TYPHUS EXPERIMENTS:
Under Counts Two and Three of the Indictment Handloser is charged with special responsibility for, and participation in, Typhus experiments conducted in the Buchenwald Concentration Camp which were supervised by a certain Dr. Ding, and like experiments conducted in the Natzweiler Concentration Camp by a certain Dr. Haagen. As shown elsewhere in the Judgment, these experiments were unlawful and resulted in deaths of non-German nationals.
There can be no question but that in 1941 Typhus was a potential menace to the German Army and to many German civilians. The use of an adequate Typhus Vaccine was therefore a matter of prime importance. The distribution of vaccines to the Wehrmacht was within the control of Handloser. In the exercise of his functions he was also interested in Typhus vaccine production.
The Typhus and Virus Institutes of the OKH at Cracow and Lemberg were engaged in the production of the Weigl vaccine from the intestines of lice. This vaccine was thought to be effective, but the production procedure was complicated and expensive; hence, sufficient quantities of this vaccine could not be furnished. Another vaccine the so-called Cox-Haagen-Gildemeister vaccine, produced from egg yolk cultures - could be quickly produced in large quantities, but its protective qualities had not been sufficiently demonstrated.
Evidence is before the Tribunal that the general problem was discussed at a meeting held in Berlin, 29 December 1941, attended by Dr. Bieber of the Ministry of Interior; Gildemeister; Dr. Scholtz, a subordinate of Handloser; two physicians of the "governing body of the Government General;" and three representatives of the Behring Works. It is stated in the minutes of this conference that:
"The vaccine which is presently being produced by the Behring Works from chicken eggs shall be tested for its effectiveness in an experiment."
For the purpose above referred to, Dr. Demnitz of the Behring Works would contact Dr. Mrugowsky. The minutes of the meeting were prepared by Bieber, under date 4 January 1942.
A copy of the minutes of the meeting last referred to was forwarded to the Army Medical Inspectorate at Berlin. It thus appears that a representative of Handloser's office, Scholtz, attended the meeting, and that a copy of the minutes was forwarded to the Army Medical Inspectorate.
There is also evidence that on the same day a conference was held between the defendant Handloser; Conti of the Ministry of Interior; Reiter of the Health Department of the Reich; Gildemeister of the Robert Koch Institute; and the defendant Mrugowsky, at which time it was decided to establish a research station at Buchenwald Concentration Camp to test the efficacy of the egg-yolk, and other vaccines on concentration camp inmates. As a result of the conference an experimental station was established at Buchenwald under the direction of Dr. Ding, with the defendant Hoven acting as his deputy.
Inasmuch as some of this information comes from Prosecution Exhibit 287, referred to as the "Ding Diary", a discussion of the document is now appropriate.
Dr. Ding (who later changed his name to Schuler) was a very ambitious man who was apparently willing to engage in any professional activity which he thought might further his medical career. He gladly seized upon the opportunity to conduct experiments on concentration camp inmates in connection with the vaccine study.
Every German officer holding a position comparable to that held by Dr. Ding was required to keep a journal or diary showing his official activities. It appears that Ding kept two diaries. Ding's personal diary containing official and personal entries and work reports has disappeared; his official leg or journal concerning his work at Buchenwald is the document in evidence. This diary was kept by one Eugen Kogon, an inmate at Buchenwald. He made the actual entries and Ding verified and signed them.
Kogon, an Austrian subject, testified for the Prosecution. We learn from hid testimony that he was a former newspaper editor and held other highly responsible positions.
He was sent by the German authorities to Buchenwald in 1939 as a political prisoner. In April 1943 he was assigned to Ding as a clerk or assistant. For many months prior to that time, however, he had been on extremely friendly terms with Ding and as a consequence was completely familiar with Ding's operations. Indeed, so close was the attachment that during the first half of the year 1942 Ding had dictated the first portion of the diary which is in evidence, and Kogon had transcribed it. After officially becoming Ding's assistant in 1943 all correspondence of every nature with which Ding was concerned passed through the hands of Kogon.
The diary came into Kogon's possession at the breaking up of the camp, and remained in his possession, as he testified, until he delivered it to the Office of Chief of Counsel for War Crimes at Nurnberg.
