This exhausts all possible modes of behavior prior to the criminal offense. Whatever happened afterwards cannot have any relevant bearing on this legal evidence. This is impossible since all causality is lacking.
With regard to the question of a possible offense against the duties of a supervisor, the following must be said: According to Art. 147 of the German Military Penal Code “Whoever neglects to carry out the task incumbent upon him of supervising his subordinates either intentionally or through negligence” is liable to punishment. According to German theory and judicial practice, the application of this law presupposes the existence of a direct relationship between superior and subordinate.
If anything inadmissible or punishable happens in the sphere of duty this might be attributed to the fact that the supervising official neglected his duty, but it is also possible that it occurred through no fault of the supervising official. In the first instance the supervising official is liable to punishment according to Art. 147 of the Military Penal Code; this, however, does not apply in the latter case. The question only arises of whether in the former case the supervising official has to answer before criminal law for the action of his subordinate. This must be answered in the negative. An offense against the duties of service supervision constitutes in itself an offense. It does not automatically demand that the supervising official should be punished for the criminal offense committed by the subordinate, for according to the criminal laws of all civilized countries, a person can only be made responsible before criminal law for an offense committed by himself, i. e., if the supervising official can be considered an accomplice or participant in the crime of a subordinate. Only thus can the passage of count one, 3 of the indictment be understood. This provides for a responsibility before criminal law for others, “for whose actions the defendants are responsible.”
The prerequisites for this case have been set forth above.
The position of Professor Handloser as Chief of the Armed Forces Medical Service
The prosecution asserts that Handloser as Chief of the German Armed Forces Medical Service had the supreme supervision and command of the medical services of the three branches of the armed forces as well as of the Waffen SS. This is a fundamental error which is based on the incomprehensible statement of the chief prosecutor in his opening statement:
“Under the OKW came the High Commands of the three branches of the Wehrmacht—the Navy (OKM), the Army (OKH), and the Air Force (OKL).”
From the verdict of the IMT, I quote the following in regard to the Chief of the Supreme Command of the Armed Forces (OKW) who was the superior of the defendant Handloser: