1947-08-19, #16: Doctors' Trial — Dr. Gerhard Rose

Judgment: Gerhard Rose — GUILTY ON ALL COUNTS

THE CASE OF THE DEFENDANT GERHARD ROSE

JUDGE SEBRING: The defendant Rose is charged with special responsibility for, and participation in typhus and epidemic jaundice experiments.

The latter charge has been abandoned by the Prosecution.

Evidence was offered concerning, Rose's criminal participation in malaria experiments at Dachau; although he was not named in the indictment as one of the defendants particularly charged with criminal responsibility in connection with malaria experiments. Questions presented by this situation will be discussed later.

The defendant Rose is a physician of large experience; for many years recognized as an expert in tropical diseases. He studied medicine at the Universities of Berlin and Braslau, and was admitted to practice in the fall of 1921. After serving as intern in several medical institutes, he received an appointment on the staff of the Robert Koch Institute in Berlin.

Later he served on the staff of Heidelberg University and for three year., engaged in the private practice of medicine in Heidelberg. In 1929 he went to China, where he remained until 1936, occupying important positions as medical adviser to the Chinese Government. In 1936 he returned to Germany and became head of the Department for Tropical Medicine at the Robert Foch Institute in Berlin. Late in August 1939 He joined the Luftwaffe with the rank of First Lieutenant in the Medical Corps. In that service he was commissioned Brigadier General in the Reserve and continued on active duty until the end. of the war. He was Consultant on Hygiene and Tropical Medicine to the Chief of the Medical Service of the Luftwaffe. From 1944 he was also Consultant on the staff of defendant Handloser and was medical adviser to Dr. Conti in matters pertaining to tropical diseases. During the war Rose devoted practically all of his time to his duties as Consultant to the Chief of the Medical Service of the Luftwaffe, Hippke, and after 1 January 1944, the defendant Schroeder.

MALARIA EXPERIMENTS:

Medical experiments in connection with malaria were carried on at Dachau concentration camp from February 1942 until the end of the war. These experiments were conducted under Dr. Klaus Schilling for the purpose of discovering a method of establishing immunity against malaria. During the course of the experiments probably as many as 1,000 inmates of the concentration camp were used as subjects of the experiments. Very many of these persons were nationals of countries other than Germany, who did not volunteer for the experiments. By credible evidence it is established that approximately 30 of the experimental subjects died as a direct result of the experiments and that many more succumbed from causes directly flowing from the experiments, including non-German nationals.

With reference to Rose's participation in these experiments the record shows the following: The defendant Rose had been acquainted with Schilling for a number of years, having been his successor in a position once held by Schilling in the Robert Koch Institute. Under date 3 February 1941, Rose writing to Schilling, then in Italy, referred to a letter received from Schilling, in which the latter requested "malaria spleens" (Spleens taker from the bodies of persons who had died from malaria), Rose in reply asked for information concerning the exact nature of the material desired. Schilling wrote 4 April 1942 from Dachau to Rose at Berlin, stating that he had inoculated a person intracutaneously with Sperecoides from the salivary glands of a female anopheles which Rose had sent him. The letter continues:

For the second inoculation I miss the Sperecoides material because I do not possess the "Strain Rose" in the anopheles yet. If you could find it possible to send me in the next days a few anopheles infected with "Strain Rose" (with the last consignment two out of ten mosquitoes were infected) I would have the possibility to continue this experiment and I would naturally be very thankful to you for this new support of my work.

The mosquito breeding and the experiments proceed satisfactorily and I am working now on six tertiary strains.

The letter bears the Handwritten endorsement, "finished 17 April 1942. L.g. RO 17/4," which evidence clearly reveals that Rose had complied with Schilling's request for material.

Schilling again wrote Rose from Dachau Malaria Station 3 July 1943, thanking Rose for this letter and "the consignment of atroparvus eggs." The letter continues:

Five percent of them brought on water went down and were therefore unfit for development; the rest of them hatched almost 100 percent.

Thanks to your solicitude, achieved again: the completion of my breed.