It is manifest that the entries in the diary were often not made on the day they bear date; but this does not mean that it has no probative value. Almost every entry in the diary is personally signed by Ding. Time and again the entries in the diary have been corroborated by other credible evidence. The defendants themselves who were familiar with operations at Buchenwald have confirmed the entries in important essential particulars. We consider the diary as constituting evidence of considerable probative value, and shall give to the entries such consideration as under all circumstances they are entitled to receive.
The first entry in the Ding Diary, under date of 29 December 1941, reads as follows:
"Conference between Army Sanitation Inspection, General Chief Surgeon Professor Dr. Handloser; State Secretary for the Department of Health of the Reich SS Gruppenfuehrer Dr. CONTI: President Professor REITER of the Health Department of the Reich; President Professor GILDEMEISTER of the Robert Koch Institute (Reich Institution to Combat Contagious Diseases) and SS Standartenfuehrer and Lecturer (Dozent) Dr. MRUGOWSKY of the Institute of Hygiene, WaffenSS, Berlin.
"It has been established that the need exists, to test the efficiency of, and resistance of the human body to, the spotted fever serum extracted from egg yolks. Since tests on animals are not of sufficient value, tests on human beings must be carried out."
This entry preceded by only a few days the actual commencement of the experiments on concentration camp inmates to determine the efficiency of the egg yolk vaccine.
It seems certain that the foregoing entry in the Ding Diary was written or rewritten at some date later than that which it bears, but the entry may be accepted as evidence of probative value to the fact that it was agreed by some persons in authority that experiments with vaccine prepared from egg yolks be made on concentration camp inmates at Buchenwald. The next entry in the diary bears date 2 January 1942, and reads as follows:
"The concentration camp Buchenwald is chosen for testing the spotted fever serums. SS Hauptsturmfuehrer Ding is charged with these facts."
Handloser testified that many conferences concerning typhus vaccine took place and that he was interested in the testing of chickenegg vaccine "on a sufficient number of persons in a certain vicinity, that is, within an area where Typhus had already occurred or there was imminent danger existing." He also testified that during the summer of 1941 he met Mrugowsky, who was recommended to him by Schreiber, Handloser's subordinate. He also testified that he discussed the matter of the chicken-egg vaccines with Gildemeister and Conti. Handloser testified that he was present at many conferences, both at the front and in rear echelons, where such matters were discussed. Mrugowsky, in a letter dated 3 May 1942, reported to Eyer (who was a subordinate of Handloser) of the Typhus and Vaccine Institute of the High Command at Cracow, describing the results of the first series of experiments carried out in Buchenwald. The experiments covered both the Weigl and egg-yolk vaccines. This report called attention to the fact that two experimental subjects had died.
An entry in the Ding Diary dated 8 February 1943 states that Dr. Eyer and Dr. Schmidt, a hygienist on the staff of the Medical Inspectorate, visited the Typhus and Virus Institute at Buchenwald. Schmidt, a subordinate of Handloser from 1942 until August 1944, stated that he and Eyer had visited Buchenwald.
He testified that his visit was concerned only with yellow fever vaccine tests which were being carried out at that station. This statement by the witness is not convincing. From the Ding Diary it appears that infected lice were received by Ding prior to 30 November 1942. If this is correct, these lice could have come only from an institute under control of the Army over which Handloser had jurisdiction.
Ding reported on his activities at the meeting of the Consulting Surgeons of the Wehrmacht held in May 1943 in Berlin. Handloser was present at that meeting but may not have heard the report, the report having been made to the Hygiene Section, which was presided over by Schreiber, Handloser's subordinate. Defendant Rose, having heard the report, openly objected to the character of the experiments carried out at Buchenwald. Schreiber, then, had full knowledge of the nature of the experiments there carried on. Rose's vigorous objection was doubtless a subject of general interest.
Handloser testified that on at least two occasions he discussed with Mrugowsky matters connected with vaccines against Typhoid, Typhus and other diseases. He stated that he was unable to fix the dates of these conferences.
The entries in the Ding Diary clearly indicate an effective liaison between the Army Medical Inspectorate and the experiments which Ding was conducting at Buchenwald. There is also credible evidence that the Inspectorate was in formed of medical research carried on by the Luftwaffe. These experiments at Buchenwald continued after Handloser had gained actual knowledge of the fact that concentration camp inmates had been killed at Dachau as the result of freezing; and that inmates at Ravensbruck had died as victims of the sulfanilamide experiments conducted by Gebhardt and Fischer. Yet with this knowledge Handloser in his superior medical position made no effort to investigate the situation of the human subjects or to exercise any proper degree of control over those conducting experiments within his field of authority and competence.
