The Doctors Trial
The Medical Case of the Subsequent Nuremberg Proceedings
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INDICTMENT
The United States
of America, by the undersigned Telford Taylor, Chief of Counsel for War Crimes,
duly appointed to represent said Government in the prosecution of war
criminals, charges that the defendants herein participated in a common design
or conspiracy to commit and did commit war crimes and crimes against humanity,
as defined in Control Council Law No. 10, duly enacted by the Allied Control
Council on 20 December 1945. These crimes included murders, brutalities,
cruelties, tortures, atrocities, and other inhumane acts, as set forth in
counts one, two, and three of this indictment. Certain defendants are further
charged with membership in a criminal organization, as set forth in count four
of this indictment.
The persons accused as guilty of these crimes and accordingly named as
defendants in this case are--
KARL BRANDT--Personal physician to AdoIf Hitler; Gruppenfuehrer in the SS and
Generalleutnant (Major General) in the Waffen SS; Reich Commissioner for Health
and Sanitation (Reichskommissar fuer Sanitaets- und Gesundheitswesen); and
member of the Reich Research Council (Reichsforschungsrat).
SIEGFRIED
HANDLOSER--Generaloberstabsarzt (Lieutenant General, Medical Service); Medical
Inspector of the Army (Heeres-sanitaetsinspekteur); and Chief of the Medical
Services of the Armed Forces (Chef des Wehrmachtsanitaetswesens).
PAUL
ROSTOCK--Chief Surgeon of the Surgical Clinic in Berlin; Surgical Adviser to
the Army; and Chief of the Office for Medical Science and Research (Amtschef
der Dienststelle Medizinische Wissenschaft und Forschung) under the defendant
Karl Brandt, Reich Commissioner for Health and Sanitation.
OSKAR
SCHROEDER--Generaloberstabsarzt (Lieutenant General Medical Service); Chief of
Staff of the Inspectorate of the Medical Service of the Luftwaffe (Chef des
Stabes, Inspekteur des Luftwaffe-Sanitaetswesens); and Chief of the Medical
Service of the Luftwaffe (Chef des Sanitaetswesens der Luftwaffe).
KARL
GENZKEN--Gruppenfuehrer in the SS and Generalleutnant (Major General) in the
Waffen SS; and Chief of the Medical Department of the Waffen SS (Chef des
Sanitaetsamts der Waffen SS).
KARL
GEBHARDT--Gruppenfuehrer in the SS and Generalleutnant (Major General) in the
Waffen SS; personal physician to Reichsfuehrer SS Himmler; Chief Surgeon of the
Staff of the Reich Physician SS and Police (Oberster Kliniker, Reichsarzt SS
und Polizei); and President of the German Red Cross.
[page 9] KURT
BLOME--Deputy [of the] Reich Health Leader (Reichsgesundheitsfuehrer); and
Plenipotentiary for Cancer Research in the Reich Research Council.
RUDOLF
BRANDT--Standartenfuehrer (Colonel); in the Allgemeine SS; Personal
Administrative Officer to Reichsfuehrer SS Himmler (Persoenlicher Referent von
Himmler); and Ministerial Counsellor and Chief of the Ministerial Office in the
Reich Ministry of the Interior.
JOACHIM
MRUGOWSKY--Oberfuehrer (Senior Colonel) in the Waffen SS; Chief Hygienist of
the Reich Physician SS and Police (0berster Hygieniker, Reichsarzt SS und
Polizei); and Chief of the Hygenic Institute of the Waffen SS (Chef des
Hygienischen Institutes der Waffen SS).
HELMUT
POPPENDICK--Oberfuehrer (Senior Colonel) in the SS; and Chief of the Personal
Staff of the Reich Physician SS and Police (Chef des Persoenlichen Stabes des
Reichsarztes SS und Polizei).
WOLFRAM
SIEVERS--Standartenfuehrer (Colonel) in the SS; Reich Manager of the
"Ahnenerbe" Society and Director of its Institute for Military
Scientific Research (Institut fuer Wehrwissenschaftliche Zweckforschung); and
Deputy Chairman of the Managing Board of Directors of the Reich Research
Council.
