We have no doubt but that Karl Brandt—as he himself testified—is a

sincere believer in the administration of euthanasia to persons

hopelessly ill, whose lives are burdensome to themselves and an expense

to the state or to their families. The abstract proposition of whether

or not euthanasia is justified in certain cases of the class referred to

is no concern of this Tribunal. Whether or not a state may validly enact

legislation which imposes euthanasia upon certain classes of its

citizens is likewise a question which does not enter into the issues.

Assuming that it may do so, the Family of Nations is not obligated to

give recognition to such legislation when it manifestly gives legality

to plain murder and torture of defenseless and powerless human beings of

other nations.

The evidence is conclusive that persons were included in the program who

were non-German nationals. The dereliction of the defendant Brandt

contributed to their extermination. That is enough to require this

Tribunal to find that he is criminally responsible in the program.

We find that Karl Brandt was responsible for, aided and abetted, took a

consenting part in, and was connected with plans and enterprises

involving medical experiments conducted on non-German nationals against

their consent, and in other atrocities, in the course of which murders,

brutalities, cruelties, tortures and other inhumane acts were committed.

To the extent that these criminal acts did not constitute war crimes

they constituted crimes against humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION

Under count four of the indictment Karl Brandt is charged with being a

member of an organization declared criminal by the judgment of the

International Military Tribunal, namely, the SS. The evidence shows that

Karl Brandt became a member of the SS in July 1934 and remained in this

organization at least until April 1945. As a member of the SS he was

criminally implicated in the commission of war crimes and crimes against

humanity, as charged under counts two and three of the indictment.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Karl Brandt guilty,

under counts two, three, and four, of the indictment.

HANDLOSER

Under counts two and three of the indictment the defendant Handloser is

charged with special responsibility for, and participation in,

High-Altitude, Freezing, Malaria, Lost (Mustard) Gas, Sulfanilamide,

Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea-Water,

Epidemic Jaundice, and Typhus Experiments.

The charge of participation in the high-altitude experiments has been

abandoned by the prosecution, and hence will not be considered further.

Handloser was a professional soldier, having been commissioned in the

Medical Department of the German Army in 1910. During the First World

War he rose to the position of commanding officer of a division medical

unit, and on 1 September 1939 he was appointed Chief Medical Officer of

the 14th German Army. After service in the field, on 6 November 1940 he

was appointed Deputy Army Medical Inspector. He became Army Medical

Inspector on 1 January 1941, and the following April was given the

additional appointment of Chief Medical Officer of the field forces,

holding both positions until 28 July 1942, when he became Chief of the

Wehrmacht Medical Service. He retained also his other appointment and

performed the duties of both positions. He was retained in his position

as Chief of the Wehrmacht Medical Service on 1 September 1944, but

relieved of the duties pertaining to the other office which he had

theretofore held, he having exercised the functions of both offices

until the date last mentioned. His professional career is more

particularly described above.

Handloser states that prior to his last appointment in 1944 he was

authorized to issue “instructions,” but not orders—testifying that

after his latest appointment he had authority to issue orders to the

chiefs of the medical services of all branches of the Wehrmacht. He also

had jurisdiction over scientific medical institutes, etc., as designated

by the service regulations promulgated at the time of his last

appointment. While the chief medical officers of the army, navy, and

Luftwaffe were under their appropriate military superiors, Handloser had

authority to coordinate the activities of all the Wehrmacht medical

services and to establish their coordinated action. As to the Waffen SS,

his authority extended only to such units of that organization as were

attached to and made part of the Wehrmacht.

Handloser testified that the utilization of medical material and

personnel were, insofar as the Wehrmacht was concerned, within his

jurisdiction after the entry of the decree of 28 July 1942, and that

upon occasion he called meetings of the chief medical officers of the

Wehrmacht and specialists in appropriate fields of medicine, in an

effort to avoid duplication of certain research problems in connection

with malaria, typhus, paratyphus, and cholera.

As Army Medical Inspector he was also _ex officio_ president of the

Scientific Senate, but testified that this body did not meet after 1942.

As an army physician he denied any special knowledge concerning

scientific problems peculiarly affecting the navy or the Luftwaffe; but

on an organization chart prepared by him and received in evidence as

Prosecution Exhibit 9 he is shown as subordinated to Karl Brandt and as

Chief of the Medical Service of the Wehrmacht occupying the position of

superior over the Army Medical Service and the chiefs of the Medical

Services of the Navy and Luftwaffe and certain other subordinate

agencies pertaining to the Wehrmacht. The chart also indicates his

authority over the Chief of the Medical Office [Service] of the Waffen

SS and components of the Waffen SS when attached to the Wehrmacht.

It appears that Handloser had much to do in connection with the calling

of meetings of the “Consulting Physicians”; that he designated some of

the subjects to be discussed at these meetings; and that his

subordinate, Schreiber, arranged the details.

At the Second Meeting of Consulting Surgeons held 30 November to 3

December 1942 at the Military Medical Academy, he addressed those

present (referring to the meeting as “This Second Work Conference

East”), observing that representatives of the three branches of the

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

Organization Todt, were also present. He called attention to the

presence of Conti, Head of the Medical Services in the Civilian Sector.

At the Fourth Meeting of Consulting Physicians held at Hohenlychen, 16

to 18 May 1944, Karl Brandt—in addressing the meeting—said that

Handloser, a soldier and a physician, was “responsible for the use and

the performance of our medical officers”.

Schreiber, until 30 May 1943 a close subordinate of Handloser in his

capacity of Army Medical Inspector, was a member of the Reich Research

Council, paying particular regard to the control of epidemics as his

special field. Schreiber frequently reported to Handloser, with whom he

had worked for some years.

FREEZING EXPERIMENTS

Professor Dr. Holzloehner, who with Drs. Finke and Rascher performed

freezing experiments on concentration camp inmates at Dachau, made

reports on at least two occasions to groups of army physicians

concerning cold and freezing problems. The first such report was made at

a meeting held on 26 to 27 October 1942, which was called to consider

problems concerning cold. Schreiber, who held a responsible position

under Handloser from 1 April 1942 to 31 May 1943, was present at this

meeting, as was Craemer, head of the Mountain Medical School of the army

at St. Johann, which was also under Handloser’s jurisdiction. During the

meeting and after Holzloehner had made his report, Rascher also made

statements before the meeting concerning these experiments, from which

it was obvious that statements contained in the reports were based upon

observations made by experimenting on human beings. From the two reports

it was clear that concentration camp inmates had been experimented upon

and that some deaths had resulted.

Holzloehner was invited to lecture again upon this subject at the Second

Meeting of the Consulting Physicians of the Wehrmacht, held 30 November

to 3 December 1942, at the Military Medical Academy at Berlin. Handloser

heard this talk by Holzloehner and testified that the matter of cold and

freezing was one of the most important problems to the army.

We think it manifestly clear from the evidence dealing with freezing

that Handloser had actual knowledge that such experiments had been

conducted upon inmates at Dachau concentration camp, during the course

of which suffering and deaths had resulted to the experimental subjects.

SULFANILAMIDE EXPERIMENTS

Handloser is charged with participation in the sulfanilamide experiments

conducted by the defendant Gebhardt. These experiments were conducted at

Ravensbrueck concentration camp during a period extending from 20 July

1942 to August 1943 upon concentration camp inmates without their

consent. While these experiments were still in progress Gebhardt was

invited to present a report on his research findings at the Third

Meeting of the Consulting Physicians held on 18 and 19 May 1943, at the

Military Medical Academy in Berlin. Handloser was present at that

meeting; in fact, he had addressed the meeting prior to Gebhardt’s

giving his report.

As stated elsewhere, Gebhardt made a frank and candid report of what he

had been doing at Ravensbrueck; honestly telling the group that his

experimental subjects were not volunteers but were concentration camp

inmates condemned to death, who had been given the hope of reduction of

sentence should they survive the experiments. By means of charts to

illustrate his lecture, he made it clear that deaths had occurred among

the human subjects. When on the witness stand, the defendant Gebhardt

testified that prior to the meeting of consulting physicians he had

discussed with either Schreiber or the defendant Rostock the subject

matter of the lecture to be given, and that at that time Schreiber had

stated that he had received data concerning the experiments through

official channels.

At that time Schreiber was a direct subordinate of the defendant

Handloser, and we think it may be fairly assumed that Schreiber’s

knowledge was the knowledge of Handloser. However, be that as it may,

the evidence is clear that Handloser heard the lecture by Gebhardt, as

well as a subsequent lecture on the same subject matter given by the

defendant Fischer. There can be no question, therefore, but that when

Handloser came away from the meeting he was fully informed of the fact

that medical experiments were being conducted in Ravensbrueck

concentration camp with inmates who were nonvolunteers. Moreover, he

knew that deaths had occurred among the experimental subjects.

After the meeting of consulting physicians had ended, Gebhardt returned

to Ravensbrueck and conducted several more series of sulfanilamide

experiments. The subjects used for the later experiments were Polish

women who had been condemned to Ravensbrueck without trial, and who did

not give their consent to act as experimental subjects. Three of these

were killed by the experiments.

TYPHUS EXPERIMENTS

Under counts two and three of the indictment Handloser is charged with

special responsibility for, and participation in, typhus experiments

conducted in the Buchenwald concentration camp which were supervised by

a certain Dr. Ding, and like experiments conducted in the Natzweiler

concentration camp by a certain Dr. Haagen. As shown elsewhere in the

judgment, these experiments were unlawful and resulted in deaths of

non-German nationals.

There can be no question but that in 1941 typhus was a potential menace

to the German Army and to many German civilians. The use of an adequate

typhus vaccine was therefore a matter of prime importance. The

distribution of vaccines to the Wehrmacht was within the control of

Handloser. In the exercise of his functions he was also interested in

typhus vaccine production.

The Typhus and Virus Institutes of the OKH at Cracow [Krakow] and

Lemberg [Lvov] were engaged in the production of the Weigl vaccine from

the intestines of lice. This vaccine was thought to be effective, but

the production procedure was complicated and expensive; hence,

sufficient quantities of this vaccine could not be furnished. Another

vaccine—the so-called Cox-Haagen-Gildemeister vaccine, produced from

egg-yolk cultures—could be quickly produced in large quantities, but

its protective qualities had not been sufficiently demonstrated.

Evidence is before the Tribunal that the general problem was discussed

at a meeting held in Berlin, 29 December 1941, attended by Dr. Bieber of

the Ministry of Interior; Gildemeister; Dr. Scholz, a subordinate of

Handloser; two physicians of the “governing body of the Government

General”; and three representatives of the Behring Works. It is stated

in the minutes of this conference that—

“The vaccine which is presently being produced by the Behring

Works from chicken eggs shall be tested for its effectiveness in

an experiment.”

For the purpose above referred to, Dr. Demnitz of the Behring Works

would contact Dr. Mrugowsky. The minutes of the meeting were prepared by

Bieber, under date 4 January 1942.

A copy of the minutes of the meeting last referred to was forwarded to

the Army Medical Inspectorate at Berlin. It thus appears that a

representative of Handloser’s office, Scholz, attended the meeting, and

that a copy of the minutes was forwarded to the Army Medical

Inspectorate.

There is also evidence that on the same day a conference was held

between the defendant Handloser, Conti of the Ministry of Interior,

Reiter of the Health Department of the Reich, Gildemeister of the Robert

Koch Institute, and the defendant Mrugowsky, at which time it was

decided to establish a research station at Buchenwald concentration camp

to test the efficacy of the egg-yolk, and other vaccines on

concentration camp inmates. As a result of the conference an

experimental station was established at Buchenwald under the direction

of Dr. Ding, with the defendant Hoven acting as his deputy.

Inasmuch as some of this information comes from Prosecution Exhibit 287,

referred to as the “Ding Diary”, a discussion of the document is now

appropriate.

Dr. Ding (who later changed his name to Schuler) was a very ambitious

man who was apparently willing to engage in any professional activity

which he thought might further his medical career. He gladly seized upon

the opportunity to conduct experiments on concentration camp inmates in

connection with the vaccine study.

Every German officer holding a position comparable to that held by Dr.

Ding was required to keep a journal or diary showing his official

activities. It appears that Ding kept two diaries. Ding’s personal diary

containing official and personal entries and work reports has

disappeared; his official log or journal concerning his work at

Buchenwald is the document in evidence. This diary was kept by one Eugen

Kogon, an inmate at Buchenwald. He made the actual entries and Ding

verified and signed them.

Kogon, an Austrian subject, testified for the prosecution. We learn from

his testimony that he was a former newspaper editor and held other

highly responsible positions. He was sent by the German authorities to

Buchenwald in 1939 as a political prisoner. In April 1943 he was

assigned to Ding as a clerk or assistant. For many months prior to that

time, however, he had been on extremely friendly terms with Ding and as

a consequence was completely familiar with Ding’s operations. Indeed, so

close was the attachment that during the first half of the year 1942

Ding had dictated the first portion of the diary which is in evidence,

and Kogon had transcribed it. After officially becoming Ding’s assistant

in 1943 all correspondence of every nature with which Ding was concerned

passed through the hands of Kogon.