Despite this fact I accept with great pleasure your offer to send me your excess of eggs, how did you dispatch this consignment? The result could not have been any better.

Please tell Fraulein [Miss] Lange, who apparently takes care of her breed with greater skill and better success than the prisoner August, may best thanks for her trouble.

Again my sincere thanks to you.

The "prisoner August" mentioned in the letter was doubtless the witness August Viewer, who testified before this Tribunal concerning the malaria experiments. Rose wrote Schilling 27 July 1943 in answer to the latter's letter of 3 July 1943, stating he was glad the shipment of eggs had arrived in good order and had proved useful. He also gave the information that another shipment of anopheles eggs would follow.

In the fall of 1942 Rose was present at the "Cold Conference" held at Nurmberg and heard Helzloechner deliver his lecture on the freezing experiments which' had taken place at Dachau. Rose testified that after the conference he talked with Holzloehner, who told him that the carrying out of physiological experiments on human beings imposed upon him a tremendous mental burden, adding that he hoped he never would receive another order to conduct such experiments.

It is impossible to believe that during the years 1942 and 1943 Rose was unaware of malaria experiments on human beings which were progressing at Dachau under Schilling, or to credit Rose with innocence of knowledge that the malaria research was not confined solely to vaccinations designed for the purpose of immunizing the persons vaccinated. On the contrary it is clear that Rose well knew that human beings were being used in the concentration camp as subjects for medical experimentation.

However, no adjudication either of guilt or innocence will be entered against Rose for criminal participation in these experiments, for the following reason: In preparing counts two and three of its indictment the Prosecution elected to frame its pleading in such a manner as to charge all defendants with the commission of war crimes and crimes against humanity, generally, and at the same time to name in each sub-paragraph dealing with medical experiments only those defendants particularly charged with responsibility for each particular item.

In our view this constituted, in effect, a bill of particulars and was, in essence, a declaration to the defendants upon which they were entitled to rely in preparing their defenses, that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items. Included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of Rose does not appear. We think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged.

This does not mean that the evidence adduced by the Prosecution was inadmissible against the charges actually preferred against Rose. We think it had probative value as proof of the fact of Rose's knowledge of human experimentation upon concentration camp inmates.

TYPHUS EXPERIMENTS:

These experiments were carried out at Buchenwald and Natzweiler Concentration Camps, ever a period extending from 1942 to 1945. In an attempt to procure a protective typhus vaccine.

In the experimental block at Buchenwald, with Dr. Ding in charge, inmates of the camp were infected with typhus for the purpose of procuring a continuing supply of fresh blood taken from persons suffering from typhus. Other inmates, some previously immunized and some not, were infected with typhus to demonstrate the efficacy of the vaccines. Full particulars of those experiments have been given elsewhere in the judgment.

Those visited Buchenwald in company with Gildemeister of the Robert Koch Institute in the Spring of 1942. At this time Dr. Ding was absent, suffering from typhus as the result of an accidental infection received while infecting his experimental subjects. Rose inspected the experimental block where he saw many persons suffering from typhus. He passed through the wards and looked at the clinical records of "persons with severe cases in the control cases" and "lighter cases among those vaccinated."

The Ding Diary, under dated 19 August to 4 September 1942, referring to use of vaccines for immunization, states that 20 persons were inoculated with vaccine from Bucharest, with a note "this vaccine was made available by Professor Rose, who received it from Navy Doctor Professor Ruegge from Bucharest." Rose denied that he ever sent vaccine to Mrugowsky or Ding for use at Buchenwald. Mrugowsky, from Berlin under date 16 May 1942 wrote Rose as follows:

Dear Professor:

The Reich Physician SS and Police has consented to the execution of experiments to test typhus vaccines. May I therefore ask you to let me have the vaccines.

The other question which you raised, as to whether the louse can be infected by a vaccinated typhus patient, will also be dealt with. In principle, this also has been approved. There are, however, still some difficulties at the moment about the practical execution, since we have at present no facilities for breeding lice.

Your suggestion to use Olzscha has been passes on to the Personnel Department of the SS Medical Office. It will be given consideration in due course.

