendant Handloser stated that

after he became Chief of the Medical Services of the Wehrmacht on 28

July 1942 “Brandt was my immediate superior in medical affairs.”

(_NO-443, Pros. Ex. 10._) Schroeder stated that “Karl Brandt, Handloser,

and Rostock were informed of the medical research work conducted by the

Luftwaffe.” (_NO-449, Pros. Ex. 130._) In addition to his position as

General and Reich Commissioner of the Health and Medical Services,

Brandt was also a member of the Presidential Council of the Reich

Research Council, an organization which gave financial support for

criminal experiments.

In the number two seat is the defendant Handloser who held supreme power

over the medical services of all branches of the Wehrmacht. Early in

1941 he was appointed Army Medical Inspector and Army Physician [Army

Medical Chief (Heeresarzt)]. He held these positions until September

1944 and as such had complete command over the entire Army Medical

Services which was by far the largest of the medical branches of the

Wehrmacht. In his capacity as Army Medical Inspector, Handloser had

subordinated to him the Consulting Physicians of the Army, the Military

Medical Academy, the Typhus and Virus Institutes of the OKH at Krakow

and Lemberg [Lvov], and the Medical School for Mountain Troops at St.

Johann. He attained the rank of Generaloberstabsarzt, the highest

military medical rank.

On 28 July 1942, Handloser was elevated to the newly created position of

Chief of the Medical Services of the Wehrmacht. This was the same decree

which appointed Brandt General Commissioner, to whom Handloser, on the

military side, and Conti, on the civilian side, were subordinated.

Handloser was charged with the coordination of the Medical Services of

the Wehrmacht and all organizations and units subordinated or attached

to the Wehrmacht, including the Medical Services of the Waffen SS. Prior

to this decree there were four separate medical branches of the

Wehrmacht, the Army, Luftwaffe, Navy, and Waffen SS, each operating

independently of the other. Pursuant to this decree, Handloser was

appointed to coordinate and unify their operations and was directly

responsible to Keitel as Chief of the Supreme Command of the Wehrmacht

(OKW). He had authority over the Chiefs of the Army, Navy, Luftwaffe,

and Waffen SS Medical Services, and all organizations and services

employed within the framework of the Wehrmacht, and over “_all

scientific medical institutes, academies, and other medical institutions

of the services of the Wehrmacht and of the Waffen SS_.” [Emphasis

added.] (_NO-227, Pros. Ex. 11._) He was the adviser of the Chief of the

Supreme Command and of the Wehrmacht in all questions concerning the

medical services of the Wehrmacht and of its health guidance. In the

field of medical science, his duties were to carry out uniform measures

in the field of health guidance, _research and combating of epidemics_,

and all medical matters which required a uniform ruling among the

Wehrmacht, and further, _in the evaluation of medical experiences_.

One of the principal means used by the defendant Handloser in

coordinating scientific research was the joint meeting of consulting

physicians of the four branches of the Wehrmacht. At the Second Meeting

East of Consulting Physicians in December 1942 at the Military Medical

Academy, Handloser himself pointed out quite clearly the task of the

Chief of the Medical Services of the Wehrmacht in unifying medical

scientific research. In addressing the full meeting he said:

“The demands and extent of this total war, as well as the

relationship between needs and availability of personnel and

material, require measures, also in military and medical fields,

which will serve the unification and unified leadership. It is

not a question of ‘marching separately and battling together’,

but marching and battling must be done in unison from the

beginning in all fields.

“As a result, with respect to the military sector, the Wehrmacht

Medical Service and with it the Chief of the Medical Services of

the Wehrmacht came into being. Not only in matters of personnel

and material—even as far as this is possible in view of special

fields and special tasks which must be considered—but also with

a view to medical scientific education and research, our path in

the Wehrmacht Medical Service must and will be a unified one.

Accordingly, the group of participants in this Second Work

Conference East, which I have now opened, is differently

composed from the First Work Conference in May of this year.

Then it was a conference of the army; today the three branches

of the Wehrmacht, the Waffen SS and Police, the Labor Service

and the Organization Todt are participating and unified.

“You will surely permit that I greet you with a general welcome

and with the sincere wish that our common work may be blessed

with the hoped for joint success.

“I would, however, like to extend a special greeting to the

Reich Chief of Health Services, Under Secretary Conti, who holds

the central leadership of medical services in the civilian

sector. I see in his presence not only an interest in our work

themes, but the expression of his connection with the Wehrmacht

Medical Service and his understanding of the special importance

of the Wehrmacht in the field as well as at home. I need not

emphasize that we are as one in the recognition of the necessity

to assure and ease the mind of the soldier, that he need not

worry about the physical well-being of the homeland as far as

this is within the realm of possibility in wartime.” (_NO-922,

Pros. Ex. 435._)

Again, at the Fourth Meeting of Consulting Physicians in May 1944 the

defendant Karl Brandt stressed the importance of Handloser’s position,

saying—

“Generaloberstabsarzt Handloser, you, a soldier and a physician

at the same time, are responsible for the use and the

performance of our medical officers.

* * * * *

“I believe, and this probably is the sole expectation of all

concerned, that this meeting which today starts in Hohenlychen

will be held for the benefit of our soldiers. The achievements

to date of your physicians, Herr Generaloberstabsarzt, confirm

this unequivocally, and their readiness to do their share makes

all of us proud and—I may also say—confident.

* * * * *

“It is good simply to call these things by their names and to

look at them as they are. This meeting is the visible expression

of it—it is, it shall be, and it must be so in every respect;

the consulting physicians are gathered around their medical

chief. When I look at these ranks, you Generaloberstabsarzt

Handloser, are to be envied; medical experts, with the best and

most highly trained special knowledge, are at your disposal for

care of the soldiers. In reciprocal action between yourself and

your medical officers, the problem of our medical knowledge and

capacity are kept alive.” (_NO-924, Pros. Ex. 437._)

This was no accolade paid to a man without power and influence. If

Handloser is not responsible for the crimes committed by the medical

services of the Wehrmacht, and especially of the Army and Luftwaffe,

then no one is responsible.