The diary came into Kogon’s possession at the breaking up of the camp,

and remained in his possession, as he testified, until he delivered it

to the Office of Chief of Counsel for War Crimes at Nuernberg.

It is manifest that the entries in the diary were often not made on the

day they bear date; but this does not mean that it has no probative

value. Almost every entry in the diary is personally signed by Ding.

Time and again the entries in the diary have been corroborated by other

credible evidence. The defendants themselves who were familiar with

operations at Buchenwald have confirmed the entries in important

essential particulars. We consider the diary as constituting evidence of

considerable probative value, and shall give to the entries such

consideration as under all circumstances they are entitled to receive.

The first entry in the Ding diary, under date of 29 December 1941, reads

as follows:

“Conference between Army Sanitation Inspection [Inspector],

General Chief Surgeon Professor Dr. Handloser; State Secretary

for the Department of Health of the Reich, SS Gruppenfuehrer Dr.

Conti; President Professor Reiter of the Health Department of

the Reich; President Professor Gildemeister of the Robert Koch

Institute (Reich Institution to Combat Contagious Diseases) and

SS Standartenfuehrer and Lecturer (Dozent) Dr. Mrugowsky of the

Institute of Hygiene, Waffen SS, Berlin.

“It has been established that the need exists, to test the

efficiency of, and resistance of the human body to, the typhus

serum extracted from egg yolks. Since tests on animals are not

of sufficient value, tests on human beings must be carried out.”

This entry preceded by only a few days the actual commencement of the

experiments on concentration camp inmates to determine the efficiency of

the egg-yolk vaccine.

It seems certain that the foregoing entry in the Ding diary was written

or rewritten at some date later than that which it bears, but the entry

may be accepted as evidence of probative value to the fact that it was

agreed by some persons in authority that experiments with vaccine

prepared from egg yolks be made on concentration camp inmates at

Buchenwald. The next entry in the diary bears date 2 January 1942, and

reads as follows:

“The concentration camp Buchenwald is chosen for testing the

typhus serums. SS Hauptsturmfuehrer Ding is charged with these

tests.”

Handloser testified that many conferences concerning typhus vaccine took

place and that he was interested in the testing of chicken-egg vaccine

“on a sufficient number of persons in a certain vicinity, that is,

within an area where typhus had already occurred or there was imminent

danger existing.” He also testified that during the summer of 1941 he

met Mrugowsky, who was recommended to him by Schreiber, Handloser’s

subordinate. He also testified that he discussed the matter of the

chicken-egg vaccines with Gildemeister and Conti. Handloser testified

that he was present at many conferences, both at the front and in rear

echelons, where such matters were discussed. Mrugowsky, in a letter

dated 5 May 1942, reported to Eyer (who was a subordinate of Handloser)

of the Typhus and Vaccine Institute of the High Command at Cracow

[Krakow], describing the results of the first series of experiments

carried out in Buchenwald. The experiments covered both the Weigl and

egg-yolk vaccines. This report called attention to the fact that two

experimental subjects had died.

An entry in the Ding diary dated 8 February 1943 states that Dr. Eyer

and Dr. Schmidt, a hygienist on the staff of the Medical Inspectorate,

visited the Typhus and Virus Institute at Buchenwald. Schmidt, a

subordinate of Handloser from 1942 until August 1944, stated that he and

Eyer had visited Buchenwald. He testified that his visit was concerned

only with yellow fever vaccine tests which were being carried out at

that station. This statement by the witness is not convincing. From the

Ding diary it appears that infected lice were received by Ding prior to

30 November 1942. If this is correct, these lice could have come only

from an institute under control of the army over which Handloser had

jurisdiction.

Ding reported on his activities at the meeting of the Consulting

Surgeons of the Wehrmacht held in May 1943 in Berlin. Handloser was

present at that meeting but may not have heard the report, the report

having been made to the hygiene section, which was presided over by

Schreiber, Handloser’s subordinate. Defendant Rose, having heard the

report, openly objected to the character of the experiments carried out

at Buchenwald. Schreiber, then, had full knowledge of the nature of the

experiments there carried on. Rose’s vigorous objection was doubtless a

subject of general interest.

Handloser testified that on at least two occasions he discussed with

Mrugowsky matters connected with vaccines against typhoid, typhus and

other diseases. He stated that he was unable to fix the dates of these

conferences.

The entries in the Ding diary clearly indicate an effective liaison

between the Army Medical Inspectorate and the experiments which Ding was

conducting at Buchenwald. There is also credible evidence that the

Inspectorate was informed of medical research carried on by the

Luftwaffe. The experiments at Buchenwald continued after Handloser had

gained actual knowledge of the fact that concentration camp inmates had

been killed at Dachau as the result of freezing; and that inmates at

Ravensbrueck had died as victims of the sulfanilamide experiments

conducted by Gebhardt and Fischer. Yet with this knowledge Handloser in

his superior medical position made no effort to investigate the

situation of the human subjects or to exercise any proper degree of

control over those conducting experiments within his field of authority

and competence.

Had the slightest inquiry been made the facts would have revealed that

in vaccine experiments already conducted at Buchenwald, deaths had

occurred—both as a result of artificial infections by the lice which

had been imported from the Typhus and Virus Institute of the OKH at

Cracow [Krakow] or Lemberg [Lvov], or from infections by a virulent

virus given to subjects after they had first been vaccinated with either

the Weigl, Cox-Haagen-Gildemeister, or other vaccines, whose efficacy

was being tested. Had this step been taken, and had Handloser exercised

his authority, later deaths would have been prevented in these

particular experiments which were originally set in motion through the

offices of the Medical Inspectorate and which were being conducted for

the benefit of the German armed forces.

These deaths not only occurred with German nationals, but also among

non-German nationals who had not consented to becoming experimental

subjects.

OTHER EXPERIMENTS

The defendant Handloser is also charged with special responsibility for,

and participation in, Malaria, Lost Gas, Bone, Muscle and Nerve

Regeneration and Bone Transplantation, Sea-Water, and Epidemic Jaundice

Experiments. In our view the evidence is insufficient to show any

criminal connection of the defendant Handloser with regard to these

experiments.

The law of war imposes on a military officer in a position of command an

affirmative duty to take such steps as are within his power and

appropriate to the circumstances to control those under his command for

the prevention of acts which are violations of the law of war. The

reason for the rule is plain and understandable. As is pointed out in a

decision rendered by the Supreme Court of the United States, entitled

Application of Yamashita, 66 Supreme Court [Reporter] 340-347, 1946—

“It is evident that the conduct of military operations by troops

whose excesses are unrestrained by the orders or efforts of

their commander would almost certainly result in violations

which it is the purpose of the law of war to prevent. Its

purpose to protect civilian populations and prisoners of war

from brutality would largely be defeated if the commander of an

invading army could with impunity neglect to take reasonable

measures for their protection. Hence the law of war presupposes

that its violation is to be avoided through the control of the

operations of war by commanders who are to some extent

responsible for their subordinates.”

What has been said in this decision applies peculiarly to the case of

Handloser.

In connection with Handloser’s responsibility for unlawful experiments

upon human beings, the evidence is conclusive that with knowledge of the

frequent use of non-German nationals as human experimental subjects, he

failed to exercise any proper degree of control over those subordinated

to him who were implicated in medical experiments coming within his

official sphere of competence. This was a duty which clearly devolved

upon him by virtue of his official position. Had he exercised his

responsibility, great numbers of non-German nationals would have been

saved from murder. To the extent that the crimes committed by or under

his authority were not war crimes they were crimes against humanity.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Siegfried Handloser

guilty under counts two and three of the indictment.

ROSTOCK

The defendant Rostock is charged under counts two and three of the

indictment with special responsibility for, and participation in,

Malaria, Lost (Mustard) Gas, Sulfanilamide, Bone, Muscle and Nerve

Regeneration and Bone Transplantation, Sea-Water, Epidemic Jaundice, and

Spotted Fever Experiments.

Rostock was a physician of recognized ability. From 1933 to 1941 he

occupied successively the positions of senior surgeon of the Surgical

Clinic in Berlin, Professor of Surgery of the University of Berlin, and

Deputy Director of the University Clinic. In 1941 he was appointed

Director of the Surgical Clinic, and in 1942 he became Dean of the

Medical Faculty of the University of Berlin. Prior to the war he had

joined the NSDAP, and in 1939 he was assigned to military duty as a

consulting surgeon. In 1942 he was appointed consulting surgeon to the

Army Medical Inspectorate and was subordinate to the Military Medical

Academy in Berlin. He attained the rank of brigadier general, medical

department (reserve). In 1943 he was appointed Chief of the Office for

Medical Science and Research, a department under the supervision of

defendant Karl Brandt, in which position Rostock remained until the end

of the war. From the time he received the last mentioned appointment,

Rostock acted as Brandt’s deputy on the Reich Research Council.

As Karl Brandt’s deputy Rostock was his agent in the field of medical

science and research—Rostock being charged with the duty of

coordinating and directing problems and activities concerning the

medical health service insofar as science and research were concerned.

Rostock was informed concerning medical research conducted by the

several branches of the Wehrmacht. As head of the Office for Science and

Research, he assigned research problems and designated some as “urgent”.

It was his duty to avoid duplication of work in scientific research and

to decide whether or not a suggested problem was worthy of a research

assignment. It is clear that Rostock and Karl Brandt were intimate

friends of years standing.

The prosecution does not contend that Rostock personally participated in

criminal experiments. It vigorously argues, however, that—with full

knowledge that concentration camp inmates were being experimented

upon—he continued to function upon research assignments concerning

scientific investigations, the result of which would probably further

experiments upon human beings. The prosecution then argues that his

knowledge concerning these matters, considered together with the

position of authority which he occupied in connection with scientific

research and the fact that he failed to exercise his authority in an

attempt to stop or check criminal experiments, renders him guilty as

charged.

In this connection the prosecution relies upon its Exhibit 457, a

document which bears date at Berlin, 14 September 1944. It is headed,

“Commissioner for Medical and Health Matters,” followed by “The Delegate

for Science and Research.” Below appears:

“List of medical institutes working on problems of research

which were designated as urgent by the discussion on research on

26 August 1944 in Beelitz.

“(Summary according to the 650 orders for research submitted to

us.)”

The document then contains a list of research assignments numbered “1”

to “45.” Numbers 42 and 44 read as follows:

“_Strasbourg_

“42. Hygiene Institute (Haagen) virus research

* * * * *

“44. Anatomical Institute (Hirt) Chemical warfare agents.”

The document bears Rostock’s signature. Five of the problems concern

hepatitis research, and three, virus research.

It appears from the evidence that Rostock’s duties included the

avoidance of duplication in the distribution of assignments for medical

research. If the head of the medical department of a branch of the

Wehrmacht assigned to some particular physician or institute a

particular scientific or medical problem, a copy of the assignment would

be forwarded to Rostock, who would then coordinate the matter by

ascertaining whether or not that assignment was being worked on by some

other agency or whether it would lead to worthwhile results. Who

classified as “urgent” the 45 of the 650 orders for research does not

appear; but it may be assumed that Rostock approved that classification.

Doubtless Rostock knew that experiments on concentration camp inmates

were being conducted. He presided over the meeting of surgeons held in

May 1943, and there heard statements that experimental subjects had been

artificially infected. Doubtless he knew that the experiments were

dangerous and that further experiments would probably be conducted.

However, it does not appear that either Rostock or any subordinate of

his directed the work done on any assignment concerning criminal

experiments. Certain of these experiments were classified as “urgent” at

a “discussion on research” as above set forth. Nothing in the

designation of any such assignment as appears in Prosecution Exhibit 457

contains on its face anything more than a matter of proper scientific

investigation.

The record does not show that the position held by Rostock vested in him

any authority whatsoever other than as above stated. No experiments were

conducted by any person or organization which was to the least extent

under Rostock’s control or direction.

CONCLUSION

Military Tribunal I finds and adjudges that the defendant Paul Rostock

is not guilty as charged under the indictment, and directs that he be

released from custody under the indictment when this Tribunal presently

adjourns.

SCHROEDER

The defendant Schroeder is charged under counts two and three of the

indictment with special responsibility for, and participation in,

High-Altitude, Freezing, Sulfanilamide, Sea-Water, Epidemic Jaundice,

Typhus and other vaccines, and Gas Experiments. The prosecution has

abandoned the charge that he participated in the sulfanilamide

experiments and hence that subject will not be considered further.

The defendant served as a medical officer with the infantry during the

First World War. In the period prior to 1931 he was attached as medical

officer to a number of military units. On 1 January 1931 he was

transferred to the Army Medical Inspectorate as a consultant (Referent)

on hospital matters and therapeutics with the rank of Oberstabsarzt

(major). In 1935 Schroeder became chief of staff to Generalarzt Hippke

in the newly established Medical Department of the Reich Ministry for

Aviation. He retained this position after Hippke was made Inspector of

the Medical Service of the Luftwaffe in 1937. In February 1940 Schroeder

was appointed air fleet physician for Air Fleet II with the rank of

Generalstabsarzt (major general). On 1 January 1944 he replaced Hippke

as Chief of the Medical Service of the Luftwaffe. Simultaneously he was

promoted to Generaloberstabsarzt (lieutenant general), which was the

highest rank obtainable in the medical services. As Chief of the Medical

Service of the Luftwaffe, all medical officers of the German Air Force

were subordinated directly or indirectly to Schroeder. After he became

Chief of the Medical Service of the Luftwaffe his immediate superior was

Handloser, who was Chief of the Medical Service of the Wehrmacht.

