1947-08-19, #8: Doctors' Trial Verdict — Dr. Oskar Schroeder

Judgment: Oskar Schroeder — GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT OSKAR SCHROEDER

THE PRESIDENT: 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 therapeutics with the rank of Oberstabarzt (Major). In 1935 Schroeder became Chief of Staff to Generalarzt [General Physician] 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 Luftwaffe 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 collaborator 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 [Senior Physician] 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 non-German 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 Becker-Freyseng 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 [Himmler].

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.)