1947-08-19, #1: Doctors' Trial Verdict —Jurisdiction

Judgment: The court's jurisdiction

Official Transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 19 August, 1947, 0930 — Justice Beals presiding.

THE MARSHAL: Persons in the court room will please find their seats.

The Honorable, the Judges of Military Tribunal I.

Military Tribunal I is now in session. God save the United States of America and this Honorable Tribunal.

There will be order in the court room.

THE PRESIDENT: Mr. Marshal, you have ascertained all defendants are present in Court?

THE MARSHAL: May it please your Honor, all defendants are present in the court room.

THE PRESIDENT: The Secretary-General will note for the record the presence of all the defendants in Court.

The evidence in the case of the United States of America versus Karl Brandt, and others, defendants, having been closed, counsel for the prosecution and the defendants having filed their briefs and submitted them to the Tribunal, the Tribunal after consideration of the evidence and the briefs filed, is now ready to pronounce its judgment in the case of the United States of America versus Karl Brandt, and others, presently pending before this Tribunal.

In the reading of the judgment the formal title of the case will not be read.

The reading will commence with the judgment itself:

JUDGMENT

Military Tribunal I was established on 25 October 1946 under General Order No. 68 issued by command of the United States Military Government for Germany.

It was the first of several Military Tribunals constituted in the United States Zone of Occupation pursuant to Military Government Ordinance No. 7, for the trial of offenses recognized as crimes by Law No. 10 of the Control Council for Germany.

By the terms of the order which established the Tribunal and designated the undersigned as members thereof, Military Tribunal I was ordered to convene at Nuernberg, Germany, to hear such cases as might be filed by the Chief of Counsel for War Crimes or his duly designated representative.

On 25 October 1946, the Chief of Counsel for War Crimes lodged an indictment against the defendants named in the caption above in the Office of the Secretary General of Military Tribunals at the Palace of Justice, Nuernberg, Germany.

A copy of the indictment in the German language was served on each defendant on 5 November 1946, Military Tribunal I arraigned the defendants on 21 November 1946, each defendant entering a plea of "not guilty" to all the charges preferred against him.

The presentation of evidence to sustain the charges contained in the indictment was begun by the Prosecution on 9 December 1946. At the conclusion of the prosecution's case in chief the defendants began the presentation of their evidence.

All evidence in the case was concluded on 3 July 1947. During the week beginning 14 July 1947 the Tribunal heard arguments by counsel for the Prosecution and Defense. The personal statements of the defendants were heard on 19 July 1947 on which date the case was finally concluded.

The trial was conducted in two languages — English and German. It consumed 139 trial days, including 6 days allocated for final arguments and the personal statements of the defendants. During the 133 trial days used for the presentation of evidence 32 witnesses gave oral evidence for the Prosecution and 33 witnesses, including the 23 defendants, gave oral evidence for the Defense. In addition, the Prosecution put in evidence as exhibits a total of 570 affidavits, reports and documents; the Defense put in a total number of 901 — making a grand total of 1471 documents received in evidence.

Copies of all exhibits tendered by the Prosecution in their case in chief were furnished in the German language to the defendants prior to the time of the reception of the exhibits in evidence.

Each defendant was represented at the arraignment and trial by counsel of his own selection.

Whenever possible, all applications by defense counsel for the procuring of the personal attendance of persons who made affidavits in behalf of the Prosecution were granted and the persons brought to Nuernberg for interrogation or cross-examination by defense counsel. Throughout the trial great latitude in presenting evidence was allowed Defense counsel, even to the point at times of receiving in evidence certain matters of but scant probative value.

All of these steps were taken by the Tribunal in order to allow each defendant to present his defense completely, in accordance with the spirit and intent of Military Government Ordinance No. 7 which provides that a defendant shall have the right to be represented by counsel, to cross-examine prosecution witnesses, and to offer in the case all evidence deemed to have probative value.

The evidence has now been submitted, final arguments of counsel have been concluded, and the Tribunal has heard personal statements from each of the defendants. All that remains to be accomplished in the case is the rendition of judgment and the imposition of sentence.

THE JURISDICTION OF THE TRIBUNAL

The jurisdiction and powers of this Tribunal are fixed and determined by Law No. 10 of the Control Council for Germany.

The pertinent portions of the Law with which we are concerned provide as follows:

Article II

1. Each of the following acts is recognized as a crime:

(b) War Crimes: Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill-treatment or deportation to slave labour or for any other purpose, of civilian population from occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

(c) Crimes Against Humanity: Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecution on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated.

(d) Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal.

2. Any person without regard to nationality or capacity in which he acted, is deemed to have committed a crime as defined in … this article, if he was (a) a principal or (b) was an accessory to the commission of any such crime or ordered or abetted the same or (c) took a consenting part therein or (d) was connected with plans or enterprises involving its commission or (e) was a member of any organization or group connected with the commission of any such crime.

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4. (a) The official position of any person, whether as Head of State or as a responsible official in a Government Department, does not free him from responsibility for a crime or entitle him to mitigation of punishment.

(b) The fact that any person acted pursuant to the order of his Government or of a superior does not free him from responsibility for a crime, but may be considered in mitigation.

The indictment in the case at bar is filed pursuant to these provisions.

Judge Crawford will continue reading.