In the number three seat we have the defendant Rostock who, as Brandt’s

special deputy, was charged with the task of “centrally coordinating and

directing the problems and activities of the entire Medical and Health

Services” in the field of science and research. Even prior to his

appointment to that position in the fall of 1943, Rostock was one of the

responsible leaders of the German medical profession. In 1942 he was

appointed Dean of the Medical Faculty of the University of Berlin. In

the same year he became consulting surgeon to Handloser as the Army

Medical Inspector. He attained the rank of Generalarzt. As Chief of the

Office for Science and Research under Brandt, it was Rostock’s task to

coordinate scientific research in Germany. He received reports as to the

issuance of research assignments by the various agencies in Germany and

determined which of such assignments should be considered “urgent”. He

also served as Brandt’s alternate on the Reich Research Council.

In the number four seat we have the defendant Schroeder, who from 1

January 1944 until the end was the Chief of the Medical Service of the

Luftwaffe. From 1935 until February 1940 Schroeder was Chief of Staff to

his predecessor, Erich Hippke as Luftwaffe Medical Inspector. From

February 1940 until January 1944 he served as Air Fleet Physician of Air

Fleet 2, when he replaced Hippke as Chief of the Medical Service of the

Luftwaffe. Simultaneously he was promoted to the rank of

Generaloberstabsarzt. As Chief of the Medical Service of the Luftwaffe,

all medical officers of the German Air Force were subordinated to him.

His position and responsibility are clear and unequivocal.

In seat number five is the defendant Genzken, who, as Chief of the

Medical Service of the Waffen SS, was one of the highest ranking medical

officers in the SS. He joined the Nazi Party in 1926 and in 1936 he went

on active duty with the SS in the Medical Office of the SS Special

Service [disposal] Troops [SS Verfuegungstruppe], which subsequently

became the Waffen SS. In the spring of 1937 the Medical Office of the SS

was enlarged and split into two departments. Genzken was made director

of the department charged with the supply of medical equipment to and

the supervision of medical personnel in the concentration camps. In this

capacity he was the medical adviser to the notorious Eicke, predecessor

of Pohl as the commander of all concentration camps. Sachsenhausen,

Dachau, Buchenwald, Mauthausen, Flossenbuerg, and Neuengamme, among

others, were under the medical supervision of Genzken. Few men could

have been better advised as to the systematic oppression and persecution

of the hapless prisoners of these institutions.

In May 1940, Genzken became Chief of the Medical Office of the Waffen SS

in the SS Operational Headquarters, with the rank of Oberfuehrer. The SS

Operational Headquarters was subordinated to Gruppenfuehrer Hans

Juettner and was one of the twelve main offices of the Supreme Command

of the SS. While Juettner was Genzken’s military superior, his technical

or medical superior was Reichsarzt SS Grawitz for whom he served as

deputy on many occasions. In 1942 his position became known as Chief of

the Medical Service of the Waffen SS, Division D of the SS Operational

Headquarters. He attained the rank of Gruppenfuehrer in the SS and

Generalleutnant of the Waffen SS [major general]. Among the offices

subordinated to Genzken was that of the Chemical and Pharmaceutical

Service under Blumenreuter and Hygiene under the defendant Mrugowsky.

Mrugowsky was attached to Genzken’s office as a hygienist in 1940 and

was at the same time Chief of the Hygiene Institute of the Waffen SS

which, in turn, was subordinated to Genzken. On 1 September 1943, the

Medical Service of the SS was reorganized and, among other things,

Blumenreuter, Mrugowsky, and the Hygiene Institute of the Waffen SS were

transferred to the Office of the Reichsarzt SS, Grawitz. Thereafter the

direct subordination was to Grawitz rather than to Genzken.

And then there is the defendant Blome, Gruppenfuehrer [Major General] in

the SA, Deputy Reich Health Leader, Deputy Leader of the Reich Chamber

of Physicians and the National Socialist Physicians Association,

Representative for the Department of Medical Study, Plenipotentiary in

the Reich Research Council, and Chief of Research on Bacteriological

Warfare. As the closest associate of Conti, he cannot be omitted from

the list of the powerful. Conti was the highest authority in the field

of civilian health administration. The decree of 28 July 1942, signed by

Hitler, concerning the reorganization of the medical services, defines

the position of Conti as follows:

“In the field of civilian health administration the State

Secretary in the Ministry of Interior, and the Chief of the

Health Administration of the Reich [Reichsgesundheitsfuehrer],

Dr. Conti, is responsible for coordinated measures. For this

purpose he has at his disposal the competent departments of the

highest Reich authorities and their subordinate offices.”

(_NO-080, Pros. Ex. 5._)

There was not a single medical question which did not reach the Reich

Health Department of the Nazi Party and the Reich Chamber of Physicians,

subordinated to which were all physicians in Germany, with the exception

of those on active Service with the armed forces and in the SS. As a

member of the Reich Research Council, Blome was personally connected

with plans and enterprises involving criminal medical experimentation.

These were the responsible leaders of the medical services of Germany.

Who, then, is missing from this illustrious gathering? During the course

of the trial, we have frequently heard mentioned the names of Conti and

Grawitz. Indeed, the defendants would have us believe that in these two

men, together with Hitler and Himmler, resided the exclusive

responsibility for the manifold crimes with which we are here concerned.

