Your Honors, if one surveys the conduct of Professor Schroeder during the entire period from 1940 until the end of the war, one will not be able to find one single piece of evidence to show that Professor Schroeder at any time or in any manner violated the duties which the calling of a physician or medical ethics prescribed for him. In no instance did he act in a manner which could not stand examination by a court. One may well claim that he never disregarded the maxim of Hippocrates “primum nil nocere,” but preserved it as a guiding principle of his actions as a doctor and officer of the medical services of the German Luftwaffe.
The prosecution has failed to prove that Schroeder ever ordered such an experiment during the period of time covered by the charges of the prosecution, or that he participated or had knowledge of any such experiment. It has not even been proved that it was possible or necessary for him to gain knowledge of such experiments. Professor Schroeder has clearly explained why he could not gain such knowledge. For the whole period of time from 1942 to the end of 1943 the responsibility must rest on Professor Hippke, but not on Professor Schroeder.
EXTRACTS FROM THE FINAL PLEA FOR DEFENDANT
ROSTOCK[[146]]
In the opening statement General Taylor said that the Reich Commissioner for the Medical and Health System was to be regarded as the supreme Reich authority. (Tr. p. 19.) The emphasis on this word is confusing and contradicts the authentic Document NO-082, Prosecution Exhibit 7 which states, “In this capacity his agency is a supreme Reich authority.” In this decree, then, the word “the” is missing. But this is most essential. For the decree signifies that it is one of many “supreme Reich authorities,” whereas the type of expression chosen by General Taylor must lead one to conclude that it was the only “supreme Reich authority” in the Department of Health. But, as the evidence has shown, this was not true. In his opening statement on 9 December 1946 (Tr. p. 19) General Taylor said: “Rostock’s position comprised the activities of the medical societies, the medical universities, and the Reich Research Council.”
During this trial none of the numerous German medical societies, with the exception of Ahnenerbe, have been attacked. I want to point out here that, first of all, the Ahnenerbe cannot be considered as a medical society, as is proved beyond doubt by the plan of organization submitted to this Tribunal. (Sievers 2, Sievers Ex. 4; Sievers 3, Sievers Ex. 6.) And let me point out that Rostock testified (Tr. p. 3296) that during the war he did not know this society or even its name, and that on 11 April 1947 the witness Sievers stated (Tr. p. 5788) that Ahnenerbe’s medical institutes for scientific research of military value were not subordinate to the Commissioner General for the Medical and Health System, that means, were not subordinate to the office directed by Rostock.
Neither were the medical universities subject to his supervision. They were subordinate to the Reich Ministry of Education.
I shall deal with the Reich Research Council later on. First, I would like to deal with the Office for Science and Research. As far as the incorporation into the German state machinery of the Office of the Commissioner General or the Reich Commissioner for the Medical and Health Services is concerned, I refer to Dr. Servatius’ statements.
Without a doubt, the prosecution has gained the wrong impression of the extent, actual activity, and influence on other agencies of the Office for Science and Research.