GERHARD
ROSE--Generalarzt of the Luftwaffe (Brigadier General, Medical Service of the
Air Force); Vice President, Chief of the Department for Tropical Medicine, and
Professor of the Robert Koch Institute; and Hygienic Adviser for Tropical
Medicine to the Chief of the Medical Service of the Luftwaffe.
SIEGFRIED
RUFF--Director of the Department for Aviation Medicine at the German
Experimental Institute for Aviation (Deutsche Versuchsanstalt fuer Luftfahrt).
HANS WOLFGANG
ROMBERG--Doctor on the Staff of the Department for Aviation Medicine at the
German Experimental Institute for Aviation.
VIKTOR
BRACK--Oberfuehrer (Senior Colonel) in the SS and Sturmbannfuehrer (Major) in
the Waffen SS; and Chief Administrative Officer in the Chancellery of the
Fuehrer of the NSDAP (Oberdienstleiter, Kanzlei des Fuehrers der NSDAP).
HERMANN
BECKER-FREYSENG--Stabsarzt in the Luftwaffe (Captain, Medical Service of the
Air Force); and Chief of the Department for Aviation Medicine of the Chief of
the Medical Service of the Luftwaffe.
GEORG AUGUST
WELTZ--Oberfeldarzt in the Luftwaffe (Lieutenant Colonel, Medical Service of
the Air Force); and Chief of the Institute for Aviation Medicine in Munich
(Institut fuer Luftfahrtmedizin).
KONRAD
SCHAEFER--Doctor on the Staff of the Institute for Aviation Medicine in Berlin.
WALDEMAR
HOVEN--Hauptsturmfuehrer (Captain) in the Waffen SS; and Chief Doctor of the
Buchenwald Concentration Camp.
WILHELM
BEIGLBOECK--Consulting Physician to the Luftwaffe.
ADOLF POKORNY--Physician,
Specialist in Skin and Venereal Diseases.
HERTA
OBERHEUSER--Physician at the Ravensbrueck Concentration Camp; and Assistant
Physician to the defendant Gebhardt at the Hospital at Hohenlychen.
FRITZ
FISCHER--Sturmbannfuehrer (Major) in the Waffen SS; and Assistant Physician to
the defendant Gebhardt at the Hospital at Hohenlychen.
COUNT ONE--THE
COMMON DESIGN OR CONSPIRACY
1. Between September 1939 and April 1945 all of the defendants herein, acting
pursuant to a common design, unlawfully, willfully, and knowingly did conspire
and agree together and with each other and with divers other persons, to commit
war crimes and crimes against humanity, as defined in Control Council Law No.
10, Article II.
2. Throughout the period covered by this indictment all of the defendants
herein, acting in concert with each other and with others, unlawfully,
willfully, and knowingly were principals in, accessories to, ordered, abetted,
took a consenting part in, and were connected with plans and enterprises involving
the commission of war crimes and crimes against humanity.
3. All of the
defendants herein, acting in concert with others for whose acts the defendants
are responsible, unlawfully, willfully, and knowingly participated as leaders, organizers,
investigators, and accomplices in the formulation and execution of the said
common design, conspiracy, plans, and enterprises to commit, and which involved
the commission of, war crimes and crimes against humanity.
4. It was a part
of the said common design, conspiracy, plans, and enterprises to perform
medical experiments upon concentration camp inmates and other living human
subjects, without their consent, in the course of which experiments the
defendants committed the murders, brutalities, cruelties, tortures, atrocities,
and other inhuman acts, more fully described in counts two and three of this
indictment.
5. The said common
design, conspiracy, plans, and enterprises embraced the commission of war
crimes and crimes against humanity, as set forth in counts two and three of
this indictment, in that the defendants unlawfully, willfully, and knowingly
encouraged, aided, abetted, and participated in the subjection of thousands of
persons, [page 11] including civilians, and members of the armed forces of
nations then at war with the German Reich, to murders, brutalities, cruelties,
tortures, atrocities, and other inhuman acts.
COUNT TWO--WAR CRIMES
6. Between September 1939 and April 1945 all of the defendants herein
unlawfully, willfully, and knowingly committed war crimes, as defined by
Article II of Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part in, and were connected
with plans and enterprises involving medical experiments without the subjects’
consent, upon civilians and members of the armed forces of nations then at war
with the German Reich and who were in the custody of the German Reich in
exercise of belligerent control, in the course of which experiments the defendants
committed murders, brutalities, cruelties, tortures, atrocities, and other
inhuman acts. Such experiments included, but were not limited to, the
following:
(A) High-Altitude
Experiments. From about March 1942 to about August 1942 experiments were conducted
at the Dachau concentration camp, for the benefit of the German Air Force, to
investigate the limits of human endurance and existence at extremely high
altitudes. The experiments were carried out in a low-pressure chamber in which
atmospheric conditions and pressures prevailing at high altitude (up to 68,000
feet) could be duplicated. The experimental subjects were placed in the
low-pressure chamber and thereafter the simulated altitude therein was raised.
Many victims died as a result of these experiments and others suffered grave
injury, torture, and ill-treatment. The defendants Karl Brandt, Handloser,
Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Ruff,
Romberg, Becker-Freyseng, and Weltz are charged with special responsibility for
and participation in these crimes.
(B) Freezing Experiments. From about August 1942 to about May 1943
experiments were conducted at the Dachau concentration camp, primarily for the
benefit of the German Air Force, to investigate the most effective means of
treating persons who had been severely chilled or frozen. In one series of
experiments the subjects were forced to remain in a tank of ice water for
periods up to 3 hours. Extreme rigor developed in a short time. Numerous victims
died in the course of these experiments. After the survivors were severely
chilled, rewarming was attempted by various means. In another series of
experiments, the subjects were kept naked outdoors for many hours at
temperatures below freezing. The victims screamed with pain as their bodies
froze. The defendants Karl Brand, Handloser, Schroeder, Gebhardt, Rudolf
Brandt, Mrugowsky, [page 12] Poppendick, Sievers, Becker-Freyseng, and Weltz
are charged with special responsibility for and participation in these crimes.
(C) Malaria
Experiments. From about February 1942 to about April 1945 experiments were conducted
at the Dachau concentration camp in order to investigate immunization for and
treatment of malaria. Healthy concentration-camp inmates were infected by
mosquitoes or by injections of extracts of the mucous glands of mosquitoes.
After having contracted malaria the subjects were treated with various drugs to
test their relative efficacy. Over 1,000 involuntary subjects were used in
these experiments. Many of the victims died and others suffered severe pain and
permanent disability. The defendants Karl Brandt, Handloser, Rostock, Gebhardt,
Blome, Rudolf Brandt, Mrugowsky, Poppendick, and Sievers are charged with
special responsibility for and participation in these crimes.
(D) Lost (Mustard)
Gas Experiments. At various times between September 1939 and April 1945 experiments were
Conducted at Sachsenhausen, Natzweiler, and other concentration camps for the
benefit of the German Armed Forces to investigate the most effective treatment
of wounds caused by Lost gas. Lost is a poison gas which is commonly known as
mustard gas. Wounds deliberately inflicted on the subjects were infected with
Lost. Some of the subjects died as a result of these experiments and others
suffered intense pain and injury. The defendants Karl Brandt, Handloser, Blome,
Rostock, Gebhardt, Rudolf Brandt, and Sievers are charged with special
responsibility for and participation in these crimes.
(E) Sulfanilamide
Experiments. From about July 1942 to about September 1943 experiments to investigate
the effectiveness of sulfanilamide were conducted at the Ravensbrueck
concentration camp for the benefit of the German Armed Forces. Wounds
deliberately inflicted on the experimental subjects were infected with bacteria
such as streptococcus, gas gangrene, and tetanus. Circulation of blood was
interrupted by tying off blood vessels at both ends of the wound to create a
condition similar to that of a battlefield wound. Infection was aggravated by forcing
wood shavings and ground glass into the wounds. The infection was treated with
sulfanilamide and other drugs to determine their effectiveness. Some subjects
died as a result of these experiments and others suffered serious injury and
intense agony. The defendants Karl Brandt, Handloser, Rostock, Schroeder,
Genzken, Gebhardt, Blome, Rudolf Brandt, Mrugowsky, Poppendick,
Becker-Freyseng, Oberheuser, and Fischer are charged with special
responsibility for and participation in these crimes.