I hardly need call attention to the fact that all are dead. All of them

took their own lives rather than face the bar of justice. No one can

deny that those men were, indeed, guilty. But this in no way serves to

exonerate these defendants, who all played important roles in the mad

scheme. It is a curious thing that not one of the defendants has pointed

an accusing finger at a living man. If they are to be believed, all the

guilty parties to these crimes are dead. According to them, justice must

seek retribution only from the cadavers. The Luftwaffe defendants have

been strangely silent as to Hippke, who, but for a belated capture,

would have a prominent seat in the dock. Those defendants who worked

with the dead criminals—such as Gebhardt, Mrugowsky, and Poppendick

with Grawitz, and Blome with Conti—ask the Tribunal to say that their

association was honorable and pure, that their work was in another

field, that their masters’ crimes come as a great surprise and were

never known to them. The evidence proves, however, that they not only

knew of and supported these crimes, but also took a personal part in

them.

In connection with the responsible positions of these defendants and

most particularly of Karl Brandt and his assistant Rostock, Handloser,

Schroeder, Genzken, and Blome, I wish to call the Tribunal’s attention

to the decision of the Supreme Court of the United States in the case of

_In re Yamashita_.[140] On 25 September 1945, Yamashita, the Commanding

General of the Fourteenth Army Group of the Imperial Japanese Army in

the Philippine Islands was charged with violation of the laws of

war.[141] He thereafter pleaded not guilty, was tried, found guilty as

charged, and sentenced to death by hanging. A petition for a writ of

habeas corpus was filed with the Supreme Court purporting to show that

Yamashita’s detention was unlawful for the reason, among others, that

the charge preferred against him failed to charge him with a violation

of the laws of war.

The charge stated that Yamashita, between 9 October 1944 and 2 September

1945, in the Philippine Islands, “while commander of armed forces of

Japan at war with the United States of America and its Allies,

unlawfully disregarded and failed to discharge his duty as commander to

control the operations of the members of his command, permitting them to

commit brutal atrocities and other high crimes against people of the

United States and of its Allies and dependencies, particularly the

Philippines; and he * * * thereby violated the laws of war.” The

military commission[142] which tried Yamashita found that atrocities and

other high crimes had been committed by members of the Japanese Armed

Forces under his command, that they were not sporadic in nature but in

many cases were methodically supervised by Japanese officers, and that

during the period in question Yamashita failed to provide effective

control of his troops as was required by the circumstances. The Supreme

Court stated the question for their decision in the following language:

“It is not denied that such acts directed against the civilian

population of an occupied country and against prisoners of war

are recognized in international law as violations of the law of

war * * *. But it is urged that the charge does not allege that

petitioner has either committed or directed the commission of

such acts, and consequently that no violation is charged against

him. But this overlooks the fact that the gist of the charge is

an unlawful breach of duty by the petitioner as an army

commander to control the operations of the members of his

command by ‘permitting them to commit’ the extensive and

widespread atrocities specified. The question then is whether

the law of war imposes on an army commander a duty to take such

appropriate measures as are within his power to control the

troops under his command for the prevention of the specified

acts which are violations of the law of war and which are likely

to attend the occupation of hostile territory by an uncontrolled

soldiery, and whether he may be charged with personal

responsibility for his failure to take such measures when

violations result.”

The Court held that the charge was sufficient and that the law of war

“plainly imposed on petitioner, who at the time specified was military

governor of the Philippines, as well as commander of the Japanese

forces, an affirmative duty to take such measures as were within his

power and appropriate in the circumstances to protect prisoners of war

and the civilian population. This duty of a commanding officer has

heretofore been recognized, and its breach penalized by our own military

tribunals.”

This decision is squarely in point as to the criminal responsibility of

those defendants in this dock who had the power and authority to control

the agents through whom these crimes were committed. It is not incumbent

upon the prosecution to show that this or that defendant was familiar

with all of the details of all of these experiments. Indeed, in the

Yamashita case, there was no charge or proof that he had knowledge of

the crimes. In the case before the International Military Tribunal,

proof was submitted that the Reichsbank, of which the defendant Funk was

president, had received from the SS the personal belongings of victims

who had been exterminated in concentration camps. In that connection the

Tribunal said in its judgment:

“Funk has protested that he did not know that the Reichsbank was

receiving articles of this kind. The Tribunal is of the opinion

that he either knew what was being received or was deliberately

closing his eyes to what was being done.”[143]

But we need not discuss the requirement of knowledge on the facts of

this case. It has been repeatedly proved that those responsible leaders

of the German medical services in this dock not only knew of the

systematic and criminal use of concentration camp inmates for murderous

medical experiments, but also actively participated in such crimes. Can

it be held that Karl Brandt had no knowledge of these crimes when he

personally initiated the jaundice experiments by Dohmen in the

Sachsenhausen concentration camp and the phosgene experiments of

Bickenbach? Can it be found that he knew nothing of the criminal

Euthanasia Program when he was charged by Hitler with its execution? Can

it be said that Handloser had no knowledge when he participated in the

conference of 29 December 1941 where it was decided to perform the

Buchenwald typhus crimes, when reports were given on criminal

experiments at meetings called and presided over by him? Was Rostock an

island of ignorance when he arranged the program for and presided over

the meetings at which Gebhardt and Fischer lectured on their

sulfanilamide experiments, when he classified as “urgent” the criminal

research of Hirt, Haagen, and Bickenbach? Did Schroeder lack knowledge

when he personally requested Himmler to supply him with inmates for the

sea-water experiments? Can it be found that Genzken had no knowledge of

these crimes when the miserable Dr. Ding was subordinated to and

received orders from him in connection with the typhus experiments in

Buchenwald, when his office supplied Rascher with equipment for the

freezing experiments? Was Blome insufficiently informed in the face of

proof that he collaborated with Rascher in the blood coagulation

experiments, issued a research assignment to him on freezing experiments

and to Hirt on the gas experiments, as well as performed bacteriological

warfare and poison experiments himself?

