Genzken had no responsibility, no authority to give orders, and no official supervisory power regarding the Typhus Experimental Station in Block 46 of the Buchenwald concentration camp. All these were in the hands of Grawitz. The latter gave direct orders for the experiments to be carried out to Ding who was his immediate subordinate. Ding’s reports went directly through Mrugowsky to Grawitz and never to Genzken. The latter had no knowledge whatsoever of the criminal methods of the experiments. Genzken had no responsibility, no official supervisory power, and no possibility to interfere by an order; owing to his ignorance of the facts, he had no cause to reassure himself of the conditions under which the experiments took place. Therefore a sentence in connection with counts two and three of the indictment ought not to follow. I, therefore, ask that the verdict should not be confirmed on these points, as Genzken is not guilty of a war crime or of a crime against humanity as is clearly proved by the evidence.
With regard to his membership in the SS, this fact alone is not sufficient to bring about his conviction before the American Military Tribunal. In addition, it would be necessary that his knowledge of criminal experiments should have been proved as in the Poppendick case. However, in accordance with the above statements this is not the case.
Only the competent German Denazification Board could convict the defendant for his SS membership. I therefore propose that the case be referred to the Denazification Board competent for his home town Preetz/Holstein.
[Signature] Dr. R. Merkel,
Attorney-at-Law.
FOR THE DEFENDANT RUDOLF BRANDT
Dr. Kurt Kauffmann
Counsel for the Defense of the Defendant Rudolf Brandt
Nuernberg, 2 September 1947