From a note on the letter, it appears that Rose was absent from Berlin and was not expected to return until June. The letter, however refers to previous contact with Rose and to some suggestions made by him which evidently concern medical experiments on human beings. Rose in effect admitted that he had forwarded the Bucharest vaccine to be tested at Buchenwald.

At a meeting of Consulting Physicians of the Wehrmacht held in Hay 1943 Ding made a report in which he described the typhus experiments he had been performing at Buchenwald. Rose heard the report at the meeting and then and there objected strongly to the methods used by Ding in conducting the experiments. As may well be imagined this protest created considerable discussion among those present.

The Ding Diary shows that, subsequent to this meeting, experiments were conducted at Buchenwald at the instigation of the defendant Rose. The entry under date of 8 March 1944 which refers to "Typhus Vaccine Experimental Series VII," appears as follows:

Suggested by Colonel M. C. of the air-corps, Prof. Rose (Oberstarzt) the vaccine "Kopenhagen" (Ipsen-Murine-Vaccine) produced from mouse liver by the national serum institute in Kopenhagen was tested for its compatibility on humans. 20 persons were vaccinated for immunization by intramuscular injection...10 persons were contemplated for control and comparison. 4 of the 30 persons were eliminated before the start of the artificial injection, because of intermittent sickness.

The remaining experimental persons were infected on 16 April 44 by subcutaneous injection of l/20 cc spotted fever sick fresh blood... The following fell sick: a) 17 persons immunized: 9 medium, 8 seriously; b) 9 persons control, 2 medium, 7 seriously...2 Jun 44; The experimental series was concluded. 13 Jun 44: Chart and case history completed and sent to Berlin. 6 deaths (3 Kopenhagen) (control). Dr. Ding.

When on the witness stand Rose vigorously challenged the correctness of this entry in the Ding Diary and flatly denied that he had sent a Copenhagen vaccine to Mrugowsky or Ding for use at Buchenwald. The prosecution met this challenge by offering in evidence a letter from Rose to Mrugowsky dated 2 December 1943 in which Rose stated that he had at his disposal a number of samples of a new urine virus typhus vaccine prepared from mice livers, which, in animal experiments, has been much more effective than the vaccine prepared from the lungs of mice. The letter continued:

to decide whether this first rate murine vaccine should be used for protective vaccination of human beings against lice typhus it would be desirable to know if this vaccine showed in your and Ding's experimental arrangement at Buchenwald an effect similar to that of the classic virus vaccines.

Would you be able to have such an experimental series carried out? Unfortunately I could not reach you over the phone. Considering the slowness of postal communications I would be grateful for an answer by telephone —

The letter shows on its fact that it was forwarded by Mrugowsky to Ding, who noted its receipt by him 21 February 1944.

On cross examination when Rose as confronted with the letter he admitted its authorship, and that he had asked that experiments be carried out by Mrugowsky and Ding at Buchenwald.

The fact that Rose contributed actively and materially to the Mrugowsky-Ding experiments at Buchenwald clearly appears from the evidence.

The evidence also shows that Rose actively collaborated in the Typhus experiments carried out by Haagen at the Natzweiler Concentration Camp for the benefit of the Luftwaffe.

From the exhibits in the record it appears that Rose and Haagen corresponded during the month of June 1943 concerning the production of a vaccine for typhus. Under date 5 June 1943 Haagen wrote to Rose amplifying a telephone conversation between the two and referring to a letter from a certain Giroud with references to a vaccine which had been used on rabbits. A few days later Rose replied, thanking him for his letters of 4 and 5 June and for "the prompt execution of my request." The record makes it plain that by use of the phrase "the prompt execution of my request," was meant a request made by Rose to the Chief of the Medical Service of the Wehrmacht for an order to produce typhus vaccine to be used by the armed forces in the eastern area.