No, it was not lack of information as to the criminal program which

explains the culpable failure of these men to destroy this

Frankenstein’s monster. Nor was it lack of power. Can anyone doubt that

Karl Brandt could have issued instructions to Handloser and Conti that

doctors subordinated to them were not to experiment on concentration

camp inmates? It is no excuse to say that Hitler and Himmler approved

the policy and that his efforts may have failed. Certainly they approved

it. But the fact is that Brandt also approved of and personally

participated in the program. He was the “highest Reich authority” in the

medical services, not Himmler. The medical services were Brandt’s

primary function, while Himmler had a few other tasks to keep him busy,

such as running the SS, the Ministry of Interior, the German Police, and

the Home Army, to mention a few.

Nothing could have been easier for Handloser than to issue a general

directive that officers of the Medical Services of the Wehrmacht were to

keep out of concentration camps. If he could not have done so, then we

must conclude that no one could have. Handloser had no peer in the

military medical services. And what Handloser could have done for all

the branches of the Wehrmacht, Schroeder, Genzken, and Blome could have

done with respect to the Luftwaffe, the Waffen SS, and the Reich Health

Department.

The conclusion is inescapable that the crimes of these responsible

leaders is a hundredfold greater than that of the wretches who executed

the murderous experiments in the concentration camps. Theirs was the

power, the opportunity, and the duty to control and their failure is

their everlasting guilt.

c. Selections from the Argumentation of the Defense

_EXTRACTS FROM THE FINAL PLEA FOR DEFENDANT

KARL BRANDT_[144]

* * * * *

To what extent is the defendant Karl Brandt implicated in the medical

experiments?

The prosecution says he is implicated in almost all of them and refers

to his position and his connections. They state that he was the highest

Reich authority in the medical sphere; there, however, they are misled

by an error of the translator, for Karl Brandt only had the powers,

regulated in a general way, of an “Oberste Reichsbehoerde” [highest

Reich agency], but the execution of these powers was restricted to

special cases.

This appears from the three known decrees and from the explanation

thereof given by the witnesses. Moreover Karl Brandt was not given these

functions until 1944, when these experiments were practically finished,

as is shown by the time schedule submitted to the Tribunal for

comparison.

It has been proved that the defendant Karl Brandt himself in a broadcast

publicly called his position as Reich Commissioner that of a

“differential” (coordinator). In fact, Karl Brandt’s task was not to

order but to adjust; it was a task designed to fit his character.

We have also learned from the presentation of evidence that the

defendant Karl Brandt did not have the machinery at his disposal for

issuing orders which was necessary for a supreme Reich authority; he

lacked the staff and the means. No one who is acquainted with a

government administration will think it possible under these

circumstances that the defendant Karl Brandt might have been able to

enforce his point of view against the resistance of the old agencies; no

one will even think it probable that anything would have been done to

facilitate such an attempt of the “new master.”

Consequently, Karl Brandt’s position was not such as to justify the

conclusion drawn by the prosecution about his general knowledge. There

was no official channel by which everything had to come to his

knowledge, for he was not the superior of other authorities.

It is true that the defendant Karl Brandt was supposed to be informed

about fundamental matters, that he had the right to intervene, etc. But

these were only possibilities, not in conformity with conditions in

practice. We have seen that Conti opposed him and that Himmler

prohibited direct contact with Karl Brandt within his sphere.

Therefore, Karl Brandt can be brought into connection only with the

events in which he participated directly.

Here it is striking first of all that the defendant Karl Brandt, who is

supposed to have been the highest authority, appears only very rarely.

* * * * *

Now the prosecution endeavors to establish a connection of Karl Brandt

with the other experiments via the Reich Research Council. It is true

that one can establish such a connection theoretically on paper, but the

links of the chain break when one examines them closely. Only the head

of the specialized department [Fachspartenleiter] judged the so-called

research assignments, and he only investigated whether the aim was

necessary for war, not how the experiment was to be carried out. He

could not inform others of matters which he did not get to know himself.

The defendant Karl Brandt is charged further with not having protested

in one case when he heard about deaths caused by experiments on persons

sentenced to capital punishment in the well-known lecture on

sulfanilamide. I must point out that even if this experiment had been

inadmissible, silence would not be a crime for assent after the act is

without importance in criminal law and one can be connected with plans

and enterprises only as long as they have not come to an end.

Now the prosecution has introduced in its closing brief the new charge

by which it holds the defendant Karl Brandt responsible for negligence.

In this respect I should like to point out that no indictment for

negligence has been brought in and that the concept of a crime against

humanity committed by negligence cannot exist.

It will, therefore, be sufficient to emphasize that the alleged

negligence depends on the existence of an obligation of supervision and

the right to give orders through other agencies. In every state the

spheres of competency are separated and it is not possible for everyone

to interfere in everything because everyone is responsible for

everything.

The prosecution says that the defendant Karl Brandt ought to have used

his influence and have availed himself of his intimate relationship to

Hitler to stop the experiments. Even presuming that he was aware of the

facts as crimes, his guilt would not be of a legal but only of a

political or moral nature.

Till now nobody has been held criminally responsible for the conduct of

a superior or a friend; however, the Tribunal only has to consider the

question of criminal law.

But in fact these close relations did not exist; the defendant Karl

Brandt was the surgeon who had to be in attendance on Hitler; Dr.

Morell, the latter’s personal physician, soon tried to undermine the

confidence placed in Karl Brandt so that he was charged with commissions

which removed him farther and farther from the sphere of his medical

activity.

The alleged intimate relations were eventually crowned by the dictation

of a death sentence against Karl Brandt without his having been granted

even a consultation on the charges advanced against him.