Had the slightest inquiry been made the facts would have revealed that in vaccine experiments already conducted at Buchenwald, deaths had occurred--both as a result of artificial infections by the lice which had been imported from the Typhus and Virus Institutes of the OKH at Cracow or Lemberg, or from infections by a virulent virus given to subjects after they had first been vaccinated with either the Weigl, Cox-Haagen-Gildemeister, or other vaccines, whose efficacy was being tested. Had this step been taken, and had Handloser exercised his authority, later deaths would have been prevented in these particular experiments which were originally set in motion through the offices of the Medical Inspectorate and which were being conducted for the benefit of the German armed forces.
These deaths not only occurred with German nationals, but also among non-German nationals who had not consented to becoming experimental subjects.
OTHER EXPERIMENTS:
The defendant Handloser is also charged with special responsibility for, and participation in, Malaria, Lost Gas, Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea Water, and Epidemic Jaundice, Experiments. In our view the evidence is insufficient to show any criminal connection of the defendant Handloser with regard to these experiments.
The law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war. The reason for the rule is plain and understandable. As is pointed out in a decision rendered by the Supreme Court of the United States, entitled Application of Yamashita, reported on 66 Supreme Court, Pages 340-347, 1946:
"It is evident that the conduct of military operations by troops whose exesses are unrestrained by the orders or efforts of their commander would almost certainly result in violations which it is the purpose of the law of war to prevent. Its purpose to protect civilian populations and prisoners of war from brutality would largely be defeated if the commander of an invading army could with impunity neglect to take reasonable measures for their protection.
Hence the law of war presupposes that its violation is to be avoided through the control of the operations of war by commanders who are to some extent responsible for their subordinates."
What has been said in this decision applies peculiarly to the case of Handloser.
In connection with Handloser's responsibility for unlawful experiments upon human beings, the evidence is conclusive that with knowledge of the frequent use of non-German nationals as human experimental subjects, he failed to exercise any proper degree of control over those subordinated to him who were implicated in medical experiments coming within his official sphere of competence. This was a duty which clearly devolved upon him by virtue of his official position. Had he exercised his responsibility great numbers of non-German nationals would have been saved from murder. To the extent that the crimes committed by or under his authority were not war crimes they were crimes against humanity.
CONCLUSION Military Tribunal I finds and adjudges the defendant Siegfried Handloser guilty, under Counts Two and Three of the Indictment.
THE PRESIDENT: Judge Crawford will continue with the reading of the indictment.
JUDGE CRAWFORD: ROSTOCK The defendant Rostock is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, Malaria, Lost (Mustard) Gas, Sulfanilamide, Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea Water, Epidemic Jaundice, and Spotted Fever experiments.
Rostock was a physician of recognized ability. From 1933 to 1941 he occupied, successively, the positions of Senior Surgeon of the Surgical Clinic in Berlin, Professor of Surgery of the University of Berlin, and Deputy Director of the University Clinic. In 1941 he was appointed Director of the Surgical Clinic, and in 1942 he became Dean of the Medical Faculty of the University of Berlin.
Prior to the war, he had joined the NSDAP, and in 1939 he was assigned to military duty as a Consulting Physician. In 1942 he was appointed Consulting Surgeon to the Army Medical Inspectorate and was subordinate to the Military Medical Academy in Berlin. He attained the rank of Brigadier General, Medical Department (Reserve). In 1943 he was appointed Chief of the Office for Medical Science and Research, a department under the supervision of defendant Karl Brandt, in which position Rostock remained until the end of the war. From the time he received the last-mentioned appointment, Rostock acted as Brandt's deputy on the Reich Research Council.
As Karl Brandt's deputy, Rostock was his agent in the field of medical science and research--Rostock being charged with the duty of coordinating and directing problems and activities concerning the medical health service insofar as science and research were concerned. Rostock was informed concerning medical research conducted by the several branches of the Wehrmach. As head of the Office for Science and Research, he assigned research problems and designated some as "urgent". It was his duty to avoid duplication of work in scientific research and to decide whether or not a suggested problem was worthy of a research assignment. It is clear that Rostock and Karl Brandt were intimate friends of years' standing.
