Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I

by Various

The proceedings in these trials were conducted throughout in the German and English languages, and were recorded in full by stenographic notes, and by electrical sound recording of all oral proceedings. The 12 cases required over 1,200 days of court proceedings and the transcript of these proceedings exceeds 330,000 pages, exclusive of hundreds of document books, briefs, etc. Publication of all of this material, accordingly, was quite unfeasible. This series, however, contains the indictments, judgments, and other important portions of the record of the 12 cases, and it is believed that these materials give a fair picture of the trials, and as full and illuminating a picture as is possible within the space available. Copies of the entire record of the trials are available in the Library of Congress, the National Archives, and elsewhere.

In some cases, due to time limitations, errors of one sort or another have crept into the translations which were available to the Tribunal. In other cases the same document appears in different trials, or even at different parts of the same trial, with variations in translation. For the most part these inconsistencies have been allowed to remain and only such errors as might cause misunderstanding have been corrected.

Volume I and part of Volume II of this series are dedicated to the first of the twelve cases, United States vs. Karl Brandt, et al. (Case No. 1). This trial has become known as the Medical Case, because 20 of the 23 defendants were doctors, and the charges related principally to medical experimentation on human beings. The remainder of Volume II is devoted to the trial of former Field Marshal Erhard Milch, who was also charged with criminal responsibilities for medical experimentation on human beings (of which charge he was acquitted), and with responsibility for the deportation to forced labor of numerous civilians, in violation of the laws of war (of which charge he was convicted).

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CONTENTS

Preface				[iii]
Trials of War Criminals before Nuernberg Military Tribunals				[vii]
Declaration on German Atrocities				[viii]
Executive Order 9547				[ix]
London Agreement of 8 August 1945				[ix]
Charter of The International Military Tribunal				[xi]
Control Council Law No. 10				[xvi]
Executive Order 9679				[xx]
General Orders Number 301, Hq. USFET, 24 October 1946				[xx]
Military Government—Germany, United States Zone, Ordinance No. 7				[xxi]
Military Government—Germany, Ordinance No. 11				[xxvi]
Officials of the Office of the Secretary General				[xxviii]
“The Medical Case”
Introduction				[3]
Order Constituting Tribunal I				[5]
Members of the Tribunal				[6]
Prosecution Counsel				[7]
Defense Counsel				[7]
I. Indictment				[8]
II. Arraignment				[18]
III. Statement of the Tribunal on the Order of Trial and Rules of Procedure, 9 December 1946				[24]
IV. Opening Statement of the Prosecution by Brigadier General Telford Taylor, 9 December 1946				[27]
V. Introductory Statement on the Presentation of Evidence Made by the Prosecution, 10 December 1946				[75]
VI. Organization of the German Medical Services				[81]
VII. Extracts from Argumentation and Evidence of Prosecution and Defense				[92]
	A. Medical Experiments			[92]
		1.	High-altitude Experiments	[92]
		2.	Freezing Experiments	[198]
		3.	Malaria Experiments	[278]
		4.	Lost (Mustard) Gas Experiments	[314]
		5.	Sulfanilamide Experiments	[354]
		6.	Bone, Muscle and Nerve Regeneration, and Bone Transplantation Experiments	[391]
		7.	Sea-water Experiments	[418]
		8.	Epidemic Jaundice Experiments	[494]
		9.	Typhus and Other Vaccine Experiments	[508]
		10.	Experiments with Poison	[631]
		11.	Incendiary Bomb Experiments	[639]
		12.	Phlegmon Experiments	[653]
		13.	Polygal Experiments	[669]
		14.	Gas Oedema (Phenol) Experiments	[684]
		15.	Experiments for Mass Sterilization	[694]
	B. Jewish Skeleton Collection			[738]
	C. Project to kill Tubercular Polish Nationals			[759]
	D. Euthanasia			[794]
	E. Selections from Photographic Evidence of the Prosecution			[897]
VIII. Evidence and Arguments on Important Aspects of the Case				[909]
	A. Applicability of Control Council Law No. 10, to offenses against Germans During the War			[909]
	B. Responsibility of Superiors for Acts of Subordinates			[925]
	C. Responsibility of Subordinates for Acts Carried Out under Superior Orders			[957]
	D. Status of Occupied Poland under International Law			[974]
	E. Voluntary Participation of Experimental Subjects			[980]
(Sec. VIII continued in Vol. II)
Volume II
VIII. Evidence and Arguments on Important Aspects of the Case
	F. Necessity
	G. Subjection to Medical Experimentation as Substitute for Penalties
	H. Usefulness of the Experiments
	I. Medical Ethics
		1.	General
		2.	German Medical Profession
		3.	Medical Experiments in other Countries
IX. Ruling of the Tribunal on Count One of the Indictment
X. Final Plea for Defendant Karl Brandt by Dr. Servatius
XI. Final Statements of the Defendants, 19 July 1947
XII. Judgment
Sentences
XIII. Petitions
XIV. Affirmation of Sentences by the Commander of the U. S. Zone of Occupation
XV. Supreme Court of the United States Denial of Writs of Habeas Corpus
Appendix
Table of Comparative Ranks
List of Witnesses in Case I
Index

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TRIALS OF WAR CRIMINALS BEFORE NUERNBERG MILITARY TRIBUNALS

Case
No.	United States against	Popular Name	Volume No.
1	Karl Brandt, et al.	Medical Case	I and II
2	Erhard Milch	Milch Case	II
3	Josef Altstoetter, et al.	Justice Case	III
4	Oswald Pohl, et al.	Pohl Case	V
5	Friedrich Flick, et al.	Flick Case	VI
6	Carl Krauch, et al.	I. G. Farben Case	VII and VIII
7	Wilhelm List, et al.	Hostage Case	XI
8	Ulrich Greifelt, et al.	RuSHA Case	IV and V
9	Otto Ohlendorf, et al.	Einsatzgruppen Case	IV
10	Alfred Krupp, et al.	Krupp Case	IX
11	Ernst von Weizsaecker, et al.	Ministries Case	XII, XIII, and XIV
12	Wilhelm von Leeb, et al.	High Command Case	X and XI
	Procedure		XV

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