* * * * *

_EXTRACTS FROM THE FINAL PLEA FOR DEFENDANT

SCHROEDER_[145]

* * * * *

Your Honors, a clear distinction must be made between the periods when

Professor Schroeder was not yet Chief of the Medical Service of the

Luftwaffe and the time when he held that office. We are concerned here

with the period from the beginning of 1940 to the end of 1943. During

that period Professor Dr. Schroeder was the leading medical officer of

Airfleet 2, and as such continually on service outside Germany. It was

only from 1 January 1944 onwards that he held the position of Chief of

Medical Service of the Luftwaffe.

This shows clearly that Professor Dr. Schroeder cannot be held

responsible for all experiments in concentration camps which were

carried out prior to 1 January 1944. His sphere of duties was confined

to the medical care of the airfleet units under him and he was without

any official points of contact with the Medical Inspectorate unless the

latter was competent for his position as an airfleet doctor.

To give a picture of Professor Schroeder’s duties at that time, I draw

attention to the fact that the personnel strength of Airfleet 2 amounted

to 200,000 to 300,000 men.

When dealing with Professor Schroeder’s responsibility for the

high-altitude experiments in Dachau, the prosecution had overlooked the

fact that at the time in question, Professor Schroeder was airfleet

doctor and maintained that during that time he was, after Professor Dr.

Hippke, the Medical Chief, the second highest medical officer of the

Luftwaffe. From that circumstance, the prosecution draws the inference

that Professor Schroeder, as the second highest medical officer, was the

obvious deputy for Hippke and, therefore, had to know about the most

important events concerning the Medical Inspectorate.

The defendant Professor Schroeder has in his defense proved beyond doubt

that he was not the most senior medical officer after Hippke and,

therefore, not Hippke’s deputy. As Generalarzt and Generalstabsarzt he

simply had the rank next to that of the Medical Chief, as did the other

five airfleet doctors. Above him in rank were two Generalstabsaerzte,

namely Generalstabsarzt Dr. Neumueller and Dr. Blaul. The former had his

office in Berlin and was in fact Hippke’s deputy if and when necessary.

Professor Dr. Schroeder has also refuted the further assumption of the

prosecution that his relations with Professor Dr. Hippke had been

particularly close, for which reason Hippke had informed him about the

high-altitude experiments. In particular the witness Dr. Augustinick,

Schroeder’s personal adjutant during his service as an airfleet doctor,

confirmed that relations between Hippke and Schroeder were extremely

tense and unpleasant and that they confined themselves to discussing

only the necessary things on the occasion of their highly infrequent

official meetings.

* * * * *

Your Honors, if one surveys the conduct of Professor Schroeder during

the entire period from 1940 until the end of the war, one will not be

able to find one single piece of evidence to show that Professor

Schroeder at any time or in any manner violated the duties which the

calling of a physician or medical ethics prescribed for him. In no

instance did he act in a manner which could not stand examination by a

court. One may well claim that he never disregarded the maxim of

Hippocrates “primum nil nocere,” but preserved it as a guiding principle

of his actions as a doctor and officer of the medical services of the

German Luftwaffe.

The prosecution has failed to prove that Schroeder ever ordered such an

experiment during the period of time covered by the charges of the

prosecution, or that he participated or had knowledge of any such

experiment. It has not even been proved that it was possible or

necessary for him to gain knowledge of such experiments. Professor

Schroeder has clearly explained why he could not gain such knowledge.

For the whole period of time from 1942 to the end of 1943 the

responsibility must rest on Professor Hippke, but not on Professor

Schroeder.

* * * * *

_EXTRACTS FROM THE FINAL PLEA FOR DEFENDANT

ROSTOCK_[146]

* * * * *

In the opening statement General Taylor said that the Reich Commissioner

for the Medical and Health System was to be regarded as the supreme

Reich authority. (_Tr. p. 19._) The emphasis on this word is confusing

and contradicts the authentic Document NO-082, Prosecution Exhibit 7

which states, “In this capacity his agency is a supreme Reich

authority.” In this decree, then, the word “the” is missing. But this is

most essential. For the decree signifies that it is one of many “supreme

Reich authorities,” whereas the type of expression chosen by General

Taylor must lead one to conclude that it was the only “supreme Reich

authority” in the Department of Health. But, as the evidence has shown,

this was not true. In his opening statement on 9 December 1946 (_Tr. p.

19_) General Taylor said: “Rostock’s position comprised the activities

of the medical societies, the medical universities, and the Reich

Research Council.”

During this trial none of the numerous German medical societies, with

the exception of Ahnenerbe, have been attacked. I want to point out here

that, first of all, the Ahnenerbe cannot be considered as a medical

society, as is proved beyond doubt by the plan of organization submitted

to this Tribunal. (_Sievers 2, Sievers Ex. 4_; _Sievers 3, Sievers Ex.

6_.) And let me point out that Rostock testified (_Tr. p. 3296_) that

during the war he did not know this society or even its name, and that

on 11 April 1947 the witness Sievers stated (_Tr. p. 5788_) that

Ahnenerbe’s medical institutes for scientific research of military value

were not subordinate to the Commissioner General for the Medical and

Health System, that means, were not subordinate to the office directed

by Rostock.

Neither were the medical universities subject to his supervision. They

were subordinate to the Reich Ministry of Education.

I shall deal with the Reich Research Council later on. First, I would

like to deal with the _Office for Science and Research_. As far as the

incorporation into the German state machinery of the Office of the

Commissioner General or the Reich Commissioner for the Medical and

Health Services is concerned, I refer to Dr. Servatius’ statements.

Without a doubt, the prosecution has gained the wrong impression of the

extent, actual activity, and influence on other agencies of the Office

for Science and Research.

Rostock has dealt with this question in detail during direct

examination. The Tribunal will certainly still have a recollection of

his statement. Rostock actually had no supervisory authority over

research work of the branches of the Wehrmacht and the SS.