The Prosecution does not contend that Rostock personally participated in criminal experiments. It vigorously argues, however, that - with full knowledge that concentration camp inmates were being experimented upon - he continued to function upon research assignments concerning scientific investigations, the result of which would probably further experiments upon human beings. The Prosecution then argues that his knowledge concerning these matters, considered together with the position of authority which he occupied in connection with scientific research and the fact that he failed to exercise his authority in an attempt to stop or check criminal experiments, renders him guilty as charged.
In this connection the Prosecution relies upon its Exhibit 457, a document which bears date at Berlin, 14 September 1944. It is headed, "Commissioner for Medical and Health Matters," followed by "The Delegate for Science and Research." Below appears:
"List of medical institutes working on problems of research which were designated as urgent by the discussion on research on 26 August 1944 in Beelitz.
"(Summary according to the 650 orders for research submitted to us.)" The document then contains a list of research assignments numbered "1" to "45."
Numbers 42 and 44 read as follows:
"Strassbourg "42) Hygiene Institute (HAAGEN) virus research . . . ."44) Anatomical Institute (HIRT) Chemical warfare agents."
The document bears Rostock's signature. Five of the problems concern Hepatitis research; and three, Virus research.
It appears from the evidence that Rostock's duties included the avoidance of duplication in the distribution of assignments for medical research. If the head of the Medical Department of a branch of the Wehrmacht assigned to some particular physician or institute a particular scientific or medical problem, a copy of the assignment would be forwarded to Rostock, who would then coordinate the matter by ascertaining whether or not that assignment was being worked on by some other agency or whether it would lead to worthwhile results. Who classified as "urgent" the 45 of the 650 orders for research does not appear; but it may be assumed that Rostock approved that classification.
Doubtless Rostock knew that experiments on concentration camp inmates were being conducted. He presided over the meeting of surgeons held in May 1943, and there heard statements that experimental subjects had been artificially infected. Doubtless he knew that the experiments were dangerous and that further experiments would probably be conducted. However, it does not appear that either Rostock or any subordinate of his directed the work done on any assignment concerning criminal experi ments.
Certain of these experiments were classified as "urgent" at a "discussion on research" as above set forth. Nothing in the designation of any such assignment as appears in Prosecution Exhibit 457 contains on its face anything more than a matter of proper scientific investigation.
The record does not show that the position held by Rostock vested in him any authority whatsoever either than as above stated. No experiments were conducted by any person or organization which was to the least extent under Rostock's control or direction.
CONCLUSION Military Tribunal I finds and adjudges that the defendant Paul Rostock is not guilty as charged under the Indictment, and directs that he be released from custody under the Indictment when this Tribunal presently adjourns.
THE PRESIDENT:
SCHROEDER The defendant Schroeder is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, High Altitude, Freezing, Sulfanilamide, Seawater, Epidemic Jaundice, Typhus and other vaccines, and Gas Experiments.
The Prosecution has abandoned the charge that he participated in the sulfanilamide experiments and hence that subject will not be considered further.
The defendant served as a medical officer with the infantry during the First World War. In the period prior to 1931 he was attached as medical officer to a number of military units. On 1 January 1931 he was transferred to the Army Medical Inspectorate as a Consultant (referent) on hospital matters and thereapeutics with the rank of Oberstabarzt (Major). In 1935 Schroeder became Chief of Staff to Generalarzt Hippke in the newly established Medical Department of the Reich Ministry for Aviation. He retained this position after Hippke was made Inspector of the Medical Service of the Luftwaffe in 1937. In February 1940 Schroeder was appointed Air Fleet Physician for Air Fleet II with the rank of Generalstabsarzt (Major General). On 1 January 1944 he replaced Hippke as Chief of the Medical Service of the Luftwaffe. Simultaneously he was promoted to Generaloberstabarzt (Lieutenant General), which was the highest rank obtainable in the medical services. As Chief of the Medical Service of the Luftwaffe, all medical officers of the German Air Force were subordinated directly or indirectly to Schroeder. After he became Chief of the Medical Service of the Luftwaffe his immediate superior was Handloser, who was Chief of the Medical Service of the Wehrmacht.
HIGH-ALTITUDE EXPERIMENTS:
The experiments were performed at Dachau Concentration Camp for the benefit of the Luftwaffe during the year 1942. Details of the experiments are discussed in other portions of this Judgment.