Under the date 4 October 1943 Haagen again wrote Rose concerning his plans for vaccine production; making reference in the letter to a report made by Rose on the Ipsen vaccine. Haagen stated that he had already reported to Rose on the results of experiments with human beings, and expressed his regret that up to the date of the letter he had been unable to "perform infection experiments on the vaccinated persons." He also seated that he had requested the Ahnenerbe [Ancestral Heritage] to provide suitable persons far vaccination but had received no answer; that he was then vaccinating ocher human beings and would report results later. He concluded by expressing the wish and need for experimental subjects upon whom to test vaccinations, and suggested that when subjects were procured, parallel tests should be made between the vaccine referred to in the letter, and the Ipsen tests.

We think the only reasonable inference which can be drawn from this letter is that Haagen was proposing to test the efficacy of the vaccinations which he had completed, which could only be accomplished by infecting the vaccinated subjects with an avirulent pathogenic virus.

In a letter written by Rose and dated "in the field, 29 September 1943," directed to the Behring Works at Marburg Lahn, Rose states that he is enclosing a memorandum regarding reports by Dr. Ipsen on his experience in the production of typhus vaccine. Copy of the report which Rose enclosed is in evidence, Rose stating therein that he had proposed, and Ipson had promised, that a number of Ipsen's liver vaccine samples should be sent to Rose with the object of testing its protective efficacy on human beings whose lives were in special danger. Copies of this report were forwarded by Rose to several institutions, including that presided over by Haagen.

In November 1943, 100 prisoners were transported to Natzweiler, of whom 18 had died during the journey. The remainder were in such poor health that Haagen found them worthless for his experiments and quested additional healthy prisoners through Dr. Hirt, who was a member of the Ahnenerbe.

Rose wrote to Haagen 13 December 1943, saying among other things:

I request that in procuring persons for vaccination in your experiment, you request a corresponding number of persons for vaccination with Copenhagen vaccine. This has the advantage, as also appeared in the Buchenwald experiments, that the test of various vaccines simultaneously gives a clearer idea of their value than the test of one vaccine alone.

There is much other evidence connecting Rose with the series of experiments conducted by Haagen but we shall not burden the judgment further. It will be sufficient to say that the evidence proves conclusively that Rose was directly connected with the criminal experiments conducted by Haagen.

Doubtless at the outset of the experimental program launched in the concentration camps Rose may have voiced some vigorous opposition. In the end, however, he overcame what scruples he had and knowingly took an active and consenting part in the program. He attempts to justify his actions on the ground that a State may validly order experiments to be carried out on persons condemned to death without regard to the fact that such persons may refuse to consent to submit themselves as experimental subjects. This defense entirely misses the point of the dominant issue. As we have pointed out in the case of Gebhardt: Whatever may be the condition of the law with reference to medical experiments conducted by or through a State upon its own citizens, such a thing will not be sanctioned in international law when practiced upon citizens or subjects of an occupied territory.

We have indulged every presumption in favor of the defendant but his position lacks substance in the face of the overwhelming evidence against him. His own consciousness of turpitude is clearly disclosed by the statement made by him at the close of a vigorous cross-examination, in the following language:

It was known to me that such experiments had earlier been carried out, although I basically objected to these experiments. This institution had been set up in Germany and was approved by the State and covered by the State. At that moment I was in a position which perhaps corresponds to a lawyer who is, perhaps, a basic opponent of execution or death sentence. On occasion when he is dealing with leading members of the government, or with lawyers during public congresses or meetings, he will do everything in his power to maintain his opinion on the subject and have it put into effect. If, however, he does not succeed, he stays in his profession and, in his environment in spite of this. Under circumstances he may perhaps even be forced to pronounce such a death sentence himself, although he is basically opponent of that set-up.

The Tribunal finds that the defendant Rose was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving medical experiments on non-German nationals without their consent, in the course of which murders, brutalities, cruelties, tortures, atrocities and other inhumane acts were committed. To the extent that these crimes were not war crimes they were crimes against humanity.

CONCLUSION

Military Tribunal I finds and adjudges the defendant Gerhard Rose guilty under Counts Two and Three of the Indictment.

THE PRESIDENT: The Tribunal will now be in recess for a few moments.

(A recess was taken.)