Brandt’s, and thus also Rostock’s, commission did not comprise all

medical affairs but only special tasks as was testified quite clearly

here by the witness Lammers on 7 February 1947. (_Tr. p. 2667._) And the

assignment given Rostock did not include supervision of practical

research. (_Tr. p. 2449._) On 23 April 1947 Professor Rose quite

correctly described the situation in Germany (_Tr. p. 6300_) when he

said that the central planning of medical research in Germany is a

phantom born 1½ years after the end of the war. True, attempts were made

to correct the impossible situation created by the lack of a central

direction of science in Germany. Attempts were made but the leading

German politicians recognized the importance of science too late.

Germany did not have an institution with the competency and the

financial means of the American “Office of Scientific Research and

Development” under Dr. Vannevar Bush which, under the direction of the

same man, was taken over into the United States’ peace organization

under the name of “Joint Research and Development Board.” The

relationship of Rostock’s agency to the SS must be discussed briefly,

for all experiments which play a part in these proceedings were, after

all, carried out in concentration camps which came under the

jurisdiction of the SS. Rostock himself was never a member of the SS.

Apart from that, he had no other relations of any kind with the SS. When

the agency of the Commissioner General for the Medical and Health System

was created, Hitler, in the presence of Himmler, made it quite clear to

Karl Brandt that in his (Karl Brandt’s) capacity of Commissioner General

the SS was not his affair. (_Tr. p. 2324._) The practical execution of

this directive has been expressly confirmed by Genzken. (_Tr. p. 3780._)

Furthermore, the decree of 25 August 1944 (_NO-082, Pros. Ex. 7_), which

lists the agencies to which the Reich Commissioner for the Medical and

Health System could give directives, does not mention the SS. Genzken

also testified that no direct connections existed between Genzken’s and

Brandt’s offices. According to the numerous affidavits submitted by

Genzken (_Genzken 1, Genzken Ex. 3_; _Genzken 9, Genzken Ex. 9_;

_Genzken 6, Genzken Ex. 10_; _Genzken 8, Genzken Ex. 11_; _Genzken 3,

Genzken Ex. 12_; _Genzken 5, Genzken Ex. 13_; _Genzken 16, Genzken Ex.

14_; _Genzken 17, Genzken Ex. 15_; _Genzken 15, Genzken Ex. 16_) only

Grawitz was competent for scientific research within the SS. Genzken

also testified that Rostock never gave instructions in research affairs

to the SS. (_Tr. p. 3780._)

Gebhardt testified on 4 March that Grawitz was never subordinate to Karl

Brandt and that Brandt never even had the right to give directives to

Grawitz. (_Tr. p. 3977._) He testified further that Himmler wanted to

create a “science exclusively for the SS” and that the university people

had resisted that attempt. However, Rostock must quite definitely be

considered an exponent of university scientists. The proof for the

correctness of Himmler’s intention of a “science exclusively for the SS”

is contained in a letter, dated 22 September 1942, from SS

Gruppenfuehrer Berger to the Reich Leader SS. (_Karl Brandt 120, Karl

Brandt Ex. 35._)

When in the instruction of 15 May 1944 (_NO-919, Pros. Ex. 460_) Himmler

fixed the formalities for the carrying out of experiments on prisoners,

it was natural that the names of Rostock or Karl Brandt were not

mentioned in it. This instruction was not sent to Karl Brandt even for

information purposes as is revealed by the document itself. This should

be sufficient proof that Rostock had no influence on research activities

within the SS or the concentration camps. During discussion of the

individual experiments it has already been pointed out that he did not

even know of them.

In regard to research commissions given to the medical chiefs of the

Luftwaffe, Schroeder had claimed (_NO-449, Pros. Ex. 130_)—and during

cross-examination he was again reproached for this document (_Tr. p.

3695_)—that all research assignments had to go through Rostock’s

office. In his affidavit Schroeder testified that this was an erroneous

description. (_Rostock 11, Rostock Ex. 10._) In another interrogation on

27 February 1947 by Dr. Krauss (_Tr. p. 3695_) Schroeder expressly

confirmed the correctness of this affidavit. For it had only been agreed

that a carbon copy of the research commission given out would be sent to

Rostock. His approval of the assignment of commissions was not required.

The witness Wuerfler, too, confirmed this during his cross-examination

by Dr. Krauss on 19 February 1947. (_Tr. p. 3142._) And in his

affidavit, Becker-Freyseng testified that the Luftwaffe did not

commission Rostock’s office to carry out research by way of experiments

on human beings. (_Rostock 10, Rostock Ex. 9._)

During the hearing of evidence on 2 June 1947 in the case of

Becker-Freyseng, it was discussed in detail how research commissions

happened to come about, how reports were made on them and that the means

by which results were obtained were not prescribed; and that a real

control by the agency giving out the commissions was neither exercised

nor possible. I refer to the transcript which contains significant

testimony in this connection. (_Tr. pp. 8317, 8320, 8321, 8324-8326._)

And now I would like to turn to the problems connected with the _Reich

Research Council_. Here the prosecution has charged Rostock with

responsibility because from the beginning of 1944 on he was Brandt’s

deputy in his capacity as a member of the presiding council of this

body. The fact itself is not, but the responsibility, especially in the

sense of penal law or morals, must be denied. I deny the prosecution’s

assertion, leading up to Mr. McHaney’s statement of 10 December 1946

(_Tr. pp. 96 and 144_), that Rostock exercised a “supervisory control”

over the Reich Research Council or—on the occasion of submitting a

letter from Rascher about freezing experiments (_NO-432, Pros. Ex.

119_)—that the “Reich Research Council as a whole is implicated in a

criminal manner.”