During the period from 1941 to the end of 1943 the defendant, Schroder, in his position as Air Fleet Physician of Air Fleet II was in the operational Zone of Air Fleet II, which comprised the Mediterranean Area. He did not become Chief of the Medical Service of the Lufwaffe until 1 January 1944. There is no evidence that while Air Fleet Physician he exercised or could have exercised any control over experiments then being conducted for the benefit of the Luftwaffe.
EPIDEMIC JAUNDICE EXPERIMENTS:
Schreiber, a member of Handloser's staff, who presided over a conference held in Breslau in June 1944 for the purpose of coordinating Jaundice research, assigned groups of physicians to work together on jaundice problems. Dohmen, Gutzeit and Haagen were assigned to one of these groups. On 27 June 1944 Haagen, a Luftwaffe officer, wrote his collaborater Kalk, a consultant to Schroeder, asking, "Could you in your official position take the necessary steps to obtain the required experimental subjects?"
The record shows that Haagen subsequently conducted epidemic jaundice experiments on prisoners at Natzweiler Concentration Camp. There is no evidence, however, to establish Schroeder's criminal connection with these experiments. At most all that can be said for this evidence is that Schroeder may have gained knowledge of the experiments through Kalk, a member of his staff -- but even that fact has not been made plain.
FREEZING EXPERIMENTS:
Freezing experiments were carried out at Dachau Concentration Camp for the benefit of the Luftwaffe, during the year 1942. Details of these experiments are discussed elsewhere in this Judgment.
It is conclusively shown from the evidence dealing with freezing that as early as the year 1943 Schroeder had actual knowledge that such experiments had been conducted upon inmates at Dachau Concentration Camp, during the course of which suffering and deaths had resulted to the experimental subjects.
TYPHUS EXPERIMENTS:
Experiments in connection with typhus were conducted at Schirmeck and Natzweiler Concentration Camps during the years 1942, 1943, and 1944. The details of these experiments are discussed elsewhere in this judgment.
The experiments were carried out by a Luftwaffe Medical Officer, Prof. Dr. Haagen. As a medical officer of the Luftwaffe he was subject to Schroeder's orders after the latter became Chief of the Medical Service of the Luftwaffe. The office of Schroeder issued and approved the research assignments pursuant to which these experiments were carried out. It provided the funds for the research. One of the Chief collaborators in the program was the defendant Rose, Consultant to the Chief of the Medical Service of the Luftwaffe.
Correspondence was carried on between Haagen and the Chief of Staff for the defendant Schroeder with reference to whether a typhus epidemic prevailing at Natzweiler was connected in any manner with the vaccine research then being conducted. The office of the Chief of the Medical Service of the Luftwaffe received reports on the experiments from which it could be clearly perceived that vaccine experiments were being performed on concentration camp inmates.
While the experiments were in progress Schroeder admits having visited Haagen at Strasbourg, but denies that he talked with Haagen about the experiments. The defendant's assertion that the experiments were not discussed does not carry conviction.
As has been pointed out in this judgment the law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war.
This rule is applicable to the case of Schroeder. At the time he became Chief of the Medical Service of the Luftwaffe Schroeder knew of the fact that freezing experiments for the benefit of the Luftwaffe had been carried out at Dachau Concentration camp by Luftwaffe Medical officers.
He knew that through these experiments injury and death had resulted to the experimental subjects. He also knew that during the years 1942 and 1943 typhus vaccine research had been carried out by the Luftwaffe officer, Haagen, for the benefit of the Luftwaffe Medical Service, at Natzweiler and Schirmeck Concentration Camps -and had he taken the trouble to inquire, he could have known that deaths had occurred as a result of these experiments.
With all this knowledge, or means of knowledge, before him as commanding officer, he blindly approved a continuation of typhus research by Haagen, supported the program, and was furnished reports of its progress, without so much as taking one step to determine the circumstances under which the research had been or was being carried on, to lay down rules for the conduct of present or future research by his subordinates, or to prescribe the conditions under which the concentration camp inmates could be used as experimental subjects.
As was the case with reference to the freezing experiments at Dachau, non-German nationals were used as experimental subjects, none gave their consent, and many suffered injury and death as a result of the experiments.
