1947-08-19, #7: Doctors' Trial Verdict — Dr. Paul Rostock

Judgment: Paul Rostock — NOT GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT PAUL ROSTOCK

THE PRESIDENT: Judge Crawford will continue with the reading of the indictment.

JUDGE CRAWFORD: 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 Wehrmacht. 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:

Strasbourg
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 experiments.

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.