The question of the Reich Research Council has been cleared up

sufficiently during the examinations of Karl Brandt, Rostock, Blome,

Sievers, as well as by the affidavits of the Chief of the Managing

Committee of the Reich Research Council, Mentzel. (_Rostock 13, Rostock

Ex. 12_; _Sievers 42, Sievers Ex. 43_.) As the crux emerges in this

connection the fact that those responsible for the assignment of

research commissions were, exclusively, the managers of the special

sections and their authorized agents and plenipotentiaries who in turn

were directly responsible to Hermann Goering.[147] Rostock was not among

them. The members of the presiding board had no supervisory duty over

and no right to issue directives to the managers of the special

sections.

The members of the presiding board were informed about research carried

out through the printed reports, the so-called “Red Booklets.” It can be

assumed “that the prosecution is in possession of these booklets. The

entire files of the Reich Research Council were handed over to the

American authorities by Professor Osenberg and some documents from these

files have been submitted during this trial.”

* * * * *

If the “Red Booklets” contained a single paragraph which could be used

to prove the prosecution’s claims, it can be assumed with certainty that

these booklets would have been submitted here. But this was not done.

From this the conclusion can be drawn with certainty that the members of

the Presiding Council of the Reich Research Council did not receive any

information about criminal experiments. And, as quoted before in this

connection, Mr. McHaney himself admitted during the cross-examination of

Rostock that he did not believe that, for example, Haagen informed the

Reich Research Council about his experiments in the concentration camps.

Haagen made detailed statements on the coming into being of research

commissions in general and, also in particular, on that of the

commissions he gave out, and on the right and the duty of control held

by the agency giving the commission. (_Tr. pp. 9417-9419._)

* * * * *

_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT

HANDLOSER_

* * * * *

It is the duty of the Inspector of the Army Medical Service, as Chief of

the Army Medical Service, to insure within the scope of his official

supervision that the intermediate superiors are able to perform their

duties. He also has to see to it that the military information and

report channels are well organized in order to guarantee the required

survey of the _whole_ complex and the reporting and immediate

investigation of unusual _individual_ cases. This requires the greatest

possible care in the _selection_ of the subordinate leading medical

officers, as well as periodic inspections to be carried out by the

officers selected.

Professor Handloser has submitted an affidavit to this Tribunal

concerning the reporting systems pertaining to military medical matters

of the Wermacht branches. (_Handloser 65, Handloser Ex. 62._)

This document reveals the exemplary organization of the Message and

Report Organization, including the sphere of the consulting expert

physicians. The handling of the reports on “special occurrences” seems

to me to be of special importance for the problem under discussion here.

It was a standing order for the whole Wehrmacht that every office,

including the offices of the medical service, had to report to the

superior office immediately and by the quickest method each occurrence

of each circumstance outside the bounds of normal events. (_Handloser

65, Handloser Ex. 62._)

Professor Handloser as Inspector of the [Army] Medical Service and

Surgeon General [Army Medical Chief (Heeresarzt)] was the Chief of the

Medical Service for all fronts and the zone of the interior and was

responsible to the Commander in Chief of the Army and to the Commander

of the Replacement Army. The 26,500 medical officers of the army were

subordinated to him. His field of office and the extent of his work

were, therefore, extremely wide.

To handle such a large field of work properly—in Handloser’s case it

also included the office of the Chief of Army Medical Service—a

division of labor had to be made into time, space, and facts. The

organization and the progress of work in the sphere of the Army Medical

Inspector and the Chief of the Army Medical Service was explained by

Professor Handloser in his affidavit. (_Handloser 29, Handloser Ex. 4._)

According to this the basic and most important questions were dealt with

and decided upon in any case by Professor Handloser as the chief of the

highest office. In this connection I refer to the testimony of Dr.

Wuerfler (_Tr. p. 3135_) and affidavit of Schmidt-Bruecken. (_Handloser

62, Handloser Ex. 58._) Special attention has to be paid here to

incoming mail (messages, reports, letters). In the Handloser affidavit

(_Handloser 29, Handloser Ex. 4_), the following is stated:

“All letters and packages, unless they were marked ‘secret’ or

‘top secret’ (Mil.) went to the registry. Here they were opened,

the date stamp was affixed by the registrar who simultaneously

marked the letter for delivery to the Chief of Staff, or to the

various section chiefs direct. The Chief of Staff in turn marked

those communications which were to be submitted to the medical

chief with a cross in colored pencil.

“Secret and top secret (Mil.) material was handled in a special

manner. This material was entered in a journal, and then

directed to the attention of the Chief of Staff who in turn

determined which documents were to be submitted to, or brought

to the attention of, the medical inspector immediately or after

they had been dealt with.”

This arrangement could be made without prejudicing a regular settlement

since the authorities in question were under the command of specially

qualified people (department chiefs) headed by the Chief of Staff who

supervised the daily business routine and was responsible for all

business matters.

With regard to Handloser it must be borne in mind that during the war he

was very rarely present in the head office (Berlin). Owing to

Handloser’s double function as an army doctor and Army Medical Chief,

and furthermore as a result of the division of the Army Medical

Inspectorate into two parts for the front and the zone of the interior,

Handloser necessarily had to spend most of his time at army headquarters

and at the front. He could only be present in Berlin for about one-tenth

of the time. (_Tr. p. 3135._) Furthermore, it became necessary to staff

the offices at home with specially qualified medical officers since they

had to act mainly on their own initiative in performing their tasks.

The Chief of Staff of the Army Medical Inspectorate, for instance, was a

Generalarzt; the chiefs of the individual departments were Oberstaerzte.

In order to do justice to the burden and the responsibility which

Handloser had been shouldering, one must visualize the tasks and scope

of work connected with the Medical Inspectorate. Owing to the war these

tasks had been intensified to the utmost limits, there was the expansion

of the theaters of operation and the personal problems of 26,500 medical

officers. One will also realize that Handloser could only attend to the

most important and the most basic problems.

The Chief of Staff and the departmental chiefs, as was their duty,

determined which matters were of sufficient basic and vital importance

to be referred for decision to the Army Medical Chief.

