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Phillips Nuremberg Trials Collection: Trial 1 - Medical Case

Materials donated to the law school by General Eugene Phillips.

Summary of Charges

Twenty of the 23 defendants were medical doctors (Brack, Rudolf Brandt, and Sievers being Nazi officials) and all were accused of having been involved in Nazi human experimentation. Josef Mengele, one of the leading Nazi doctors, had evaded capture.

Counts: 1) Conspiracy; 2) War Crimes; 3) Crimes Against Humanity; and 4) Membership in the SS

Count 1 - Common Design or Conspiracy: the first count of the indictment charges that the defendants, acting pursuant to a common design, unlawfully, willfully and knowingly did conspire and agree together to commit war crimes and crimes against humanity as defined in Control Council Law No. 10. [Upon motion of the defendants the tribunal ruled "this Tribunal has no jurisdiction to try any defendant upon a charge of conspiracy considered as a separate substantive offense." Transcript, p. 11364. "[I]nsofar as Count I charges the commission of the alleged crime of conspiracy as a separate substantive offense, distinct from any war crime or crime against humanity, the Tribunal will disregard that charge." Transcript, p. 11365.

Counts 2 & 3 - War Crimes and Crimes Against Humanity: The second and third counts of the indictment charge the commission of war crimes and crimes against humanity. The counts are identical in content, except for the fact that in count two the acts which are made the basis for the charges are alleged to have been committed on "civilians and members of the armed forces then at war with the German Reich in the exercise of belligerent control", whereas in count three the criminal acts are alleged to have been committed against "German civilians and nationals of other countries." With this distinction observed, both counts will be treated as one and discussed together. Transcript, p. 11365. [The court includes a lengthy description of the various medical experiments. Transcript, pp. 11365-11372.]

Count 4 - Membership in Criminal Organization: The fourth count of the indictment alleges that [various defendants] are guilty of membership in an organization declared to be criminal by the International Military Tribunal, in that each of these named defendants was a member of Die Schutzstaffein Der National Socialistischen Deutschen Arbeiterpartei (commonly known as the SS).

Original Indictment

AVAILABLE DOCUMENTS


Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10

The 15-volume series, also known as “The Green Series,” focuses on the 12 trials of almost 200 defendants. This publication by the United States Government Printing Office is the official abridged record of the individual indictments and judgments, as well as the administrative materials that were common to all the trials.

Trial Records

Style of the case: United States of America v. Karl Brandt, et al.

Indictment filed: 25 October, 1946

Trial dates: 9 December 1946 - 14 July 1947

NMT 1 Judges: Walter Beals (Washington) (presiding judge); Johnson Crawford (Oklahoma); Harold Sebring (Florida); Victor Swearingen (Michigan) (alternate judge) 

Chief Prosecutor: James M. McHaney

Judgment: 19 August 1947

Sentencing: 20 August 1947

 

Defendants Position Sentence
 Hermann Becker-Freyseng
  • Stabsarzt in the Luftwaffe (Captain, Medical Service of the Air Force)
  • Chief of the Department for Aviation Medicine of the Chief of the Medical Service of the Luftwaffe
 20 years' imprisonment, commuted to 10 years
 Wilhelm Beiglböck
  • Consulting Physician to the Luftwaffe
 15 years' imprisonment, commuted to 10 years
 Kurt Blome
  • Deputy [of the] Reich Health Leader (Reichsgesundheitsführer)
  • Plenipotentiary for Cancer Research in the Reich Research Council
 acquitted
 Viktor Brack
  • Oberführer in the SS and Sturmbannführer in the Waffen SS
  • Chief Administrative Officer in the Chancellery of the Führer of the NSDAP
 death
 Karl Brandt
  • Personal physician to Adolf Hitler
  • Gruppenführer in the SS and Generalleutnant in the Waffen SS
  • Reich Commissioner for Health and Sanitation
  • Member of the Reich Research Council
 death
 Rudolf Brandt
  • Standartenführer in the Allgemeine SS
  • Personal Administrative Officer to Reichsführer SS Himmler 
  • Ministerial Counsellor and Chief of the Ministerial Office in the Reich Ministry of the Interior
 death
 Fritz Fischer
  • Sturmbannführer in the Waffen SS
  • Assistant Physician to the defendant Gebhardt at the Hohenlychen Sanatorium
 lifetime imprisonment, commuted to 15 years, released 1954
 Karl Gebhardt
  • Gruppenführer in the SS and Generalleutnant in the Waffen SS
  • Personal physician to Reichsfuehrer SS Himmler;
  • Chief Surgeon of the Staff of the Reich Physician SS and Police 
  • President of the German Red Cross
 death
 Karl Genzken
  • Gruppenführer in the SS and Generalleutnant in the Waffen SS
  • Chief of the Medical Department of the Waffen SS
 lifetime imprisonment, commuted to 20 years, released 1954
 Siegfried Handloser
  • Generaloberstabsarzt (Colonel General, Medical Service);
  • Medical Inspector of the Army 
  • Chief of the Medical Services of the Armed Forces 
 lifetime imprisonment, commuted to 20 years-released/died 1954
 Waldemar Hoven
  • Hauptsturmführer in the Waffen SS
  • Chief Doctor of the Buchenwald concentration camp
 death
 Joachim Mrugowsky
  • Oberführer in the Waffen SS;
  • Chief Hygienist of the Reich Physician SS and Police
  • Chief of the Hygienic Institute of the Waffen SS 
 death
 Herta Oberheuser
  • Physician at the Ravensbrück concentration camp
  • Assistant Physician to the defendant Gebhardt at the Hospital at Hohenlychen
 20 years' imprisonment, commuted to 10 years, released 1952
 Adolf Pokorny
  • Physician, Specialist in Skin and Venereal Diseases
 acquitted
 Helmut Poppendick
  • Oberführer (Senior Colonel) in the SS
  • Chief of the Personal Staff of the Reich Physician SS and Police 
 10 years imprisonment, released 1951
 Hans Wolfgang Romberg
  • Doctor on the Staff of the Department for Aviation Medicine at the German Experimental Institute for Aviation
 acquitted
 Gerhard Rose
  • Generalarzt of the Luftwaffe (Brigadier General, Medical Service of the Air Force);
  • Vice President, Chief of the Department for Tropical Medicine
  • Professor of the Robert Koch Institute; and Hygienic Adviser for Tropical Medicine to the Chief of the Medical Service of the Luftwaffe
 lifetime imprisonment, commuted to 20 years, released 1955
 Paul Rostock
  • Chief Surgeon of the Surgical Clinic in Berlin
  • Surgical Adviser to the Army
  • Chief of the Office for Medical Science and Research  under the defendant Karl Brandt
 acquitted
 Siegfried Ruff
  • Director of the Department for Aviation Medicine at the German Experimental Institute for Aviation 
 acquitted
 Konrad Schäfer
  • Doctor on the Staff of the Institute for Aviation Medicine in Berlin
 acquitted
 Oskar Schröder
  • Generaloberstabsarzt 
  • Chief of Staff of the Inspectorate of the Medical Service of the Luftwaffe
  • Chief of the Medical Service of the Luftwaffe 
 lifetime imprisonment, commuted to 15 years
 Wolfram Sievers
  • Standartenführer in the SS
  • Reich Manager of the "Ahnenerbe" Society and Director of its Institute for Military Scientific Research 
  • Deputy Chairman of the Managing Board of Directors of the Reich Research Council
 death
 Georg August Weltz
  • Oberfeldarzt in the Luftwaffe
  • Chief of the Institute for Aviation Medicine in Munich
 acquitted

 

 

 

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