HIGH-ALTITUDE EXPERIMENTS

These experiments were performed at Dachau concentration camp for the

benefit of the Luftwaffe during the year 1942. Details of the

experiments are discussed in other portions of this judgment.

During the period from 1941 to the end of 1943 the defendant Schroeder,

in his position as air fleet physician of Air Fleet II, was in the

operational zone of Air Fleet II, which comprised the Mediterranean

area. He did not become Chief of the Medical Service of the Luftwaffe

until 1 January 1944. There is no evidence that while air fleet

physician he exercised or could have exercised any control over

experiments then being conducted for the benefit of the Luftwaffe.

EPIDEMIC JAUNDICE EXPERIMENTS

Schreiber, a member of Handloser’s staff, who presided over a conference

held in Breslau in June 1944 for the purpose of co-ordinating jaundice

research, assigned groups of physicians to work together on jaundice

problems. Dohmen, Gutzeit, and Haagen were assigned to one of these

groups. On 27 June 1944 Haagen, a Luftwaffe officer, wrote his

collaborator Kalk, a consultant to Schroeder, asking, “Could you in your

official position take the necessary steps to obtain the required

experimental subjects?”

The record shows that Haagen subsequently conducted epidemic jaundice

experiments on prisoners at Natzweiler concentration camp. There is no

evidence, however, to establish Schroeder’s criminal connection with

these experiments. At most, all that can be said for this evidence is

that Schroeder may have gained knowledge of the experiments through

Kalk, a member of his staff—but even that fact has not been made plain.

FREEZING EXPERIMENTS

Freezing experiments were carried out at Dachau concentration camp for

the benefit of the Luftwaffe, during the year 1942. Details of these

experiments are discussed elsewhere in this judgment.

It is conclusively shown from the evidence dealing with freezing that as

early as the year 1943 Schroeder had actual knowledge that such

experiments had been conducted upon inmates at Dachau concentration

camp, during the course of which suffering and deaths had resulted to

the experimental subjects.

TYPHUS EXPERIMENTS

Experiments in connection with typhus were conducted at Schirmeck and

Natzweiler concentration camps during the years 1942, 1943, and 1944.

The details of these experiments are discussed elsewhere in this

judgment.

The experiments were carried out by a Luftwaffe medical officer,

Professor Dr. Haagen. As a medical officer of the Luftwaffe he was

subject to Schroeder’s orders after the latter became Chief of the

Medical Service of the Luftwaffe. The office of Schroeder issued and

approved the research assignments pursuant to which these experiments

were carried out. It provided the funds for the research. One of the

chief collaborators in the program was the defendant Rose, consultant to

the Chief of the Medical Service of the Luftwaffe.

Correspondence was carried on between Haagen and the Chief of Staff for

the defendant Schroeder with reference to whether a typhus epidemic

prevailing at Natzweiler was connected in any manner with the vaccine

research then being conducted. The office of the Chief of the Medical

Service of the Luftwaffe received reports on the experiments from which

it could be clearly perceived that typhus vaccine experiments were being

performed on concentration camp inmates.

While the experiments were in progress, Schroeder admits having visited

Haagen at Strasbourg, but denies that he talked with Haagen about the

experiments. The defendant’s assertion that the experiments were not

discussed does not carry conviction.

As has been pointed out in this judgment, the law of war imposes on a

military officer in a position of command an affirmative duty to take

such steps as are within his power and appropriate to the circumstances

to control those under his command for the prevention of acts which are

violations of the law of war.

This rule is applicable to the case of Schroeder. At the time he became

Chief of the Medical Service of the Luftwaffe, Schroeder knew of the

fact that freezing experiments for the benefit of the Luftwaffe had been

carried out at Dachau concentration camp by Luftwaffe medical officers.

He knew that through these experiments injury and death had resulted to

the experimental subjects. He also knew that during the years 1942 and

1943, typhus vaccine research had been carried out by the Luftwaffe

officer, Haagen, for the benefit of the Luftwaffe Medical Service, at

Natzweiler and Schirmeck concentration camps—and had he taken the

trouble to inquire, he could have known that deaths had occurred as a

result of these experiments.

With all this knowledge, or means of knowledge, before him as commanding

officer, he blindly approved a continuation of typhus research by

Haagen, supported the program, and was furnished reports of its

progress, without so much as taking one step to determine the

circumstances under which the research had been or was being carried on,

to lay down rules for the conduct of present or future research by his

subordinates, or to prescribe the conditions under which the

concentration camp inmates could be used as experimental subjects.

As was the case with reference to the freezing experiments at Dachau,

non-German nationals were used as experimental subjects, none gave their

consent, and many suffered injury and death as a result of the

experiments.

GAS EXPERIMENTS

Experiments with various types of poison gas were performed by Luftwaffe

Officer Haagen and a Professor Dr. Hirt in the Natzweiler concentration

camp. They began in November 1942 and were conducted through the summer

of 1944. During this period a great many concentration camp inmates of

Russian, Polish, and Czech nationality were experimented on with gas, at

least 50 of whom died. A certain Oberarzt Wimmer, a staff physician of

the Luftwaffe worked with Hirt on the gas experiments throughout the

period.

We discussed the duty which rests upon a commanding officer to take

appropriate measures to control his subordinates, in dealing with the

case of Handloser. We shall not repeat what we said there. Had Schroeder

adopted the measures which the law of war imposes upon one in position

of command to prevent the actions of his subordinates amounting to

violations of the law of war, the deaths of the non-German nationals

involved in the gas experiments might well have been prevented.

SEA-WATER EXPERIMENTS

Sea-Water experiments were conducted on inmates of Dachau concentration

camp during the late spring and summer of 1944. The defendant Schroeder

openly admits that these experiments were conducted by his authority.

When on the witness stand he related the circumstances under which these

experiments were initiated and carried through to completion.

As related by Schroeder the experiment on making sea water drinkable was

a problem of great importance. Two methods were available in Germany,

each of which to some extent had been previously tried, both on animal

and on human subjects. These were known as the Schaefer and the Berkatit

processes. Use of the Schaefer method on sea water produced a

satisfactory liquid essentially the same in its effects and potable

qualities as ordinary pure drinking water. The Schaefer process,

however, called for quantities of silver, which were thought to be

unavailable. Use of the Berka process, however, resulted merely in

changing the taste of sea water, thus making it more palatable, without

at the same time doing away with danger to health and life which always

results from consuming considerable quantities of untreated sea water.

Materials were available for the Berka process, but Schroeder did not

feel that it could be adopted until more was known of the method. At

Schroeder’s direction, the defendant Becker-Freyseng arranged for a

conference to be held at the German Air Ministry in May 1944 to discuss

the problem. Present at the conference, among others, were Berka and the

defendants Becker-Freyseng and Schaefer.

There is no doubt that the conference was well informed, and discussed

all current data upon the subject. Such fact appears from the minutes of

the meeting, in which it is stated:

“* * * Captain (med.) Dr. Becker-Freyseng reported on the

clinical experiments conducted by Colonel (med.) Dr. von Sirany,

and came to the final conclusion that he did not consider them

as being unobjectionable and conclusive enough for a final

decision. The Chief of the Medical Service is convinced that, if

the Berka method is used, damage to health has to be expected

not later than 6 days after taking Berkatit, which damage will

result in permanent injuries to health and—according to the

opinion of N.C.O. (med.) Dr. Schaefer—will finally result in

death after not later than 12 days. External symptoms are to be

expected such as dehydration, diarrhea, convulsions,

hallucinations, and finally death.”

It was concluded at this meeting that it would be necessary to perform

further sea-water experiments upon human beings in order to determine

definitely whether or not the Berkatit method of treating sea water

could be safely employed and used in connection with the German war

effort. These experiments were planned to be carried on in group series,

each of which would require six days, and would be made upon human

beings in this order: one group would be supplied only with

Berkatit-treated sea water; a second group would receive only ordinary

drinking water; a third group would receive no water of any kind; the

fourth group was to be given such water as was generally provided in

emergency sea-distress kits, then used by German military personnel.

In addition to the first experiment it was agreed that a second

experiment should be conducted. The notes of the meeting which deal with

the second experimental series read as follows:

“Persons nourished with sea water and Berkatit, and as diet also

the emergency sea rations.

“Duration of experiments—12 days.

“Since in the opinion of the Chief of the Medical Service,

permanent injuries to health, that is, the death of the

experimental subjects, has to be expected, as experimental

subjects such persons should be used as will be put at the

disposal by the Reichsfuehrer SS.”

On 7 June 1944 Schroeder wrote to Himmler through Grawitz asking for

concentration camp inmates to be used as subjects in the sea-water

experiments, which letter reads in part as follows:

“Highly Respected Reich Minister:

“Earlier already you made it possible for the Luftwaffe to

settle urgent medical matters through experiments on human

beings. Today again, I stand before a decision which, after

numerous experiments on animals as well as human experiments on

voluntary experimental subjects, demands a final solution. The

Luftwaffe has simultaneously developed two methods for making

sea water potable. The one method, developed by a medical

officer, removes the salt from the sea water and transforms it

into real drinking water; the second method, suggested by an

engineer, leaves the salt content unchanged, and only removes

the unpleasant taste from the sea water. The latter method in

contrast to the first, requires no critical raw material. From

the medical point of view this method must be viewed critically,

as the administration of concentrated salt solutions can produce

severe symptoms of poisoning.

“As the experiments on human beings could thus far only be

carried out for a period of four days, and as practical demands

require a remedy for those who are in distress at sea up to 12

days, appropriate experiments are necessary.

“Required are 40 healthy test subjects, who must be available

for 4 whole weeks. As it is known from previous experiments that

necessary laboratories exist in the concentration camp Dachau,

this camp would be very suitable * * *”

Various other parties took part in correspondence upon this application,

one of the writers suggesting that Jews or persons held in quarantine be

used as experimental subjects. Another correspondent nominated asocial

gypsy half-breeds as candidates for the treatment. Herr Himmler decided

that gypsies, plus three others for control purposes, should be

utilized.

In fairness to the defendant it should be stated that he contests the

translation of the second sentence in the first paragraph of the letter

written by him to Himmler, which the prosecution interprets as meaning

that experiments could no longer be conducted on voluntary subjects, and

that the words “demands a final solution” meant that involuntary

subjects in concentration camps should be employed. Regardless of

whether or not the letter quoted by us is a correct translation of the

German original, the evidence shows that within a month after the letter

was sent to Himmler through Grawitz, sea-water experiments were

commenced at Dachau by the defendant Beiglboeck.

The method by which the experimental subjects were chosen is not known

to the defendant Schroeder. As he explained from the witness stand with

reference to his letter and the subsequent procedure, “I sent it away

only after I had consulted [about] the possibility of the experiment

with Grawitz, and after I had informed him how the whole thing was

thought [of] by us, so that he could pass on this information to Himmler

in case it became necessary. Then this letter was sent off, and after

possibly four weeks when Beiglboeck had arrived at Dachau—in the

meantime, he was given an opportunity to carry out this work. Whatever

lay in between that, how in the administrative way this was organized,

we never learned * * * it was an inter-office affair * * *. We only saw

the initial point and the end point of this route.”

Thus began another experiment conducted under the auspices of the

defendant Schroeder, wherein the initiator of the experiment failed to

exercise the personal duty of determining that only consenting human

subjects would be used, but left that responsibility to others. Again is

demonstrated the case of an officer in a position of superior command

who authorizes the performance of experiments by his subordinates while

failing to take efforts to prescribe the conditions which will insure

the conduct of the experiments within legally permissible limits.

The evidence shows conclusively that gypsies of various nationalities

were used as experimental subjects. Former inmates of Auschwitz

concentration camp were tricked into coming to Dachau with the promise

that they were to be used as members of a labor battalion. When they

arrived at Dachau they were assigned to the sea-water experimental

station without their consent. During the course of the experiment many

of them suffered intense physical and mental anguish.

The Tribunal finds that the defendant Schroeder was responsible for,

aided and abetted, and took a consenting part in, medical experiments

performed on non-German nationals against their consent; in the course

of which experiments deaths, brutalities, cruelties, tortures, and other

inhuman acts were committed on the experimental subjects. To the extent

that these experiments did not constitute war crimes they constitute

crimes against humanity.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Oskar Schroeder

guilty under counts two and three of the indictment.

GENZKEN

The defendant Genzken is charged under counts two and three of the

indictment with special responsibility for, and participation in,

Sulfanilamide, Spotted Fever, Poison, and Incendiary Bomb Experiments.

