1947-08-19, #10: Doctors' Trial Verdict — Dr. Karl Gebhardt

Judgment: Karl Gebhardt — GUILTY ON ALL COUNTS

THE PRESIDENT: Judge Sebring will continue reading the judgment.

THE CASE OF THE DEFENDANT KARL GEBHARDT

JUDGE SEBRING: The defendant Gebhardt is charged under Counts Two and Three of the Indictment with special responsibility for, and participation in, High Altitude, Freezing, Malaria, Lost Gas, Sulfanilamide, Bone, Muscle and Nerve Regeneration and Bone Transplantation, Sea Water, Epidemic Jaundice, Sterilization, Spotted Fever, Poison, and Incentiary Bomb experiments.

The defendant Gebhardt held positions of great power and responsibility in the medical service of the SS in Nazi Germany. He joined the NSDAP in 1933 and the SS at least as early as 1935. He took part in the Nazi Putsch of 1923, which aimed at the overthrow of the so-called. Weimar Republic, the democratic government of Germany, being then a member of the illegal Free Corps, "Bund Oberland." When, in 1933, the hospital at Hohenlychen was founded Gebhardt was appointed Chief Physician of this institution. In 1938 he became the attending physician to Himmler. He was also personal physician to Himmler and his family. In 1940 Gebhardt was appointed Consulting Surgeon of the Waffen-SS and, in 1943, Chief Clinical Officer (Oberster Kliniker) of the Reichsarzt-SS [Reich Physician] and Police Grawitz.

In the AllgemeineSS Gebhardt attained the rank of a Gruppenfuehrer (Major General), and in the Waffen-SS the rank of Major General in the Reserve.

SULFANILAMIDE EXPERIMENTS:

The purpose for which these experiments were undertaken is defined in Counts Two and Three and the Indictment.

In the Ravensbruck Concentration Camp during a period from 20 July 1942 until August 1943 the defendant Gebhardt, aided by defendants Fischer and Oberheuser, performed such experiments upon human subjects without their consent. Gebhardt personally requested Heinrich Himmler's permission to carry out these experiments, and he attempted to assume full responsibility for them and for any consequences resulting therefrom. He himself personally carried out the initial operations.

While it is not deemed strictly necessary in this Judgment to describe in any detail the procedure followed in performing these experiments, a brief statement will now be made thereon. The experimental subjects consisted of 15 male concentration camp inmates used during preliminary experiments in July 1942, but later 60 Polish women, who were experimented on in 5 groups of 12 subjects each.

In the first series of experiments the healthy subjects were infected with various bacteria, but resulting infections were not thereafter considered sufficiently serious to furnish an answer to the problem sought to be solved and further experiments were then undertaken.

Dr. Gebhardt has admitted that in the 2nd series of experiments three of the experimental subjects died as a result of the treatment they received. All of these subjects were persons who had been selected by the concentration camp authorities and who were not consulted as to their consent or willingness to participate. Notwithstanding this, however, the experimental subjects protested against experiments both orally and in writing, stating that they would have preferred death to continued experiments since they were convinced that they would die in any event.

An examination of the evidence presented to this Tribunal in connection with Sulfanilamide experiments performed upon unwilling and non-consenting concentration camp inmates indicates conclusively, that participating human subjects were used under duress and coercion in experiments performed upon their bodies; that persons acting as subjects incurred and suffered physical torture and the risk of death; that in the experiments here discussed at least five deaths of subjects were caused therefrom.

It is claimed by Dr. Gebhardt that all of the non-German experimental subjects were selected from inmates of concentration camps, former members of the Polish resistance movement, who had previously been condemned to death and were in any event marked for legal execution. This is not recognized as a valid defense to the charge of the indictment.

The Polish women who were used in the experiments had not given their consent to become experimental subjects. That fact was known to Gebhardt. The evidence conclusively shows that they had been confined at Ravensbruck without so much as a semblance of trial.

That fact could have been known to Gebhardt had he made the slightest inquiry of them concerning their status. Moreover, assuming for the moment that they had been condemned to death for acts considered hostile to the German forces in the occupied territory of Poland these persons still w re entitled to the protection of the laws of civilized nations. While under certain specific conditions the rules of land warfare may recognize the validity of an execution of spies, war rebels, or other resistance workers, it does not under any circumstances countenance the infliction of death or other punishment by maining or torture.

BONE, MUSCLE AND NERVE REGENERATION AND BONE TRANSPLANTATION EXPERIMENTS:

These experiments were carried out in Ravensbruck Concentration Camp during the same time, and on the same group of Polish women used in the sulfanilamide experiments. Upon these Polish inmates three kinds of cone operations were performed — artificially induced fractures, bone transplantations, bone splints the conditions of the operations being specially created in each particular case. Some girls were required to submit to operations several times. In one instance small pieces of fibulare were taken out; in another instance the periosteum of the leg was removed. Cases occurred where subjects were experimented on by deliberately fracturing their limbs in several places and testing the effect of certain treatments. In at least one case bone incisions were performed on a subject six different times. In another case the shoulder blade of a subject was removed.

Further recital of these activities is as unnecessary as were the operations themselves. The testimony heard and exhibits filed and examined by the Tribunal conclusively sustain the allegations of the Indictment with reference to the experiments mentioned therein.

SEPSIS (PHLEGMONE) EXPERIMENTS:

A witness whose testimony must be accepted as credible testified concerning these experiments in which concentration camp inmates were used without their consent and were thereafter infected with pus. He testified as to at least two series of experiments which resulted fatally for 12 of the subjects.