It must be considered most unlikely for the highest authority (i. e.,

the chief) of a large sphere of activity to have knowledge of all

happenings within this sphere.

Furthermore, actual facts do not confirm that the person exercising the

_highest powers_ of command within the military hierarchy of the army is

in some degree the originator of all orders executed by a subordinate in

his hierarchy. If an order has been issued, one must determine who of

all the supervising chiefs of the offices in this hierarchy is the

originator responsible, under criminal law, for this order. If _no_

special order was issued one must examine whether the incriminating

behavior on the part of the defendant personally was prompted by

circumstances within the scope of responsibility, under criminal law

(such as orders and regulations which rendered possible the criminal

behavior of a subordinate or appropriate consent to commit the criminal

offense, _before_ its initiation or its completion).

Only if the prosecution maintains and proves (_a_) that the behavior of

a subordinate constitutes a punishable offense, and (_b_) that _this_

action in particular was the result of an order issued by the superior,

or of his consent given prior to the offense, can the defendant be

charged as an abettor, offender, accomplice, or participator.

This exhausts all possible modes of behavior _prior_ to the criminal

offense. Whatever happened afterwards _cannot_ have any relevant bearing

on this legal evidence. This is _impossible_ since all causality is

lacking.

With regard to the question of a possible offense against the duties of

a supervisor, the following must be said: According to Art. 147 of the

German Military Penal Code “Whoever neglects to carry out the task

incumbent upon him of supervising his subordinates either intentionally

or through negligence” is liable to punishment. According to German

theory and judicial practice, the application of this law presupposes

the existence of a _direct_ relationship between superior and

subordinate.

If anything inadmissible or punishable happens in the sphere of duty

this might be attributed to the fact that the supervising official

neglected his duty, but it is also possible that it occurred through no

fault of the supervising official. In the first instance the supervising

official is liable to punishment according to Art. 147 of the Military

Penal Code; this, however, does not apply in the latter case. The

question only arises of whether in the former case the supervising

official has to answer _before criminal law_ for the action of his

subordinate. This must be answered in the negative. An offense against

the duties of service supervision constitutes in itself an offense. It

does _not_ automatically demand that the supervising official should be

punished for the criminal offense committed by the subordinate, for

according to the criminal laws of all civilized countries, a person can

only be made responsible before criminal law for an offense committed by

_himself_, i. e., if the supervising official can be considered an

accomplice or participant in the crime of a subordinate. Only _thus_ can

the passage of count one, 3 of the indictment be understood. This

provides for a responsibility before criminal law for others, “for whose

actions the defendants are responsible.”

The prerequisites for this case have been set forth above.

* * * * *

_The position of Professor Handloser as Chief of the Armed Forces Medical

Service_

* * * * *

The prosecution asserts that Handloser as Chief of the German Armed

Forces Medical Service had the _supreme supervision_ and _command_ of

the medical services of the three branches of the armed forces as well

as of the Waffen SS. This is a _fundamental_ error which is based on the

incomprehensible statement of the chief prosecutor in his opening

statement:

“Under the OKW came the High Commands of the three branches of

the Wehrmacht—the Navy (OKM), the Army (OKH), and the Air Force

(OKL).”

From the verdict of the IMT, I quote the following in regard to the

Chief of the Supreme Command of the Armed Forces (OKW) who was the

superior of the defendant Handloser:

“Keitel [as Chief of the Supreme Command of the Armed Forces]

did not have command authority over the three Wehrmacht branches

* * *.”[148]

From this the prosecution should have drawn the logical conclusion that,

if the superior of Handloser, Keitel, had no powers of command over the

three branches of the armed forces and their supreme commanders, then

Professor Handloser, as his subordinate, also could have had no powers

of command over the medical chiefs attached to the staff of the supreme

commanders. The evidence has corroborated this. (_Tr. pp. 2860-3,

3129-30, 3219, 3557._)

The prosecution refers for proof of the contrary only to the statement

of the former Air Force Chief Hippke in another trial. According to that

Hippke is supposed to have testified that Professor Handloser had been

his _professional_ superior. The incorrectness of this statement is

proved by the opposing testimonies given under oath by Professor Dr.

Schroeder who succeeded Hippke and of Generalarzt Dr. Hartleben (_Tr.

pp. 3219-20, 3225_), as well as of Generalarzt Dr. Wuerfler (_Tr. pp.

3129-30_). The evidence submitted, combined with the contents of the

decree of 1942, has shown that it was the duty of the Chief of the Armed

Forces Medical Service to direct the adjustment of _personnel_ and

_material_ affairs within the branch of the armed forces as is evidenced

by the first sentence of the decree. Within the scope of this sphere of

duties, Professor Handloser was charged with the combination or—as it

was generally called—the coordination of all _common_ problems in the

field of the Armed Forces Medical Service. The task of coordination

given Professor Handloser did not mean that thereby all common problems

automatically _came under his jurisdiction_. It was rather his duty to

examine _which_ part of the immense medical service was suitable for

coordination. Generalarzt Dr. Wuerfler has aptly called this a “program

of future fields of endeavor”. In this connection see also Professor

Schroeder (_Tr. pp. 3557, 3558_). Whenever Handloser thought that a

certain department was suitable for coordination, he tried to reach an

agreement with the medical chiefs of the branches of the armed forces;

for since he had no powers of command, the coordination could only take

place in conjunction with the medical chiefs. After coordination had

been accomplished, he was empowered to issue “directives” in this field

which did not have the character of an order. Hartleben replies to the

question of my colleague Dr. Steinbauer:

“Directives give general guiding principles, an order must be

carried out to the letter.”

Wuerfler expresses the same in the following manner:

“A superior has the authority to give orders. One can only speak

of a right to issue directives where there exists no authority

to give orders and no relationship of superiority.”

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 479 / 486 题