(F) Bone, Muscle,
and Nerve Regeneration and Bone Transplantation Experiments. From about
September 1942 to about December 1943 experiments were conducted at the
Ravensbrueck concentration camp, for the benefit of the German Armed Forces, to
study bone, [page 13] muscle, and nerve regeneration, and bone transplantation
from one person to another. Sections of bones, muscles, and nerves were removed
from the subjects. As a result of these operations, many victims suffered
intense agony, mutilation, and permanent disability. The defendants Karl
Brandt, Handloser, Rostock, Gebhardt, Rudolf Brandt, Oberheuser, and Fischer
are charged with special responsibility for and participation in these crimes.
(G) Sea-water
Experiments. From about July 1944 to about September 1944 experiments were
conducted at the Dachau concentration camp, for the benefit of the German Air
Force and Navy, to study various methods of making sea water drinkable. The
subjects were deprived of all food and given only chemically processed sea
water. Such experiments caused great pain and suffering and resulted in serious
bodily injury to the victims. The defendants Karl Brandt, Handloser, Rostock,
Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers,
Becker-Freyseng, Schaefer, and Beiglboeck are charged with special
responsibility for and participation in these crimes.
(H) Epidemic
Jaundice Experiments. From about June 1943 to about January 1945 experiments
were conducted at the Sachsenhausen and Natzweiler concentration camps, for the
benefit of the German Armed Forces, to investigate the causes of, and
inoculations against, epidemic jaundice. Experimental subjects were
deliberately infected with epidemic jaundice, some of whom died as a result,
and others were caused great pain and suffering. The defendants Karl Brandt,
Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick,
Sievers, Rose, and Becker-Freyseng are charged with special responsibility for
and participation in these crimes.
(I) Sterilization
Experiments. From about March 1941 to about January 1945 sterilization experiments
were conducted at the Auschwitz and Ravensbrueck concentration camps, and other
places. The purpose of these experiments was to develop a method of
sterilization which would be suitable for sterilizing millions of people with a
minimum of time and effort. These experiments were conducted by means of X-ray,
surgery, and various drugs. Thousands of victims were sterilized and thereby
suffered great mental and physical anguish. The defendants Karl Brandt,
Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Brack, Pokorny, and Oberheuser
are charged with special responsibility for and participation in these crimes.
(J) Spotted Fever
(Fleckfieber) Experiments. [It was definitely ascertained in the course of the
proceedings, by both prosecution and defense, that the correct translation of
"Fleckfieber" is typhus. A finding to this effect is contained in the
judgment. A similar initial inadequate translation occurred in the case of
"typhus" and "paratyphus" which should be rendered as
typhoid and paratyphoid.] From about December 1941 to about February 1945
experiments were conducted at the Buchenwald and Natzweiler concentration
camps, for the benefit [page 14] of the German Armed Forces, to investigate the
effectiveness of spotted fever and other vaccines. At Buchenwald numerous
healthy inmates were deliberately infected with spotted fever virus in order to
keep the virus alive; over 90 percent of the victims died as a result. Other
healthy inmates were used to determine the effectiveness of different spotted
fever vaccines and of various chemical substances. In the course of these
experiments 75 percent of the selected number of inmates were vaccinated with
one of the vaccines or nourished with one of the chemical substances and, after
a period of 3 to 4 weeks, were infected with spotted fever germs. The remaining
25 percent were infected without any previous protection in order to compare
the effectiveness of the vaccines and the chemical substances. As a result,
hundreds of the persons experimented upon died. Experiments with yellow fever,
smallpox, typhus, paratyphus [It was definitely ascertained in the course of
the proceedings, by both prosecution ad defense, that the correct translation
of "Fleckfieber" is typhus. A finding to this effect is contained in
the judgment. A similar initial inadequate translation occurred in the case of
"typhus" and "paratyphus" which should be rendered as
typhoid and paratyphoid] A and B, cholera, and diphtheria were also conducted.