The Prosecution claims, and it is likely that these biochemical experiments which were performed in the Dachau Concentration Camp were complementary to and formed parts of the Sulfanilamide experiments in Ravensbruck, sponsored by the defendant Gebhardt. The evidence, however, is not sufficient to establish the criminal connection of Gebhardt with these experiments.

SEA WATER EXPERIMENTS:

Dr. Gebhardt's position, which has been mentioned in this Judgment as that of an official and personal associate of Heinrich Himmler part of whose duties concerned concentration camp medical experiments, was partially defined by an order issued by Himmler 15 May 1944 directing that an opinion from Gebhardt would be required before any experiments thereafter could be carried out on such human subjects. This order stated that all medical experiments to be carried out at the concentration camps had to have Himmler's personal approval. It appears, however, that while the applications for permission to carry out experiments involving human subjects was required to be obtained from Himmler yet before such application could be examined a critical opinion of the chief clinical officer of the SS, Dr. Gebhardt, concerning its technical aspects was required to accompany it. Complying with this order Gebhardt, in reference to Sea Water experiments, wrote:

I deem it absolutely right to support the Luftwaffe in every way and to place a general physician of the Waffen-SS at his disposal to supervise the experiments.

This alone is deemed to be sufficient to show that Dr. Gebhardt knew about, and approved, the performance of the Sea Water experiments as charged in the Indictment.

STERILIZATION EXPERIMENTS:

Details of the sterilization experiments will be dealt with elsewhere in this Judgment; and it is unnecessary to repeat them here, except to the extent necessary to inquire the part, if any, taken by Gebhardt therein.

On 7 and 6 July 1942 a conference took place between Himmler, Gebhardt SS-Brigadefuehrer [Brigadier General] Gluecks, and SS-Brigadefuehrer Clauberg, to discuss the sterilization of Jewesses. Dr. Clauberg was promised that the Auschwitz Concentration Camp would be placed at his disposed for experiments on human beings and animals, and he was requested to discover by means of fundamental experiments a method of sterilizing persons without their knowledge. During the course of the conference Himmler called the special attention of all present "to the fact that the matter involved was most secret and should be discussed only with the officers in charge and that the persons present at the experiments or discussions had to pledge secrecy."

From this evidence it is apparent that Gebhardt was present at the initial meeting which launched at least one phase of the sterilization program in the concentration camps and thus had knowledge and gave at least passive approval to the program.

HIGH ALTITUDE, FREEZING, MALARIA, LOST GAS, EPIDEMIC JAUNDICE, SPOTTED FEVER, POISON, AND INCENDIARY BOMB EXPERIMENTS:

Details as to the origin of and procedure followed in these experiments are discussed elsewhere in this Judgment, and will not be repeated. Our only concern is to determine to what extent, if any, the defendant Gebhardt took part in the experiments.

In these enterprises the defendant seems not to have taken any active part, as he did in the sulfanilamide experiments and in other programs.

It may be argued that his close connection with Heinrich Himmler creates a presumption that these experiments were conducted with Gebhardt's knowledge and approval. Be that as it may, no sufficient evidence to that effect has been presented, and a mere presumption is not enough in this case to convict the defendant.

Attention has been given to the brief filed by counsel for the defendant Gebhardt. For the most part it is unnecessary to discuss the theories presented in this brief, for the reason that the main reliance of the defendant seems to be that in his connection with the experiments charged in the Indictment, Dr. Gebhardt acted as a soldier in the execution of orders from an authorized superior. We can not see the applicability of the doctrine of superior orders as a defense to the charges contained in the Indictment. Such doctrine has never been held applicable to a case where the one to whom the order is given has free latitude of decision whether to accept the order or reject it. Such was the situation with reference to Gebhardt. The record makes it manifestly plain that he was not ordered to perform the experiments, but that he sought the opportunity to do so. Particularly is this true with reference to the sulfanilamide experiments: Gebhardt, in effect, took them away from Grawitz to demonstrate that certain surgical procedures advocated by him at the bedside of the mortally wounded Heydrich at Prague in May of 1942 were scientifically and surgically superior to the methods of treatment proposed by Dr. Morell, Hitler's personal physician. The doctrine, therefore, is not applicable. But even if it were, the fact of such orders could merely be considered, under Control Council Law No. 10, as palliating punishment.

Another argument presented in briefs of counsel attempts to ground itself upon the debatable proposition that in the broad interest of alleviating human suffering, a State may legally provide for medical experiments to be carried out on prisoners condemned to death without their consent, even though such experiments may involve great suffering or death for the experimental subject.

Whatever may be the right of a State with reference to its own citizens, it is certain that such legislation may not be extended so as to permit the practice upon nationals of other countries who, held in the most abject servitude, are subjected to experiments without their consent and under the most brutal and senseless conditions.

We find that Gebhardt, in his official capacity, 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 deaths, maiming, and other inhumane treatment resulted to the experimental subjects. To the extent that these experiments did not constitute War Crimes they constituted Crimes against Humanity.

MEMBERSHIP IN CRIMINAL ORGANIZATION:

Under Count Four of the Indictment Gebhardt is charged with being a member of an organization declared criminal by the Judgment of the International Military Tribunal, namely the SS. The evidence shows that Gebhardt became a member of the SS at least as early as 1933 and voluntarily remained in that organization until the end of the war. As one of the most influential members of the medical service of the Waffen-SS he was criminally implicated in the commission of War Crimes and Crimes against Humanity as charged under Counts Two and Three of the Indictment.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Karl Gebhardt guilty under Counts Two, Three and Four of the Indictment.