GAS EXPERIMENTS:
Experiments with various types of poison gas were performed by Luftwaffe Officer Haagen and a Prof. Dr. Hirt in the Natzweiler Concentration Camp. They began in November 1942 and were conducted through the summer of 1944. During this period a great many concentration camp inmates of Russian, Polish and Czech nationality were experimented on with gas, at least 50 of whom died. A certain Oberarzt Wimmer, a Staff Physician of the Luftwaffe, worked with Hirt on the gas experiments throughout the period.
We discussed the duty which rests upon a commanding officer to take appropriate measures to control his subordinates, in dealing with the case of Handloser. We shall not repeat what we said there.
Had Schroeder adopted the measures which the law of war imposes upon one in position of command to prevent the actions of his subordinates amounting to violations of the law of war, the deaths of the nonGerman nationals involved in the gas experiments might well have been prevented.
SEAWATER EXPERIMENTS:
Seawater experiments were conducted on inmates of Dachau Concentration Camp during the late Spring and Summer of 1944. The defendant Schroeder openly admits that these experiments were conducted by his authority. When on the witness stand he related the circumstances under which these experiments were initiated and carried through to completion.
As related by Schroeder the experiment on making seawater drinkable was a problem of great importance. Two methods were available in Germany, each of which to some extent had been previously tried, both on animal and on human subjects. These were known as the Schaefer and the Berkatit processes. Use of the Schaefer Method on seawater produced a satisfactory liquid essentially the same in its effects and as to potability as ordinary pure drinking water.
The Schaefer Process, however, called for quantities of silver which were thought to be unavailable. Use of the Berka process, however, resulted merely in changing the taste of seawater, thus making it more palatable, without at the same time doing away with danger to health and life which always results from consuming considerable quantities of untreated seawater. Materials were available for the Berka Process, but Schroeder did not feel that it could be adopted until more was know of the method. At Schroeder's direction, the defendant Becker-Freyseng arranged for a conference to be held at the German Air Ministry in May 1944 to discuss the problem. Present at the conference, among others, were Berka and the defendants BeckerFreyseng and Schaefer.
There is no doubt that the conference was well informed, and discussed all current data upon the subject.
Such fact appears from the minutes of the meeting, in which it is stated?
"...Captain (Med.) Dr. Becker-Freyseng reported on the clinical experiments conducted by Colonel (Med.) Dr. von Sirany, and came to the final conclusion that he did not consider them as being unobjectionable and conclusive enough for a final decision. The Chief of the Medical Service is convinced that, if the Berka method is used damage to health has to be expected not later than 6 days after taking Berkatit, which damage will result in permanent injuries to health and -- according to the opinion of N.C.O. (Med.) Dr. Schaefer-will finally result in death after not later than 12 days. External symptoms are to be expected such as dehydration, diarrhea, convulsions, hallucination, and finally death."
It was concluded at this meeting that it would be necessary to perform further seawater experiments upon human beings in order to determine definitely whether or not the Berkatit Method of treating sea water could be safely employed and used in connection with the German war effort. These experiments were planned to be carried on in group series; each of which would require six days, and would be made upon human beings in this order: one group would be supplied only with Berkatit treated sea water; a second group would receive no water of any kind; the fourth group was to be given such water as was generally provided in emergency sea distress kits, then used by German military personnel.
In addition to the first experiment it was agreed that a second experiment should be conducted. The notes of the meeting which deal with the second experimental series read as follows:
"Persons nourished with sea water and Berkatit, and as diet also the emergency sea rations.
"Duration of experiments: 12 days "Since in the opinion of the Chief of the Medical service, permanent injuries to health, that is, the death of the experimental subjects, has to be expected, as experimental subjects such persons should be used as will be put at the disposal by the Reichfuehrer SS."
On 7 June 1944 Schroeder wrote to Himmler through Grawitz asking for concentration camp inmates to be used as subjects in the sea water experiments, which letter reads in part as follows:
"Highly Respected Reich Minister:
"Earlier already you made it possible for the Luftwaffe to settle urgent medical matters through experiments on human beings. Today again, I stand before a decision which, after numerous experiments on animals as well as human experiments on voluntary experimental subjects, demands a final solution: The Luftwaffe has simultaneously developed two methods for making seawater potable. The one method, developed by a Medical Officer, removes the salt from the seawater and transforms it into real drinking water; the second method, suggested by an engineer, leaves the salt content unchanged, and only removes the unpleasant taste from the sea water. The latter method in contrast to the first, required no critical raw material. From the medical point of view this method must be viewed critically, as the administration of concentrated salt solutions can produce severe symptoms of poisoning.