Similar experiments with like results were conducted at Natzweiler
concentration camp. The defendants Karl Brandt, Handloser, Rostock, Schroeder,
Genzken, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Rose,
Becker-Freyseng, and Hoven are charged with special responsibility for and
participation in these crimes.
(K) Experiments
with Poison. In or about December 1943, and in or about October 1944, experiments
were conducted at the Buchenwald concentration camp to investigate the effect
of various poisons upon human beings. The poisons were secretly administered to
experimental subjects in their food. The victims died as a result of the poison
or were killed immediately in order to permit autopsies. In or about September
1944 experimental subjects were shot with poison bullets and suffered torture
and death. The defendants Genzken, Gebhardt, Mrugowsky, and Poppendick are
charged with special responsibility for and participation in these crimes.
(L) Incendiary
Bomb Experiments. From about November 1943 to about January 1944
experiments were conducted at the Buchenwald concentration camp to test the
effect of various pharmaceutical preparations on phosphorous burns. These burns
were inflicted on experimental subjects with phosphorous matter taken from
incendiary bombs, and caused severe pain, suffering, and serious bodily injury.
The defendants Genzken, Gebhardt, Mrugowsky, and Poppendick are charged with
special responsibility for and participation in these crimes.
7. Between June
1943 and September 1944 the defendants Rudolf Brandt and Sievers unlawfully,
willfully, and knowingly committed war crimes, as defined by article II of
Control Council Law No. 10, in that they were principals in, accessories to,
ordered, abetted, took a consenting part in, and were connected with plans and
enterprises involving the murder of civilians and members of the armed forces
of [page 15] nations then at war with the German Reich and who were in the
custody of the German Reich in exercise of belligerent control. One hundred
twelve Jews were selected for the purpose of completing a skeleton collection
for the Reich University of Strasbourg. Their photographs and anthropological
measurements were taken. Then they were killed. Thereafter, comparison tests,
anatomical research, studies regarding race, pathological features of the body,
form and size of the brain, and other tests, were made. The bodies were sent to
Strasbourg and defleshed.
8. Between May
1942 and January 1944 (Indictment originally read "January 1943" but
was amended by a motion filed with the Secretary General. See Arraignment, page
18) the defendants Blome and Rudolf Brandt unlawfully, willfully, and knowingly
committed war crimes, as defined by Article II of Control Council Law No. 10, in
that they were principals in, accessories to, ordered, abetted, took a
consenting part in, and were connected with plans and enterprises involving the
murder and mistreatment of tens of thousands of Polish nationals who were
civilians and members of the armed forces of a nation then at war with the
German Reich and who were in the custody of the German Reich in exercise of
belligerent control. These people were alleged to be infected with incurable
tuberculosis. On the ground of insuring the health and welfare of Germans in
Poland, many tubercular Poles were ruthlessly exterminated while others were
isolated in death camps with inadequate medical facilities.
9. Between
September 1939 and April 1945 the defendants Karl Brandt, Blome, Brack, and
Hoven unlawfully, willfully, and knowingly committed war crimes, as defined by
Article II of Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part in, and were connected
with plans and enterprises involving the execution of the so-called
"euthanasia" program of the German Reich in the course of which the
defendants herein murdered hundreds of thousands of human beings, including
nationals of German-occupied countries. This program involved the systematic
and secret execution of the aged, insane, incurably ill, of deformed children,
and other persons, by gas, lethal injections, and diverse other means in
nursing homes, hospitals, and asylums. Such persons were regarded as
"useless eaters" and a burden to the German war machine. The
relatives of these victims were informed that they died from natural causes,
such as heart failure. German doctors involved in the "euthanasia"
program were also sent to Eastern occupied countries to assist in the mass
extermination of Jews.