The prosecution has abandoned the two latter charges and hence they will

not be considered further. The defendant is also charged under count

four of the indictment with membership, after 1 September 1939, in an

organization declared criminal by the judgment of the International

Military Tribunal—namely, the SS.

Genzken was commissioned in the Medical Service of the German Navy in

1912 and served through the First World War in that capacity. From 1919

to 1934, he engaged in the private practice of medicine. He joined the

NSDAP in 1926, and in October 1934 he was again commissioned as a

reserve officer of the naval medical department. On 1 March 1936 he was

transferred to the medical department of the SS, with the rank of major,

and assigned to the medical department of a branch of the SS, which in

the summer of 1940 became the Waffen SS. He served as chief surgeon of

the SS hospital in Berlin, and was director of the department charged

with supplying medical equipment and with the supervision of medical

personnel in concentration camps. He was also medical supervisor to

Eicke, the head of all the concentration camps, which were within

Genzken’s jurisdiction insofar as medical matters were concerned. In May

1940, Genzken was appointed Chief of the Medical Office of the Waffen SS

with the rank of senior colonel, Grawitz being his medical superior. He

retained this position until the close of the war. In 1942 he was

designated as Chief of the Medical Service of the Waffen SS, Division D

of the SS Operational Headquarters. On 30 January 1943 he was appointed

Gruppenfuehrer and Generalleutnant in the Waffen SS.

SULFANILAMIDE EXPERIMENTS

The sulfanilamide experiments referred to in the indictment were

conducted by the defendants Gebhardt, Fischer, and Oberheuser at

Ravensbrueck concentration camp between 20 July 1942 and August 1943.

During this period of time, four of the medical branches of the Waffen

SS were under Genzken, including Office XVI, Hygiene, of which the

defendant Mrugowsky was chief.

It is submitted by the prosecution that the evidence proves Mrugowsky to

have given support and assistance to these experiments, and that,

consequently, Genzken becomes criminally liable because of the position

of command he held over Mrugowsky. It is also urged that because Genzken

attended the meeting in Berlin at which Gebhardt and Fischer gave their

lecture on the experiments, this likewise shows criminal connection.

That Mrugowsky rendered assistance to Gebhardt in the sulfanilamide

experiments at Ravensbrueck is clearly proved. Mrugowsky put his

laboratory and co-workers at Gebhardt’s disposal. He furnished the

bacterial cultures for the infections. He conferred with Gebhardt about

the medical problems involved. It was on the suggestion of Mrugowsky’s

office that wood shavings and ground glass were placed in artificially

inflicted wounds made on the subjects so that battlefield wounds would

be more closely simulated. It also appears that Blumenreuter, who was

the chief of Office XV under Genzken’s direction, may have furthered the

experiments by furnishing surgical instruments and medicines to

Gebhardt.

The Tribunal finds that Genzken was not present at the Berlin meeting.

Although Mrugowsky and Blumenreuter may have aided Gebhardt in his

experiments, the prosecution has failed to show that it was done with

Genzken’s direction or knowledge.

The prosecution, therefore, has failed to sustain the burden with regard

to this particular specification.

TYPHUS EXPERIMENTS

The series of experiments which are the subject of this specification

were conducted at Buchenwald concentration camp and began in January

1942. SS Hauptsturmfuehrer Dr. Ding, who was attached to the Hygiene

Institute of the Waffen SS, was in charge of these experiments—with the

defendant Hoven serving as his deputy.

Until 1 September 1943 both Mrugowsky, the Chief of the Hygiene

Institute, and Ding, were subordinate to Genzken. Until the date last

mentioned the chain of military command in the field of hygiene and

research was as follows: Himmler-Grawitz-Genzken-Mrugowsky-Ding.

Prior to 1939 Ding had been camp physician at Buchenwald, and as such

was subordinate to Genzken. During the early months of the war Genzken

served as an army surgeon in the field, Ding being his adjutant. During

the fall of 1941 Ding returned to Buchenwald and Genzken to his office

at Berlin. During their service in the field Genzken and Ding had become

warm personal friends. Ding was attached to the Hygiene Institute of the

Waffen SS and was engaged in typhus research for the Institute. Genzken

testified that Mrugowsky and the Hygiene Institute were in his chain of

command prior to 31 August 1943. He further testified that after the

date last mentioned his office had nothing to do with Ding save to

provide money for Ding’s expenses, there being no other budget from

which money was available. Mrugowsky testified that Genzken was his

superior officer until 1 September 1943, and knew that the Hygiene

Institute was working on the problem of providing an efficient vaccine

against typhus. It is admitted that Ding was carrying out medical

experiments on concentration camp inmates in order to determine the

effect of various typhus vaccines.

It is not contended that such experiments were not carried out. In the

course of these experiments two buildings or “blocks” were used. The

experiments were conducted in Block 46, and when satisfactory vaccine

was decided upon, Block 50 was used for the preparation of vaccines.

During the course of the experiments with vaccines in March 1942, Ding

himself contracted typhus. Genzken testified that he was aware of the

fact that concentration camp inmates were subjected to experiments, but

stated that he was not advised as to the method of experimentation.

It is clear that the experiments necessary to decide upon a satisfactory

vaccine preceded by a considerable period the production of the vaccine.

Genzken testified that vaccine production began in December 1943, that

the production establishment only moved into Block 50 in the middle of

August, and that when production actually began “this establishment had

already come under the agency of Grawitz and it was not subordinated any

more” to him.

Under date of 9 January 1943 the Ding diary contains a lengthy entry

stating that by Genzken’s order the typhus research station became the

“Department of Typhus and Virus Research,” that Dr. Ding would be head

of this department, and that during his absence defendant Hoven would

act in his place. The entry further stated that Ding was appointed chief

department head for special missions in hygiene, etc. The Ding diary is

discussed elsewhere in this judgment. Considering the demonstrated

desire of Ding for his personal aggrandizement, this entry is not

entitled to entire credit, as written. It refers to Genzken as “Major

General”—which rank he did not receive until a few weeks after 9

January 1943. The entry, however, has some probative value upon the

question of Ding’s status during the year 1943.

Genzken testified that he “approved” the establishment of Ding’s

department for vaccine research. He also testified that his department

furnished necessary funds from its budget for Ding’s investigations.

From the evidence it appears that prior to 1 September 1943, Mrugowsky

reported regularly to Genzken, on an average of once per week, either

orally or in writing.

Under date 5 May 1942, Mrugowsky signed a written report upon the

subject, “Testing Typhus Vaccines.” This report went to six different

offices: the first copy, to Conti; the second copy, to Grawitz; and the

third copy, to Genzken. The report commences: “The tests of four typhus

vaccines made by us on human subjects at the instigation of the Reich

Health Leader Dr. Conti had the following results * * *”. It is stated

that the mortality of victims of typhus during an epidemic “was around

30 percent” and that “during the same epidemic four groups of

experimental subjects were vaccinated with one each” of the four types

of vaccine described in the beginning of the report.

“The experimental subjects were mostly in their twenties and thirties.

Care was taken when selecting them that they did not come from typhus

districts and also to ensure an interval of four to six weeks between

the protective vaccination and the outbreak of the clinical symptoms of

the disease. According to experience this period is imperative to

achieve immunity.”

The effects of the four vaccines tested were described as follows. The

report on the Weigl vaccine states that “nobody died”. The report on the

Gildemeister and Haagen vaccine also states that no deaths occurred. The

report on the Behring-Normal vaccine states that one person died. The

experiment with the Behring-Strong vaccine reports one death.

The last paragraph of the report states: “In the last two groups the

symptoms were considerably stronger than in the first groups * * *. No

difference between the two vaccines of the Behring Works was observed.

The attending physicians stated that the general picture of the disease

in group four was rather more severe compared with that of the patients

of group three.”

In a summation, Mrugowsky recommended the use of a vaccine “produced

according to the chicken egg process, which, in its immunization effect,

is equal to the vaccine after Weigl.”

“The effectiveness of protection depends on the method used in making

the vaccine.”

Of course, experiments with vaccines, conducted because of the urgent

need for the discovery of a protective vaccine, would lead to scant

results unless the subjects vaccinated were subsequently in some manner

effectively exposed to typhus, thereby demonstrating the effectiveness

or noneffectiveness of the vaccination. While Mrugowsky’s report, above

referred to, makes no reference to an artificial infection, it does

state without further explanation that two deaths occurred, and in the

last paragraph, quoted above, compares the severity of “the diseased”

between groups three and four.

On cross-examination Mrugowsky testified that Dr. Ding was to lecture at

a meeting of consulting surgeons in the spring of 1943, and that the

witness informed Genzken concerning “the intended amount of vaccines to

be produced by the SS.” Mrugowsky testified that he gave Genzken this

information for three reasons: first, that Genzken had to be advised of

the fact that Ding, as a member of the Waffen SS, was to give a lecture

to the surgeons; second, that Genzken should be informed concerning “the

effectiveness of a number of vaccines to be used for troops”; third,

that Genzken should know when he could expect the first production of

vaccines for the SS and the amounts he could count on for each month.

Mrugowsky further testified:

“The conference with Dr. Genzken was extremely brief. As far as

I remember we were standing close to his desk. I told him that

the various vaccines which I mentioned to him had a different

effect; I told him that the effect varied as to the length of

the temperature and a reduction of fatalities; and I told him

that after having vaccinated the entire SS we could count on

some protective effect for all soldiers. On that occasion I

showed him a few charts which Ding had handed over to me at that

time, the same charts which Ding reproduced in his paper, and I

used these charts in order to explain the effectiveness of the

vaccines to him.”

Q. “The mortality figures and the temperature figures could be

derived from these charts, couldn’t they?”

A. “Yes. If I remember correctly, on the heading of these charts

the information was given what the day of the infection was.

This entire conference was very brief and it is quite possible

that Dr. Genzken—who was only concerned with the most important

points which he had to know—it is quite possible that he

overlooked that. I had no cause to point it out to him in

particular since I was not reporting to him about Ding’s series

of experiments but was only reporting to him about the

protective value of various vaccines which he, as medical chief,

had to know. These were two completely different points of

view.”

The Tribunal is convinced that prior to 1 September 1943, Genzken knew

the nature and scope of the activities of his subordinates, Mrugowsky

and Ding, in the field of typhus research; yet he did nothing to insure

that such research would be conducted within permissible legal limits.

He knew that concentration camp inmates were being subjected to cruel

medical experiments in the course of which deaths were occurring; yet he

took no steps to ascertain the status of the subjects or the

circumstances under which they were being sent to the experimental

block. Had he made the slightest inquiry he would have discovered that

many of the human subjects used were non-German nationals who had not

given their consent to the experiments.

As the Tribunal has already pointed out in this judgment, “the duty and

responsibility for ascertaining the quality of the consent rests upon

each individual who initiates, directs, or engages in the experiment. It

is a personal duty and responsibility which may not be delegated to

another with impunity.”

We find that Genzken, in his official capacity, was responsible for,

aided and abetted the typhus experiments, performed on non-German

nationals against their consent, in the course of which deaths occurred

as a result of the treatment received. To the extent that these

experiments did not constitute war crimes they constituted crimes

against humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION

Under count four of the indictment Genzken is charged with being a

member of an organization declared criminal by the judgment of the

International Military Tribunal, namely, the SS. The evidence shows that

Genzken became a member of the SS on 1 March 1936 and voluntarily

remained in that organization until the end of the war. As a

high-ranking member of the Medical Service of the Waffen SS he was

criminally implicated in the commission of war crimes and crimes against

humanity, as charged under counts two and three of the indictment.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Karl Genzken

guilty, under counts two, three, and four of the indictment.

GEBHARDT

The defendant Gebhardt is charged under counts two and three of the

indictment with special responsibility for, and participation in,

High-Altitude, Freezing, Malaria, Lost Gas, Sulfanilamide, Bone, Muscle

and Nerve Regeneration and Bone Transplantation, Sea-Water, Epidemic

Jaundice, Sterilization, Typhus, Poison, and Incendiary Bomb

Experiments.

The defendant Gebhardt held positions of great power and responsibility

in the Medical Service of the SS in Nazi Germany. He joined the NSDAP in

1933 and the SS at least as early as 1935. He took part in the Nazi

Putsch of 1923, which aimed at the overthrow of the so-called Weimar

Republic, the democratic government of Germany, being then a member of

the illegal Free Corps, “Bund Oberland.” When, in 1933, the hospital at

Hohenlychen was founded, Gebhardt was appointed chief physician of this

institution. In 1938 he became the attending physician to Himmler. He

was also personal physician to Himmler and his family. In 1940 Gebhardt

was appointed consulting surgeon of the Waffen SS and, in 1943, chief

clinical officer (Oberster Kliniker) of the Reich Physician SS and

Police, Grawitz. In the Allgemeine SS Gebhardt attained the rank of a

Gruppenfuehrer (major general), and in the Waffen SS the rank of major

general in the reserve.

SULFANILAMIDE EXPERIMENTS

The purpose for which these experiments were undertaken is defined in

counts two and three of the indictment.

