Finally, the experiment must be stopped by the physician if it is evident that the expected result is attained or most probably will not be attained.
The assignment of persons needed for an experiment in the course of infliction of punishment can take place only at the instigation of the executory office in whose custody the prisoner is held.
It has been pointed out that many persons used for experiments were foreigners, and that this fact should have prevented experiments on them. In this connection the following reference is made:
It is a fact that strong resistance movements in the West, and especially in the East, waged a total partisan war against the German troops and caused bloody sacrifices. International law does not object to capital punishment for participants in illegal combat and illicit sudden attacks against members of the occupation army. If, therefore, instead of the permissible execution of capital punishment, mitigation through an attempt at expiation occurs, special consideration should be given to this fact.
The reproach that no experiments should have been made on political prisoners contradicts the fact that the political opponent, in all countries and at all times, has in most cases been punished more severely than the criminal, namely on the basis of criminal law governing treason, espionage, and contravention of war measures, i. e., political orders. Reference is hereby made to the fact that every occupation army threatens capital punishment for many, otherwise insignificant, offenses.
EXTRACTS FROM THE FINAL PLEA FOR
DEFENDANT RUFF[[164]]
Prisoners as voluntary experimented subjects