"As the experiments on human beings could thus far only be carried out for a period of four days, and as practical demands require a remedy for those who are in distress at sea up to 12 days, appropriate experiments are necessary.
"Required are 40 healthy test subjects, who must be available for 4 whole weeks. As it is known from previous experiments that necessary laboratories exist in the concentration Camp Dachau, this camp would be very suitable..."
Various other parties took part in correspondence upon this application, one of the writers suggesting that Jews or persons held in quarantine be used as experimental subjects. Another correspondent nominated a social gypsy half-breeds as candidates for the treatment. Herr Himmler decided that gypsies, plus three others for control purposes, should be utilized.
In fairness to the defendant it should be stated that he contests the translation of the second sentence in the first paragraph of the letter written by him to Himmler, which the prosecution interprets as meaning that experiments could no longer be conducted on voluntary subjects, and that the words "demands a final solution" meant that involuntary subjects in concentration camps should be employed. Regardless of whether or not the letter quoted by us is a correct translation of the German original, the evidence shows that within a month after the letter was sent to Himmler through Grawitz seawater experiments were commenced at Dachau by the defendant Beiglboeck.
The method by which the experimental subjects were chosen is not known to the defendant Schroeder. As he explained from the witness stand with reference to his letter and the subsequent procedure: "I sent it away only after I had consulted the possibility of the experiment with Grawitz. And after I had informed him how the whole thing was thought by us so that he could pass on this information to Himmler in case it became necessary. Then this letter was sent off, and after possibly four weeks when Beiglboeck had arrived at Dachau-in the meantime he was given an opportunity to carry out this work. Whatever lay in between that, how in the administrative way this was organized, we never learned... it was an inter-office affair... We only saw the initial point and the end point of this route."
Thus began another experiment conducted under the auspices of the defendant Schroeder, wherein the initiator of the experiment failed to exercise the personal duty of determining that only consenting human subjects would be used, but left that responsibility to others. Again is demonstrated the case of an officer in a position of superior command who authorizes the performance of experiments by his subordinates while failing to take efforts to prescribe the conditions which will insure the conduct of the experiments within legally permissible limits.
The evidence shows conclusively that gypsies of various nationalities were used as experimental subjects. Former inmates of Auschwitz Concentration Camp were tricked into coming to Dachau with the promise that they were to be used as members of a labor battalion. When they arrived at Dachau they were assigned to the seawater experimental station without their consent. During the course of the experiment many of them suffered intense physical and mental anguish.
The Tribunal finds that the defendant Schroder was responsible for, aided and abetted, and took a consenting part in, medical experiments performed on non-German nationals against their consent; in the course of which experiments deaths, brutalities, cruelties, tortures, and other inhumane acts were committed on the experimental subjects. To the extent that these experiments did not constitute War Crimes they constitute Crimes against Humanity.
CONCLUSION Military Tribunal I finds and adjudges the defendant Oskar Schroeder guilty under Counts two and three of the Indictment.
THE PRESIDENT: The Tribunal will now be in recess until 1:30 o'clock.
(A recess was taken until 1330 o'clock.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours.)
THE MARSHAL: Persone in the court room will please find their seats.
The Tribunal is again in session.
THE PRESIDENT: In reading the judgment of the morning session, dur to an error in preparing the master copy, a paragraph was omitted from page 36, being the last page of the discussion of the defendant, Handloser - I should have said it was omitted from page 71, instead of page 36. We will now read the paragraph there, following the words: "To the extent that the crimes committed by or under his authority were not war crimes, they were crimes against humanity." I shall now read the paragraph:
"The evidence conslusively shows that the German word 'fleck fieber', as translated in the indictment as 'spotted fever', is more correctly translated by 'typhus'. This is admitted, and in this judgment, in accord with the evidence, we use the word 'typhus' instead of 'spotted fever'.
We shall now proceed with the reading of the judgment in connection with the defendant, Genzken?
GENZKEN The defendant Genzken is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, Sulfanilamide, Spotted Fever, Poison, and Incendiary Bomb experiments.
The Prosecution has abandoned the two latter charges and, hence, they will not be considered further. The defendant is also charged under Count Four of the Indictment with membership, after 1 September 1939, in an organization declared criminal by the Judgment of the International Military Tribunal -