In the Ravensbrueck concentration camp during a period from 20 July 1942

until August 1943, the defendant Gebhardt, aided by defendants Fischer

and Oberheuser, performed such experiments upon human subjects without

their consent. Gebhardt personally requested Heinrich Himmler’s

permission to carry out these experiments, and attempts to assume full

responsibility for them and for any consequences resulting therefrom. He

himself personally carried out the initial operations.

While it is not deemed strictly necessary in this judgment to describe

in any detail the procedure followed in performing these experiments, a

brief statement will now be made thereon. The first experimental

subjects consisted of 15 male concentration camp inmates used during

preliminary experiments in July 1942, but later 60 Polish women, who

were experimented on in 5 groups of 12 subjects each.

In the first series of experiments the healthy subjects were infected

with various bacteria, but resulting infections were not thereafter

considered sufficiently serious to furnish an answer to the problem

sought to be solved and further experiments were then undertaken.

Dr. Gebhardt has admitted that in the second series of experiments three

of the subjects died as a result of the treatment received. All of these

subjects were persons who had been selected by the concentration camp

authorities and who were not consulted as to their consent or

willingness to participate. Notwithstanding this, however, the

experimental subjects protested against experiments both orally and in

writing, stating that they would have preferred death to continued

experiments, since they were convinced that they would die in any event.

An examination of the evidence presented to this Tribunal in connection

with sulfanilamide experiments performed upon unwilling and

nonconsenting concentration camp inmates indicates conclusively, that

participating human subjects were used under duress and coercion in

experiments performed upon their bodies; that persons acting as subjects

incurred and suffered physical torture and the risk of death; that in

the experiments here discussed at least five deaths of subjects were

caused therefrom.

It is claimed by Dr. Gebhardt that all of the non-German experimental

subjects were selected from inmates of concentration camps, former

members of the Polish Resistance Movement, who had previously been

condemned to death and were in any event marked for legal execution.

This is not recognized as a valid defense to the charge of the

indictment.

The Polish women who were used in the experiments had not given their

consent to become experimental subjects. That fact was known to

Gebhardt. The evidence conclusively shows that they had been confined at

Ravensbrueck without so much as a semblance of trial. That fact could

have been known to Gebhardt had he made the slightest inquiry of them

concerning their status. Moreover, assuming for the moment that they had

been condemned to death for acts considered hostile to the German forces

in the occupied territory of Poland, these persons still were entitled

to the protection of the laws of civilized nations. While under certain

specific conditions the rules of land warfare may recognize the validity

of an execution of spies, war rebels, or other resistance workers, it

does not under any circumstances countenance the infliction of death or

other punishment by maiming or torture.

BONE, MUSCLE AND NERVE REGENERATION AND BONE

TRANSPLANTATION EXPERIMENTS

These experiments were carried out in Ravensbrueck concentration camp

during the same time, and on the same group of Polish women used in the

sulfanilamide experiments. Upon these Polish inmates three kinds of bone

operations were performed—artificially induced fractures, bone

transplantations, bone splints—the conditions of the operations being

specially created in each particular case. Some girls were required to

submit to operations several times. In one instance small pieces of

fibula were taken out; in another instance the periosteum of the leg was

removed. Cases occurred where subjects were experimented on by

deliberately fracturing their limbs in several places and testing the

effect of certain treatments. In at least one case bone incisions were

performed on a subject six different times. In another case the shoulder

blade of a subject was removed.

Further recital of these activities is as unnecessary as were the

operations themselves. The testimony heard and exhibits filed and

examined by the Tribunal conclusively sustain the allegations of the

indictment with reference to the experiments mentioned therein.

SEPSIS (PHLEGMON) EXPERIMENTS

A witness whose testimony must be accepted as credible testified

concerning these experiments in which concentration camp inmates were

used without their consent and were thereafter infected with pus. He

testified as to at least two series of experiments which resulted

fatally for 12 of the subjects.

The prosecution claims, and it is likely that these biochemical

experiments which were performed in the Dachau concentration camp were

complementary to and formed parts of the sulfanilamide experiments in

Ravensbrueck. The evidence, however, is not sufficient to establish the

criminal connection of Gebhardt with these experiments.

SEA-WATER EXPERIMENTS

Dr. Gebhardt’s position, which has been mentioned in this judgment as

that of an official and personal associate of Heinrich Himmler—part of

whose duties concerned concentration camp medical experiments, was

partially defined by an order issued by Himmler 15 May 1944 directing

that an opinion from Gebhardt would be required before any experiments

thereafter could be carried out on such human subjects. This order

stated that all medical experiments to be carried out at the

concentration camps had to have Himmler’s personal approval. It appears,

however, that while the application for permission to carry out

experiments involving human subjects was required to be obtained from

Himmler—yet before such application could be examined, a critical

opinion of the chief clinical officer of the SS, Dr. Gebhardt,

concerning its technical aspects was required to accompany it. Complying

with this order Gebhardt, in reference to sea-water experiments, wrote—

“I deem it absolutely right to support the Luftwaffe in every

way and to place a general physician of the Waffen SS at

disposal to supervise the experiments.”

This alone is deemed to be sufficient to show that Dr. Gebhardt knew

about, and approved, the performance of the sea-water experiments as

charged in the indictment.

STERILIZATION EXPERIMENTS

Details of the sterilization experiments will be dealt with elsewhere in

this judgment; and it is unnecessary to repeat them here, except to the

extent necessary to inquire the part, if any, taken by Gebhardt therein.

On 7 and 8 July 1942 a conference took place between Himmler, Gebhardt,

SS Brigadefuehrer Gluecks, and SS Brigadefuehrer Clauberg, to discuss

the sterilization of Jewesses. Dr. Clauberg was promised that the

Auschwitz concentration camp would be placed at his disposal for

experiments on human beings and animals, and he was requested to

discover by means of fundamental experiments a method of sterilizing

persons without their knowledge. During the course of the conference,

Himmler called the special attention of all present “to the fact that

the matter involved was most secret and should be discussed only with

the officers in charge and that the persons present at the experiments

or discussions had to pledge secrecy.”

From this evidence it is apparent that Gebhardt was present at the

initial meeting which launched at least one phase of the sterilization

program in the concentration camps, and thus had knowledge and gave at

least passive approval to the program.

HIGH-ALTITUDE, FREEZING, MALARIA, LOST GAS, EPIDEMIC

JAUNDICE, TYPHUS, POISON, AND INCENDIARY BOMB EXPERIMENTS

Details as to the origin of and procedure followed in these experiments

are discussed elsewhere in this judgment, and will not be repeated. Our

only concern is to determine to what extent, if any, the defendant

Gebhardt took part in the experiments.

In these enterprises the defendant seems not to have taken any active

part, as he did in the sulfanilamide experiments and in other programs.

It may be argued that his close connection with Heinrich Himmler creates

a presumption that these experiments were conducted with Gebhardt’s

knowledge and approval. Be that as it may, no sufficient evidence to

that effect has been presented, and a mere presumption is not enough in

this case to convict the defendant.

Attention has been given to the brief filed by counsel for the defendant

Gebhardt. For the most part it is unnecessary to discuss the theories

presented in this brief, for the reason that the main reliance of the

defense seems to be that in his connection with the experiments charged

in the indictment, Dr. Gebhardt acted as a soldier in the execution of

orders from an authorized superior. We cannot see the applicability of

the doctrine of superior orders as a defense to the charges contained in

the indictment. Such doctrine has never been held applicable to a case

where the one to whom the order is given has free latitude of decision

whether to accept the order or reject it. Such was the situation with

reference to Gebhardt. The record makes it manifestly plain that he was

not ordered to perform the experiments, but that he sought the

opportunity to do so. Particularly is this true with reference to the

sulfanilamide experiments: Gebhardt, in effect, took them away from

Grawitz to demonstrate that certain surgical procedures advocated by him

at the bedside of the mortally wounded Heydrich at Prague in May of 1942

were scientifically and surgically superior to the methods of treatment

proposed by Dr. Morell, Hitler’s personal physician. The doctrine,

therefore, is not applicable. But even if it were, the fact of such

orders could merely be considered, under Control Council Law No. 10, as

palliating punishment.

Another argument presented in briefs of counsel attempts to ground

itself upon the debatable proposition that in the broad interest of

alleviating human suffering, a state may legally provide for medical

experiments to be carried out on prisoners condemned to death without

their consent, even though such experiments may involve great suffering

or death for the experimental subject. Whatever may be the right of a

state with reference to its own citizens, it is certain that such

legislation may not be extended so as to permit the practice upon

nationals of other countries who, held in the most abject servitude, are

subjected to experiments without their consent and under the most brutal

and senseless conditions.

We find that Gebhardt, in his official capacity, was responsible for,

aided and abetted, and took a consenting part in medical experiments

performed on non-German nationals against their consent; in the course

of which deaths, maiming, and other inhuman treatment resulted to the

experimental subjects. To the extent that these experiments did not

constitute war crimes they constituted crimes against humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION

Under count four of the indictment Gebhardt is charged with being a

member of an organization declared criminal by the judgment of the

International Military Tribunal, namely the SS. The evidence shows that

Gebhardt became a member of the SS at least as early as 1933 and

voluntarily remained in that organization until the end of the war. As

one of the most influential members of the Medical Service of the Waffen

SS he was criminally implicated in the commission of war crimes and

crimes against humanity as charged under counts two and three of the

indictment.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Karl Gebhardt

guilty under counts two, three and four of the indictment.

BLOME

The defendant Blome is charged under counts two and three of the

indictment with personal responsibility for, and participation in

Malaria, Lost Gas, and Sulfanilamide Experiments, the extermination of

tubercular Poles, and the execution of the Euthanasia Program. Proof has

also been adduced for the purpose of showing that he participated in the

freezing bacteriological warfare, and blood coagulation experiments.

The charge with reference to sulfanilamide experiments has been

abandoned by the prosecution and hence will not be considered further.

The defendant Blome studied medicine at Goettingen and received his

medical degree in 1920. From 1924 to 1934 he engaged in private

practice. In the latter year he was summoned to Berlin where, in 1935,

he reorganized the German medical educational system. He also acted as

adjutant in the central office of the German Red Cross and as business

manager of the German Physicians’ Association, which position he held

until the end of World War II. In 1938 he became President of the Bureau

of the Academy for International Medical Education. From 1939 on Blome

acted as deputy for Dr. Leonardo Conti who was leader of the German

Physicians’ Association, Head of the Main Office for Public Health of

the Party, and Leader of the National Socialist Physicians’ Association.

In 1941 he became a member of the Reich Research Council, and in 1943

was appointed Plenipotentiary for Cancer Research, connected with the

research commission for protection against biological warfare.

Blome joined the SA in 1931 and became the chief medical officer of the

SA in the province of Mecklenburg. In 1934 he was appointed a province

office leader, and in the SA he attained a rank equivalent to that of

major general. In 1943 he was awarded the highest decoration of the Nazi

Party.

As Plenipotentiary for Cancer Research, it was his duty to determine

which research problems should be studied and to assign such problems to

scientists best fitted to investigate them.

FREEZING EXPERIMENTS

The prosecution argues that Blome is criminally responsible for

participation in the freezing experiments as charged in the indictment.

In the subparagraph which particularly refers to freezing, Blome is not

named among the defendants charged with special responsibility for the

experiments. Moreover, the record does not contain evidence which shows

beyond a reasonable doubt that Blome bore any responsible part in the

conduct of the freezing experiments.

MALARIA EXPERIMENTS

The evidence is insufficient to disclose any criminal responsibility of

the defendant in connection with the malaria experiments.

LOST GAS EXPERIMENTS

The evidence is insufficient to disclose any criminal responsibility of

the defendant in connection with these experiments.

EXTERMINATION OF TUBERCULAR POLES

The basis for the prosecution’s case against the defendant in this

regard is to be found in a series of letters with reference to the

tuberculosis menace in the Reichsgau Wartheland, which had been overrun

by the German Reich and settled by its citizens.

During the year 1941 the German Government began a program of

extermination of the Jewish population of the eastern occupied

territories. On 1 May 1942 Greiser, the German Military Governor of

Reichsgau Wartheland, wrote Himmler advising him that “as to the 100,000

Jews in the district, the ‘special treatment’ approved by Himmler was

about completed.” The letter then continued:

“* * * I ask you for permission to rescue the district

immediately, after the measures taken against the Jews, from a

menace which is increasing week by week, and use the existing

and efficient special commandos for that purpose.

“There are about 230,000 people of Polish nationality in my

district who were diagnosed to suffer from tuberculosis. The

number * * * infected with open tuberculosis is estimated at

about 35,000. This fact has led in an increasingly frightening

measure to the infection of Germans who came to the Warthegau

perfectly healthy * * *. A considerable number of well known

leading men, especially of the police, have been infected lately

and are not available for the war effort * * *. The ever

increasing risks were also recognized and appreciated by the

deputy of the Reich Leader for Public Health, Comrade Professor

Dr. Blome * * *.

“Though in Germany proper it is not possible to take appropriate

draconic steps against this public plague, I think I could take

responsibility * * * to have cases of open tuberculosis

exterminated among the Polish race here in the Warthegau. Of

course, only a Pole should be handed over for such an action who

is not only suffering from open tuberculosis, but whose

incurability is proved and certified by a public health officer.