10. The said war
crimes constitute violations of international conventions, particularly of
Articles 4, 5, 6, 7, and 46 of the Hague Regulations, 1907, and Articles 2, 3,
and 4 of the Prisoner-of-War Con- [page 16] -vention (Geneva, 1929), the laws and
customs of war, the general principles of criminal law as derived from the
criminal laws of all civilized nations, the internal penal laws of the
countries in which such crimes were committed, and Article II of Control
Council Law No. 10
COUNT THREE--CRIMES AGAINST HUMANITY
11. Between September 1939 and April 1945 all of the defendants herein
unlawfully, willfully, and knowingly committed crimes against humanity, as
defined by Article II of Control Council Law No. 10, in that they were
principals in, accessories to, ordered, abetted, took a consenting part in, and
were connected with plans and enterprises involving medical experiments,
without the subjects’ consent, upon German civilians and nationals of other
countries, in the course of which experiments the defendants committed murders,
brutalities, cruelties, tortures, atrocities, and other inhuman acts. The
particulars concerning such experiments are set forth in paragraph 6 of count
two of this indictment and are incorporated herein by reference.
12. Between June 1943 and September 1944 the defendants Rudolf Brandt and
Sievers unlawfully, willfully, and knowingly committed crimes against humanity,
as defined by Article II of Control Council Law No. 10, in that they were
principals in, accessories to, ordered, abetted, took a consenting part in, and
were connected with plans and enterprises involving the murder of German
civilians and nationals of other countries. The particulars concerning such
murders are set forth in paragraph 7 of count two of this indictment and are
incorporated herein by reference.
13. Between May
1942 and January 1944 [Indictment originally read "January 1943" but
was amended by a motion filed with the Secretary General. See Arraignment, p.
18] the defendants Blome and Rudolf Brandt unlawfully, willfully, and knowingly
committed crimes against humanity, as defined by Article II of Control Council
Law No. 10, in that they were principals in, accessories to, ordered, abetted,
took a consenting part in, and were connected with plans and enterprises
involving the murder and mistreatment of tens of thousands of Polish nationals.
The particulars concerning such murder and inhuman treatment are set forth in
paragraph 8 of count two of this indictment and are incorporated herein by reference.
14. Between
September 1939 and April 1945 the defendants Karl Brandt, Blome, Brack, and
Hoven unlawfully, willfully, and knowingly committed crimes against humanity,
as defined by Article II of Control Council Law No. 10, in that they were
principals in, accessories to, ordered, abetted, took a consenting part in, and
were connected with plans and enterprises involving the execution of the so
called "euthanasia" program of the German Reich, in the course of
[page 17] which the defendants herein murdered hundreds of thousands of human
beings, including German civilians, as well as civilians of other nations. The
particulars concerning such murders are set forth in paragraph 9 of count two
of this indictment and are incorporated herein by reference.
15. The said
crimes against humanity constitute violations of international conventions,
including Article 46 of the Hague Regulations, 1907, the laws and customs of
war, the general principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the countries in which
such crimes were committed, and of Article II of Control Council Law No. 10.
COUNT FOUR--MEMBERSHIP IN CRIMINAL ORGANIZATION
16. The defendants Karl Brandt, Genzken, Gebhardt, Rudolf Brandt, Mrugowsky,
Poppendick, Sievers, Brack, Hoven, and Fischer are guilty of membership in an
organization declared to be criminal by the International Military Tribunal in
Case No. 1, in that each of the said defendants was a member of the
SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly
known as the "SS") after 1 September 1939. Such membership is in
violation of paragraph I (d), Article II of Control Council Law No. 10.
Wherefore, this indictment is filed with the Secretary General of the Military
Tribunals and the charges herein made against the above named defendants are
hereby presented to MILITARY TRIBUNAL NO. I
TELFORD TAYLOR
Brigadier General, USA
Chief of Counsel for War Crimes
Acting on Behalf of the United States of America
Nuernberg, 25
October 1946
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Source: The
transcription of this document comes from the official trial record: Trials of
War Criminals before the Nuremberg Military Tribunals under Control Council Law
No. 10. Nuremberg, October 1946 - April 1949. Washington D.C.: U.S. G.P.O,
1949-1953.