“Considering the urgency of this project I ask for your approval

in principle as soon as possible. This would enable us to make

the preparations with all necessary precautions now to get the

action against the Poles suffering from open tuberculosis under

way, while the action against the Jews is in its closing stages.

“Heil Hitler!

“GREISER”

Two days later Koppe, the police leader on Greiser’s staff, wrote to

Rudolf Brandt restating Greiser’s proposal and urging Brandt to call the

matter to Himmler’s attention. Brandt promptly acknowledged the letter,

advising Koppe that the proposal had been referred to the Chief of the

Security Police for opinion, but that the final decision would rest with

Hitler.

On 9 June 1942 the Chief of the Security Police rendered his opinion to

Himmler: “I have no scruples against having the protectorate members and

stateless persons of the Polish race * * * who are afflicted with open

tuberculosis, submitted to the special treatment in the sense of the

proposal of Gau Leader Greiser. * * * The individual measures, though,

will first have to be discussed thoroughly with the Security Police, in

order to carry out the execution with the least possible attraction of

attention.” The opinions thus rendered undoubtedly received the full

approval of Himmler, for on 27 June 1942 Rudolf Brandt passed on to

Greiser a letter from Himmler containing the following decision:

“Dear Comrade Greiser:

“I have no objection to having protectorate people and stateless

persons of Polish origin who live within the territory of the

Warthegau and are infected with tuberculosis handed over for

special treatment as you suggest; as long as their disease is

incurable * * *. I would like to request, however, to discuss

the individual measures in detail with the Security Police

first, in order to assure inconspicuous accomplishment of the

task * * *.

[Signed] “H. HIMMLER”

The Himmler letter was acknowledged by Greiser on 21 November 1942,

Greiser advising Himmler that in pursuance of the permission given him

to apply “special treatment” to tubercular Poles he had made

arrangements for an X-ray examination of all people in the territory,

but that now that “special treatment” had been approved, Blome, Deputy

Chief of the Public Health Office of the NSDAP was raising objections to

its execution. A copy of Blome’s letter to Greiser was enclosed for

Himmler’s information.

Blome’s letter to Greiser is dated 18 November 1942. It opens by

recalling various conversations between the writer and Greiser

concerning the campaign against tuberculosis in the Warthegau, and then

proceeds to consider the matter in detail; the letter proceeding:

“With the settlement of Germans in all parts of the Gau, an

enormous danger has arisen for them * * *. What goes for the

Warthegau [* * *] also holds true for the other annexed

territories * * *.

“Therefore, something basic must be done soon. One must decide

the most efficient way in which this can be done. There are

three ways to be taken into consideration:

“1. Special treatment of the seriously ill persons,

“2. Most rigorous isolation of the seriously ill

persons,

“3. Creation of a reservation for all TB patients.

“For the planning, attention must be paid to different points of

view of a practical, political and psychological nature.

Considering it most soberly, the simplest way would be the

following: Aided by the X-ray battalion, we could reach the

entire population, German and Polish, of the Gau during the

first half of 1943. As to the Germans, the treatment and

isolation is to be prepared and carried out according to the

regulations of Tuberculosis Relief. The approximately 35,000

Poles who are incurable and infectious will be ‘specially

treated’. All other Polish consumptives will be subjected to an

appropriate cure in order to save them for work and to avoid

their causing contagion.”

Blome then proceeds, stating that he has made arrangements for

commencement of the “radical procedure”, but suggests that some

assurance should be procured that Hitler would agree to the project. The

letter then goes on to say—

“I could imagine that the Fuehrer, having some time ago stopped

the program in the insane asylums, might at this moment consider

a ‘special treatment’ of the incurably sick as unsuitable and

irresponsible from a political point of view. As regards the

Euthanasia Program it was a question of people of German

nationality afflicted with hereditary diseases. Now it is a

question of infected sick people of a subjugated nation.”

Blome then voices the opinion that if the program is put into execution,

it cannot be kept secret and will be made the basis for much adverse and

harmful propaganda both at home and abroad. He suggests accordingly that

before the program is commenced all points of view should again be

presented to Hitler.

Continuing, Blome writes that if Hitler should forbid the radical

proposal suggested by Greiser, three other solutions were open (1)

consumptives and incurables could be isolated with their relatives; (2)

all infectious consumptives might be strictly isolated in nursing

establishments; (3) the consumptives might be resettled in a particular

area. If the latter plan were adopted, the sick could reach the assigned

territory on foot, and thus save the costs of transportation.

Blome’s letter finally concludes—

“After a proper examination of all these considerations and

circumstances, the creation of a reservation, such as the

reservations for lepers, seems to be the most practicable

solution. Such a reservation should be able to be created in the

shortest time by means of the necessary settlement. Within the

reservation one could easily set up conditions for the strict

isolation of the strongly contagious.

“Even the case of the German consumptives represents an

extremely difficult problem for the Gau. But this cannot be

overcome, unless the problem of the Polish consumptives is

solved at the same time.”

The evidence shows that the letter from Greiser to Himmler, with Blome’s

suggestions enclosed, was acknowledged by Himmler on 3 December 1942

with the following final decision:

“Dear Party Comrade Greiser:

“I have received your letter of 21 November 1942. I, too,

believe that it would be better to take into consideration the

misgivings set forth by Party Member Dr. Blome. In my opinion it

is impossible to proceed with the sick persons in the manner

intended, especially since, as you have informed me, it will be

possible to exploit the practical results of the tests only in

six months.

“I suggest you look for a suitable area to which the incurable

consumptives can be sent. Besides the incurables, other patients

with less severe cases of tuberculosis could quite well be put

into this territory, too. This action would also, of course,

have to be exploited with the appropriate form of propaganda.

“Before writing you this letter I again thoroughly thought over

whether the original idea could not in some way be carried out.

However, I am convinced now that it is better to proceed the

other way.”

The prosecution maintains that this series of letters which have been

referred to establishes the criminal participation of the defendant

Blome in the extermination of tubercular Poles. We cannot follow the

argument. It is probable that the proposal to isolate tubercular Poles,

as suggested by Blome and approved by Himmler, was at least partially

carried out; although the record discloses but little with reference to

what actually transpired. It may be that in the course of such a program

Poles may have died as the result of being uprooted from their homes and

sent to isolation stations; but the record contains no direct credible

evidence upon the subject. Blome explained from the witness stand his

letter to Greiser by saying that it was written in order to prevent the

extermination program of tubercular Poles from being put into execution.

Certainly, his letter indicates on its face that he opposed the “special

treatment” suggested by Greiser.

We cannot say, therefore, that the explanation offered is wholly without

substance. It at least raises a reasonable doubt in our minds concerning

the matter. Blome knew Hitler and Himmler. He well knew that any

objections to “special treatment” based on moral or humanitarian grounds

would make but small impact upon the minds of men like these Nazi

leaders. He knew, moreover, that before Greiser’s proposal for

extermination would be abandoned a plan which appeared to be better must

be suggested. If viewed from the standpoint of factual and psychological

considerations, it cannot be held that the letter was not well-worded

when considered as an attempt to put an end to the plan originally

adopted, and to bring the substitution of another plan not so drastic.

Whatever may have been its purpose, the record shows that, in this

particular, the letter did in fact divert Himmler from his original

program and that as a result thereof the extermination plan was

abandoned.

EUTHANASIA PROGRAM

Blome is charged with criminal responsibility in connection with the

Euthanasia Program, but we are of opinion that the evidence is

insufficient to sustain the charge.

BACTERIOLOGICAL WARFARE

The prosecution contends that the evidence in the case established

Blome’s guilt in connection with research concerning different forms of

bacteriological warfare. Blome, who was plenipotentiary for cancer

research in the Reich Research Council, admits that the problem of

cancer research was allied with the research commission for protection

against biological warfare. He admits further, that he was placed in

charge of an institute near Poznan in which the problems of biological

warfare were to be investigated, but states that the work being done at

the Poznan institute was interrupted in March 1945 by the advance of the

Russian army.

This latter fact seems to be confirmed by the evidence. In this

connection Schreiber appeared as a witness before the International

Military Tribunal. His testimony given there has been received in

evidence before this Tribunal. From the testimony it appears that Blome

visited Schreiber at the Military Medical Academy, Berlin, during March

1945 and stated to him that he, Blome, had abandoned his institute in

Poznan due to the advance of the Russians, but before leaving had

attempted to destroy his installations as he feared that the Russians

might discover that preparations had been made in the institute for

experiments on human beings.

Counsel for the prosecution has brought to our judicial notice a finding

by the International Military Tribunal in its judgment wherein it is

found that—

“In July 1943 experimental work was begun in preparation for a

campaign of bacteriological warfare; Soviet prisoners of war

were used in the medical experiments, which more often than not

proved fatal.” (_See “Trial of the Major War Criminals”, Vol. I,

p. 231._)

It is submitted by the prosecution that this finding of the

International Military Tribunal, when considered in connection with

other evidence in the case, requires this Tribunal to find the defendant

Blome guilty under the indictment.

The suggestion is not tenable. It may well be that defendant Blome was

preparing to experiment upon human beings in connection with

bacteriological warfare, but the record fails to disclose that fact, or

that he ever actually conducted experiments. The charge of the

prosecution on this item is not sustained.

POLYGAL EXPERIMENTS

The prosecution has introduced evidence which suggests that Blome may be

criminally responsible for polygal experiments conducted by Rascher at

Dachau, in which Russian prisoners of war were used as experimental

subjects. In our view the evidence does no more than raise a strong

suspicion; it does not sustain the charge beyond a reasonable doubt.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Kurt Blome not

guilty as charged under the indictment and directs that he be released

from custody under the indictment when this Tribunal presently adjourns.

RUDOLF BRANDT

Under counts two and three of the indictment the defendant Rudolf Brandt

is charged with special responsibility for, and participation in,

High-Altitude, Freezing, Malaria, Lost Gas, Sulfanilamide, Bone, Muscle

and Nerve Regeneration and Bone Transplantation, Sea-Water, Epidemic

Jaundice, Sterilization, and Typhus Experiments. He is also charged

under these counts with criminal responsibility for the murder of 112

Jews for the purpose of completing a Skeleton Collection for the Reich

University of Strasbourg, for the murder and ill-treatment of tubercular

Poles, and for the Euthanasia Program carried out by the German Reich.

Under count four of the indictment he is charged with membership in an

organization declared criminal by the judgment of the International

Military Tribunal.

The prosecution has abandoned the charge of participation in the bone,

muscle and nerve regeneration and bone transplantation experiment;

hence, it will not be considered further.

The defendant Rudolf Brandt joined the Nazi Party in 1932. He was

commissioned a second lieutenant in the SS in 1935. In approximately ten

years he rose to the rank of SS colonel. He is one of the three

defendants in the case who is not a physician.

From the commencement of his career in the Nazi organization until his

capture by the Allied Forces in 1945 he was directly subordinate to and

closely associated with the leader of the SS, Heinrich Himmler, and he

had full knowledge of his chief’s personal and official interests and

activities.

To Himmler, Rudolf Brandt was first of all an important and trusted

clerical assistant. The record shows him to have been an unusually

proficient stenographer. That is the road by which he finally arrived at

a position of considerable power and authority as personal Referent on

Himmler’s Personal Staff, Ministerial Counsellor in the Ministry of the

Interior, and a member of the Ahnenerbe. Acting for Himmler during his

absences, Rudolf Brandt, in these positions, had a tremendous

opportunity to and did exercise personal judgment and discretion in many

serious and important matters.

HIGH-ALTITUDE EXPERIMENTS

These experiments extended from March to August 1942. Their details are

dealt with elsewhere in this judgment. A portion of the evidence in this

specification consists of correspondence between the defendant Rudolf

Brandt and various others in the German military service who were

personally engaged in, or were closely connected with, the physical

details of the experiments performed. The correspondence just previously

mentioned was admitted in evidence, is well authenticated, and even

standing alone, without additional oral testimony—of which there was

also plenty—is deemed amply sufficient to disclose beyond reasonable

doubt that except for the sanction and diligent cooperation of the

defendant Rudolf Brandt, or someone occupying his position, the

high-altitude experiments mentioned in the indictment could not have

been conducted.

Taken altogether, the evidence on this item discloses that during the

period between March and August 1942, certain medical experiments were

conducted at the Dachau concentration camp in Germany for the benefit of

the German Air Force, to determine the limits of human endurance and

existence at extremely high altitudes. Various human beings,

unwillingly, and entirely without their consent, were required and

compelled to, and did participate in the aforesaid experiments as

subjects thereof. The said nonconsenting subjects were prisoners of war,

German civilians and civilians from German occupied territory, whose

exact citizenship, in many cases, could not be ascertained. Among the

experimental subjects there were numerous deaths, estimated by witnesses

at 70 or 80, resulting directly from compulsory participation in the

experiments. Exact data on the total fatalities cannot be stated, but

there is convincing evidence that during the last day’s operation of the

high-altitude experiments, five participating and nonconsenting subjects

died as the result thereof. The greater number of the experimental

subjects suffered grave injury, torture and ill-treatment.

FREEZING EXPERIMENTS

In this experiment, or series of experiments, Rudolf Brandt is

established as an intermediary and necessary aid between Heinrich

Himmler, who authorized the work to be done, and those who were

appointed by him actually to perform the ruthless task. Evidence is

conclusive that Rudolf Brandt at all times knew exactly what

experimental processes would be carried out. He knew that the procedure

followed was to select from the inmates at Dachau such human subjects as

were considered most suitable for experimental purposes. He knew that no

consent was ever deemed necessary from the persons upon whom the

experiments were to be performed. He knew that among the experimental

subjects were non-German nationals, including civilians and prisoners of

war.

The exact number of deaths cannot be ascertained from the evidence, but

that fatalities occurred among the experimental subjects has been proved

beyond a reasonable doubt.

LOST (MUSTARD) GAS EXPERIMENTS

On this specification, an affidavit of the defendant Rudolf Brandt which

is confirmed by other evidence reads substantially as follows:

“Towards the end of the year 1939, experiments were conducted at

the Sachsenhausen concentration camp on persons who were

certainly not all volunteers, in order to ascertain the efficacy

of the different treatment of wounds inflicted by Lost gas. Lost

is a poisonous gas which produces injurious effects on the

epidermis. I think it is generally known as mustard gas. * * *

Therefore, experiments were conducted on inmates of

concentration camps. As far as I understand, the experiments

consisted of inflicting wounds upon various parts of the bodies

of the experimental subjects and infecting them thereafter with

Lost. Various methods of treatment were applied in order to

determine the most effective one * * *.

“In the second half of 1942, Hirt (Dr. August Hirt) together

with * * * who served in the Luftwaffe, initiated experiments on

inmates of the Natzweiler concentration camp. The inmates for

these as well as other experiments were simply chosen by Pohl’s

office, the Economic and Administrative Main Office, WVHA. In

order to be employed for such purposes, the experiments on human

subjects with Lost gas had been carried on during the years 1943

and 1944 in the Sachsenhausen concentration camp as well as in

the Natzweiler concentration camp. The result was that some of

the inmates died.”

In the course of the gas experiments above referred to, testimony in the

record discloses that a considerable amount of correspondence was

carried on by persons concerned (except the experimental subjects

themselves), and it appears that some, at least, of this was referred to

Rudolf Brandt for action, upon which he personally intervened

sufficiently to associate himself actively with the conduct of the work

being done. And so he must be regarded as criminally responsible.

STERILIZATION EXPERIMENTS

Rudolf Brandt is charged, as in the indictment set forth, with special

responsibility under the above heading. The means by which sterilization

experiments or processes were to be made or utilized included X-ray

treatment, surgery, and drugs.

No specific instances of any drug being actually used have been clearly

shown by oral testimony, or exhibits herein submitted in evidence. In

reference to the X-ray and surgery methods of sterilization, however,

Rudolf Brandt is shown by the evidence to have taken a moving part in

the preparation of plans, and in their execution, sufficient to justify

the Tribunal in finding his criminal connection therewith. An affidavit

executed by the defendant Rudolf Brandt reads as follows:

“Himmler was extremely interested in the development of a cheap,

rapid sterilization method which could be used against enemies

of Germany, such as the Russians, Poles, and Jews. One hoped

thereby not only to defeat the enemy, but to exterminate him.

The capacity for work of the sterilized persons could be

exploited by Germany, while the danger of propagation would be

eliminated. This mass sterilization was part of Himmler’s racial

theory; particular time and care were devoted to these

sterilization experiments.”

We learn from the record that persons subjected to treatment were

“young, well-built inmates of concentration camps who were in the best

of health, and these were Poles, Russians, French, and prisoners of

war.”

It goes without saying that the work done in conformity with the plans

of Himmler, substantially aided by the cooperation of Rudolf Brandt,

brought maiming and suffering to great numbers of people.

TYPHUS EXPERIMENTS

Medical experiments ostensibly conducted to benefit Germany in the

prevention of typhus fever were carried on in the Natzweiler

concentration camp beginning with the year 1942. The details of these

experiments have been dealt with elsewhere in this judgment.

In the evidence it is proved that not less than 50 experimental subjects

died as a direct result of their participation in these typhus

experiments. Persons of all nationalities were used as subjects.

Regarding these enterprises, Rudolf Brandt, in his own affidavit, admits

that these experimental subjects did not volunteer but were conscripted

and compelled to serve without their consent being sought or given.

Inasmuch as information on the typhus experiments, both before and after

their performance, was furnished, as a matter of course, to Himmler

through Brandt, the defendant’s full knowledge of them is regarded as

definitely proven.

Here, again, the managing hand of the defendant is shown. The smooth

operation of these experiments is demonstrated to have been contingent

upon the diligence with which Rudolf Brandt arranged for the supply of

quotas of suitable human experimental material to the physicians at the

scene of the experiment.

In view of these proven facts, the defendant Rudolf Brandt must be held

and considered as one of the defendants responsible for performance of

illegal medical experiments where deaths resulted to the nonconsenting

human subjects.

SKELETON COLLECTION

In response to a request by Rudolf Brandt, on 9 February 1942 the

defendant Sievers, business manager of the Ahnenerbe, submitted to him

certain data on the alleged desirability of securing a Jewish skeleton

collection for the Reich University of Strasbourg. The report furnished

to the defendant Brandt contained among other things the following:

“By procuring the skulls of the Jewish Bolshevik Commissars, who

personified a repulsive yet characteristic humanity, we have the

opportunity of obtaining tangible scientific evidence. The

actual obtaining and collecting of these skulls without

difficulty could be best accomplished by a directive issued to

the Wehrmacht in the future to immediately turn over alive all

Jewish Bolshevik Commissars to the field police.”

On 27 February 1942, Rudolf Brandt informed defendant Sievers that

Himmler would support the enterprise and would place everything

necessary at his disposal; and that Sievers should report again in

connection with the undertaking.

Testimony and exhibits placed before this Court are abundantly

sufficient to show that the plan mentioned was actually put into

operation; that not less than 86 people were murdered for the sole

purpose of obtaining their skeletons. Much more could be said in

reference to this revolting topic, but it would add nothing to the

judgment. The fact that Rudolf Brandt showed an initial interest and

collaborated in the undertaking is enough to require a finding that he

is guilty of murder in connection with the program.

MALARIA, SEA-WATER, AND EPIDEMIC JAUNDICE EXPERIMENTS; AND THE

CHARGE OF THE MURDER AND MISTREATMENT OF POLES

It appears to be well established that Himmler sponsored, supported,

furthered or initiated each of these enterprises. Doubtless Brandt knew

what was going on, and perhaps he helped in the program. The evidence is

not sufficient, however, to justify such a finding.

The Tribunal finds that the defendant Rudolf Brandt was an accessory to,

ordered, abetted, took a consenting part in, was knowingly connected

with plans and enterprises involving, and was a member of an

organization or group connected with, the commission of medical

experiments on non-German nationals, without their consent, in the

course of which experiments murders, brutalities, cruelties, tortures,

atrocities, and other inhuman acts were committed; and the murder of no

less than 86 non-German Jews for a skeleton collection. To the extent

that these crimes were not war crimes they were crimes against humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION

Under count four of the indictment Rudolf Brandt is charged with being a

member of an organization declared criminal by the judgment of the

International Military Tribunal, namely, the SS. The evidence shows that

Rudolf Brandt became a member of the SS in 1933, and remained in this

organization until the end of the war. As a member of the SS he was

criminally implicated in the commission of war crimes and crimes against

humanity, as charged under counts two and three of the indictment.

An extremely persuasive and interesting brief on behalf of the defendant

Rudolf Brandt, filed by his attorney, has received careful attention by

this Tribunal. Therein it is urged that Rudolf Brandt’s position under

Heinrich Himmler was one of such subordination, his personal character

so essentially mild, and he was so dominated by his chief, that the full

significance of the crimes in which he became engulfed came to him with

a shock only when he went to trial. This plea is offered in mitigation

of appalling offenses in which the defendant Brandt is said to have

played only an unassuming role.

If it be thought for even a moment that the part played by Rudolf Brandt

was relatively unimportant when compared with the enormity of the

charges proved by the evidence, let it be said that every Himmler must

have his Brandt else the plans of a master criminal would never be put

into execution.

The Tribunal, therefore, cannot accept the thesis.

CONCLUSION

Military Tribunal I finds and adjudges that the defendant Rudolf Brandt

is guilty under counts two, three and four of the indictment.

MRUGOWSKY

The defendant is charged under counts two and three of the indictment

with special responsibility for, and participation in, Freezing,

Malaria, Sulfanilamide, Typhus, Poison, Epidemic Jaundice, and

Incendiary Bomb Experiments. Charges were made concerning certain other

medical experiments, but they have been abandoned by the prosecution.

Mrugowsky joined the NSDAP in 1930 and the SS in 1931. He ultimately

rose to the rank of senior colonel in the Waffen SS.

In 1938 Mrugowsky became a member of the staff of the SS medical office,

as hygienist. At the beginning of 1939 he founded the Hygiene

Bacteriological Testing Station of the SS in Berlin, whose purpose was

to combat epidemics in the SS garrison troops of the Waffen SS. In 1940

the station was enlarged and renamed the “Hygiene Institute of the

Waffen SS.” Mrugowsky became its chief and at the same time Chief of the

Office for Hygiene in the Medical Service of the Waffen SS under

Genzken.

In his dual capacity Mrugowsky was answerable to Genzken in all

questions concerning epidemic control and hygiene in the Waffen SS, but

as Chief of the Hygiene Institute, was military superior and commander

of the Institute and its affiliated institutions with power to issue

orders.

The Medical Service of the Waffen SS was reorganized on 1 September

1943. Mrugowsky and the Hygiene Institute were transferred from under

Genzken and became directly subordinated to Grawitz as Reich Physician

SS and Police. By this transfer Mrugowsky became chief hygienist under

Grawitz, but remained Chief of the Hygiene Institute.

TYPHUS AND OTHER VACCINE EXPERIMENTS

The details concerning the vaccine experiments conducted at Buchenwald

concentration camp have been related elsewhere in this judgment and

hence the details need no further discussion.

As pointed out in the case against Handloser, there is evidence in the

record that on 29 December 1941 a conference was held in Berlin attended

by Mrugowsky at which the decision was reached to begin research tests

at Buchenwald to determine the efficacy of egg yolk, and other vaccines

as protection against typhus. As a result of the conference, such an

experimental station was established at Buchenwald under the direction

of Dr. Ding with the defendant Hoven acting as his deputy.

Except for a few tests conducted early in 1942, all experiments were

carried out in Block 46—so-called clinical block of the station. In the

autumn of 1943 a vaccine production department was established in Block

50 and this also came under the supervision of Dr. Ding-Schuler.

It would burden this judgment unnecessarily to narrate in detail the

various tests and experiments carried out by Ding at Buchenwald as a

result of the decisions reached at higher levels. All of them conformed

to a more or less uniform pattern, with certain groups of inmates being

inoculated with vaccines, other groups (known as control groups) being

given no immunization, and finally both groups being artificially

infected with a virulent virus, and the results noted upon the

experimental subjects.

We learn from the Ding diary, the authenticity and reliability of which

has been discussed at length in other portions of the judgment, the

methods employed, and the results obtained in at least some of the

experiments.

For example: In “Typhus vaccination material research series I”, which

began on 6 January 1942, 135 inmates were vaccinated with Weigl,

Cox-Haagen-Gildemeister, Behring-Normal, or Behring-Strong, vaccines; 10

persons were used for control. On 3 March 1942 all test subjects,

including control persons, were artificially infected with virulent

virus of Rickettsia-Prowazeki furnished by the Robert Koch Institute.

Five deaths occurred; three in the control group and two among the

vaccinated subjects.

In “Typhus vaccine, research series II”, from 19 August to 4 September

1942, 40 persons were vaccinated with two different vaccines; 19 persons

were used for control. Subsequently all were artificially infected with

virulent virus; four deaths among the control persons occurred.

The entries in the diary concerning “Typhus vaccine experimental series

VII” read as follows:

“28 May 43-18 June 1943: Carrying out of typhus vaccination for

immunization with the following vaccine (1) 20 persons with

vaccine ‘Asid’, (2) 20 persons with vaccine ‘Asid Adsorbat’, (3)

20 persons with vaccine ‘Weigl’ of the Institute for Typhus and

Virus Research of the High Command, Army (OKH) Krakow (Eyer) * *

*. All experimental persons got very serious typhus. 7 Sept. 43:

Chart and case history completed. The experimental series was

concluded. 53 deaths (18 with ‘Asid’) (18 with ‘Asid Adsorbat’)

(9 with ‘Weigl’) (8 control) 9 Sep. 43: Charts and case

histories delivered to Berlin. Dr. Ding, SS Sturmbannfuehrer.”

Concerning “Typhus vaccine experimental series VIII” began on 8 March

1944 the following entry appears in the diary:

“Suggested by Colonel M.C. of the Air Corps, Professor Rose

(Oberstarzt) the vaccine ‘Kopenhagen’ (Ipsen-Murine-vaccine),

produced from mouse liver by the national serum institute in

Copenhagen, was tested for its compatibility on humans. 20

persons were vaccinated for immunization by intramuscular

injection * * *, 10 persons were contemplated for control and

comparison. 4 of the 30 persons were eliminated _before_ the

start of the artificial injection because of intermittent

sickness * * *. The remaining experimental persons were infected

on 16 April 44 by subcutaneous injection of 1/20 cc. typhus sick

fresh blood * * *. The following fell sick: 17 persons

immunized: 9 medium, 8 seriously; 9 persons control, 2 medium, 7

seriously * * *. 2 June 44: The experimental series was

concluded. 13 June 44: Chart and case history completed and sent

to Berlin. 6 deaths (3 Kopenhagen) (3 control). Dr. Ding.”

“Typhus vaccine experimental series IX” began on 17 July 1944. Twenty

persons were immunized with the vaccine “Weimar” produced by the

department for Typhus and Virus Research of the Hygiene Institute of the

Waffen SS; and for comparison, another group of 20 persons were

immunized with vaccine “Weigl” produced from lice by the Army High

Command (OKH) in Cracow [Krakow]. Still another group of 20 persons were

used for the control group. On 6 September 1944 the 60 experimental

persons were infected with fresh blood “sick with typhus” which was

injected into the upper arm. As a result, all experimental persons

became sick, some seriously. The narration of this experimental series

closes with the cryptic report: “4 Nov 44: Chart and case history

completed, 24 deaths (5 ‘Weigl’) (19 Control). Dr. Schuler.”

These entries are but few of the many which we have taken at random from

the Ding diary, dealing with the sordid murders of defenseless victims

in the name of Nazi medical science. Many more could be set forth if

time and space permitted. An analysis of the Ding diary discloses that

no less than 729 concentration camp inmates were experimented on with

typhus, at least 154 of whom died. And this toll of death takes no

account of the certain demise of scores of so-called “passage” persons

who were artificially infected with typhus for the sole purpose of

having at hand an ever-ready supply of fresh blood “sick with typhus” to

be used to infect the experimental subjects.

There is some evidence to the effect that the camp inmates used as

subjects in the first series submitted to being used as experimental

subjects after being told that the experiments were harmless and that

additional food would be given to volunteers. But these victims were not

informed that they would be artificially infected with a highly virulent

virus nor that they might die as a result. Certainly no one would

seriously suggest that under the circumstances these men gave their

legal consent to act as subjects. One does not ordinarily consent to be

the special object of a murder, and if one did, such consent would not

absolve his slayer.

Later, when news of what was happening in Block 46 became generally

known in the camp, it was no longer possible to delude the inmates into

offering themselves as victims. Thereupon, the shabby pretense of

seeking volunteers was dropped and the experimental subjects were taken

arbitrarily from a list of inmates prepared by the camp administration.

Other experiments were also carried out in Block 46 of Buchenwald to

test typhoid, para-typhoid A and B, and yellow fever.

As in the typhus experiments, nonconsenting human subjects were used,

including not only German criminal prisoners but also Poles, Russians,

and Frenchmen, both civilians and prisoners of war.

In all the typhus experiments, death resulted to many experimental

subjects. As to each of these experiments the evidence is overwhelming

that they were carried out by Ding under the orders or authority of the

defendant Mrugowsky.

POISON EXPERIMENTS

On 11 September 1944 Mrugowsky, Ding, and a certain Dr. Widmann carried

out an experiment with aconitin nitrate projectiles in the Sachenshausen

concentration camp. Details of the experiment are fully explained by a

“Top Secret” report of the sordid affair in a letter written by the

defendant Mrugowsky to the Criminological Institute, Berlin. The letter

follows:

“Subject: Experiments with aconitin nitrate projectiles.

To the Criminological Institute

Attn: Dr. Widmann

Berlin

“In the presence of SS Strumbannfuehrer Dr. Ding, Dr. Widmann,

and the undersigned, experiments with aconitin nitrate

projectiles were conducted on 11 September 1944 on 5 persons who

had been condemned to death. The projectiles in question were of

a 7.65-mm caliber, filled with crystalized poison. The

experimental subjects, in a lying position, were each shot in

the upper part of the left thigh. The thighs of two of them were

cleanly shot through. Even afterwards, no effect of the poison

was to be observed. These two experimental subjects were

therefore exempted.

“The entrance of the projectile did not show any peculiarities.

Evidently, the arteria femolaries of one of the subjects was

injured. A light stream of blood issued from the wound. But the

bleeding stopped after a short time. The loss of blood was

estimated as having been at the most ¾ of a liter, and

consequently was on no account fatal.

“The symptoms of the condemned three showed a surprising

similarity. At first no peculiarities appeared. After 20-25

minutes a motor agitation and a slight ptyalism set in but

stopped again. After 40 to 45 minutes a stronger salivation set

in. The poisoned persons swallowed repeatedly, but later the

flow of saliva became so strong that it could not even be

overcome by swallowing. Foamy saliva flowed from their mouths.

Then choking and vomiting set in.

“After 58 minutes the pulse of two of them could no longer be

felt. The third had a pulse rate of 76. After 65 minutes his

blood pressure was 90/60. The sounds were extremely low. A

reduction of blood pressure was evident.

“During the first hour of the experiment the pupils did not show

any changes. After 78 minutes the pupils of all three showed a

medium dilation together with a retarded light reaction.

Simultaneously, maximum respiration with heavy breathing

inhalations set in. This subsided after a few minutes. The

pupils contracted again and their reaction improved. After 65

minutes the patellar and achilles tendon reflexes of the

poisoned subjects were negative. The abdominal reflexes of two

of them were also negative. The upper abdominal reflexes of the

third were still positive, while the lower were negative. After

approximately 90 minutes, one of the subjects again started

breathing heavily, this was accompanied by an increasing motor

unrest. Then the heavy breathing changed into a flat,

accelerated respiration, accompanied by extreme nausea. One of

the poisoned persons tried in vain to vomit. To do so he

introduced four fingers of his hand up to the knuckles into his

throat, but nevertheless could not vomit. His face was flushed.

“The other two experimental subjects had already early shown a

pale face. The other symptoms were the same. The motor unrest

increased so much that the persons flung themselves up, then

down, rolled their eyes, and made meaningless motions with their

hands and arms. Finally the agitation subsided, the pupils

dilated to the maximum, and the condemned lay motionless.

Masseter spasms and urination were observed in one case. Death

occurred 121, 123 and 129 minutes after entry of the projectile.

“_Summary._ The projectiles filled with approximately 38 mg. of

aconitin nitrate in solid form had, in spite of only

insignificant injuries, a deadly effect after two hours.

Poisoning showed 20 to 25 minutes after injury. The main

reactions were: salivation, alteration of the pupils, negative

tendon reflexes, motor unrest, and extreme nausea.

“MRUGOWSKY

“SS Lecturer Oberfuehrer and Office Chief.”

The defendant attempts to meet this charge with the defense that the

subjects used in this experiment were persons who had been condemned to

death and that he, Mrugowsky, had been appointed as their legal

executioner.

One need but read the letter introduced in evidence to arrive at the

conclusion that the defense has no validity. This was not a legal

execution carried out in conformance with the laws and rules of war, but

a criminal medical experiment wherein wounds were inflicted on prisoners

with the sole end in view of determining the effectiveness of poisoned

bullets as a means of taking life. The hapless victims of this dastardly

torture were Russian prisoners of war, entitled to the protection

afforded by the laws of civilized nations. As has been said, in

substance, in this judgment: While under certain specific conditions the

rules of land warfare may recognize the validity of an execution by

shooting, it will not under any circumstances countenance the infliction

of death by maiming or torture.

SULFANILAMIDE EXPERIMENTS

That Mrugowsky rendered assistance to Gebhardt in the sulfanilamide

experiments at Ravensbrueck is plainly shown by the record. Mrugowsky

put his laboratory and co-workers at Gebhardt’s disposal. He furnished

the cultures for the infections. It was on the suggestion of Mrugowsky’s

office that wood shavings and ground glass were placed in the wounds of

the subjects so that battlefield wounds would be more closely simulated.

GAS OEDEMA EXPERIMENTS

Toward the end of 1942 a conference was held in the Military Medical

Academy, Berlin, to discuss the effects of gas oedema serum on wounded

persons. During the conference, several cases were reported in which

wounded soldiers who had received gas oedema serum injections in large

quantities suddenly died without apparent reason. Mrugowsky, who

participated in the conference, expressed the possibility that perhaps

the deaths had been due to the phenol content of the serum. As a step

toward solving the problem Mrugowsky ordered Dr. Ding-Schuler, his

subordinate, to take part in a euthanasia killing with phenol and to

report on the results in detail.

In pursuance of the order given, Dr. Ding and the defendant Hoven killed

some of the concentration camp inmates at Buchenwald with phenol

injections and Ding reported his findings to his superior officer,

Mrugowsky, as required by the order.

FREEZING, INCENDIARY BOMB, AND EPIDEMIC JAUNDICE

EXPERIMENTS

As to these items the Tribunal is of the view that the evidence is

insufficient to sustain the charges.

It has been proved beyond a reasonable doubt that the defendant

Mrugowsky was a principal in, accessory to, ordered, abetted, took a

consenting part in, and was knowingly connected with plans and

enterprises involving medical experiments on non-German nationals,

without their consent, in the course of which experiments, murders,

brutalities, cruelties, tortures, atrocities, and other inhuman acts

were committed. To the extent that these crimes were not war crimes they

were crimes against humanity.

COUNT FOUR

Under count four of the indictment, the defendant is charged with being

a member of an organization declared criminal by the International

Military Tribunal, namely, the SS.

The evidence proves that Mrugowsky joined the NSDAP in 1930 and

voluntarily became a member of the Waffen SS in 1931. He remained in

these organizations throughout the war. As a member of the Waffen SS, he

was criminally implicated in the commission of war crimes and crimes

against humanity as discussed in this judgment.

CONCLUSION

Military Tribunal I finds and adjudges that the defendant Joachim

Mrugowsky is guilty under counts two, three, and four of the indictment.

POPPENDICK

The defendant Poppendick is charged under counts two and three of the

indictment with personal responsibility for, and participation in,

High-Altitude, Freezing, Malaria, Sulfanilamide, Sea-Water, Epidemic

Jaundice, Sterilization, Typhus, and Poison experiments. He is charged

under count four with being a member of an organization declared

criminal by the judgment of the International Military Tribunal.

The charges with reference to high-altitude and poison experiments have

been abandoned by the prosecution and hence will not be considered

further.

Poppendick studied medicine at several German universities from 1921 to

1926 and passed his state examination in December of the latter year. He

joined the NSDAP on 1 March 1932 and the SS on 1 July following. He rose

to the rank of lieutenant colonel in the SS and to the rank of senior

colonel in the Waffen SS. He was also a member of a Nazi Physicians’

Association. In August 1935 he was appointed as a physician in the Main

Race and Settlement Office in Berlin and became chief physician of that

office in 1941. He held the latter appointment until the fall of 1944.

From 1 September 1939 until sometime in 1941, Poppendick was on active

duty in the army as a surgeon. During the latter year he resumed his

duties with the Race and Settlement Office in Berlin. Between 1939 and

1943, he performed some duties as a member of the staff of the Reich

Physician SS and Police, Dr. Grawitz, taking care of special

assignments.

In the fall of 1943 Poppendick was made Chief of the Personal Office of

Grawitz, which position he retained until the end of the war.

FREEZING EXPERIMENTS

The evidence is that Poppendick gained knowledge of the freezing

experiments conducted by Rascher at Dachau, as the result of a

conference held between Rascher, Grawitz, and Poppendick on 13 January

1943 for the purpose of discussing certain phases of the research. The

evidence does not prove beyond a reasonable doubt that Poppendick was

criminally connected with these experiments.

MALARIA EXPERIMENTS

The prosecution contends that Poppendick is criminally responsible for

the malaria experiments conducted by Dr. Schilling at Dachau. Dr.

Ploetner was engaged in the malaria experiments as a subordinate of

Schilling. Sievers’ Diary, which is in evidence, contains a notation

that on 23 May 1944 Grawitz, Poppendick, Ploetner, and Sievers held a

conference, which had probably been arranged by Poppendick three days

previously by telephone. The subject of the conference is not disclosed

by the diary entry, but it appears elsewhere in the diary that on 31 May

1944 Grawitz sanctioned Ploetner’s collaboration with Schilling.

Poppendick testified as a witness on his own behalf that he had heard

that Schilling was carrying on special investigations at Dachau

concerning immunity from malaria. He stated further that his knowledge

of the nature of the investigations went no further. The record does not

contradict his testimony.

The Tribunal finds that the evidence does not disclose beyond a

reasonable doubt that Poppendick was criminally connected with the

malaria experiments.

SULFANILAMIDE EXPERIMENTS