Indictments
At the Doctors Trial, the twenty-three defendants faced four charges. The military tribunal largely dropped count one, stating that the charge was beyond its jurisdiction.
- Count 1: The Common Design or Conspiracy
- Count 2: War Crimes
- Count 3: Crimes Against Humanity
- Count 4: Membership in Criminal Organizations
Count 1: The Common Design or Conspiracy
1. Between September 1939 and April 1945 all of
the defendants herein, acting pursuant to a common design,
unlawfully, willfully, and knowingly did conspire and agree together
and with each other and with divers other persons, to commit war
crimes and crimes against humanity, as defined in Control Council Law
No. 10, Article II.
2. Throughout the period covered by this
indictment all of the defendants herein, acting in concert with each
other and with others, unlawfully, willfully, and knowingly were
principals in, accessories to, ordered, abetted, took a consenting
part in, and were connected with plans and enterprises involving the
commission of war crimes and crimes against humanity.
3. All of the defendants herein, acting in concert
with others for whose acts the defendants are responsible,
unlawfully, willfully, and knowingly participated as leaders,
organizers, investigators, and accomplices in the formulation and
execution of the said common design, conspiracy, plans, and
enterprises to commit, and which involved the commission of, war
crimes and crimes against humanity.
4. It was a part of the said common design,
conspiracy, plans, and enterprises to perform medical experiments
upon concentration camp inmates and other living human subjects,
without their consent, in the course of which experiments the
defendants committed the murders, brutalities, cruelties, tortures,
atrocities, and other inhuman acts, more fully described in counts
two and three of this indictment.
5. The said common design, conspiracy, plans, and
enterprises embraced the commission of war crimes and crimes against
humanity, as set forth in counts two and three of this indictment, in
that the defendants unlawfully, willfully, and knowingly encouraged,
aided, abetted, and participated in the subjection of thousands of
persons, including civilians, and members of the armed forces of
nations then at war with the German Reich, to murders, brutalities,
cruelties, tortures, atrocities, and other inhuman acts.
Count 2: War Crimes
6. Between September 1939 and April 1945 all of
the defendants herein unlawfully, willfully, and knowingly committed
war crimes, as defined by Article II of Control Council Law No. 10,
in that they were principals in, accessories to, ordered, abetted,
took a consenting part in, and were connected with plans and
enterprises involving medical experiments without the subjects'
consent, upon civilians and members of the armed forces of nations
then at war with the German Reich and who were in the custody of the
German Reich in exercise of belligerent control, in the course of
which experiments the defendants committed murders, brutalities,
cruelties, tortures, atrocities, and other inhuman acts. Such
experiments included, but were not limited to, the following:
7. Between June 1943 and September 1944 the
defendants Rudolf Brandt and Sievers unlawfully, willfully, and
knowingly committed war crimes, as defined by article II of Control
Council Law No. 10, in that they were principals in, accessories to,
ordered, abetted, took a consenting part in, and were connected with
plans and enterprises involving the murder of civilians and members
of the armed forces of nations then at war with the German Reich and
who were in the custody of the German Reich in exercise of
belligerent control. One hundred twelve Jews were selected for the
purpose of completing a skeleton collection for the Reich University
of Strasbourg. Their photographs and anthropological measurements
were taken. Then they were killed. Thereafter, comparison tests,
anatomical research, studies regarding race, pathological features of
the body, form and size of the brain, and other tests, were made. The
bodies were sent to Strasbourg and defleshed.
8. Between May 1942 and January 1944 (Indictment
originally read "January 1943" but was amended by a motion
filed with the Secretary General. See Arraignment, page 18) the
defendants Blome and Rudolf Brandt unlawfully, willfully, and
knowingly committed war crimes, as defined by Article II of Control
Council Law No. 10, in that they were principals in, accessories to,
ordered, abetted, took a consenting part in, and were connected with
plans and enterprises involving the murder and mistreatment of tens
of thousands of Polish nationals who were civilians and members of
the armed forces of a nation then at war with the German Reich and
who were in the custody of the German Reich in exercise of
belligerent control. These people were alleged to be infected with
incurable tuberculosis. On the ground of insuring the health and
welfare of Germans in Poland, many tubercular Poles were ruthlessly
exterminated while others were isolated in death camps with
inadequate medical facilities.
9. Between September 1939 and April 1945 the defendants Karl Brandt, Blome, Brack,
and Hoven unlawfully, willfully, and knowingly committed war crimes,
as defined by Article II of Control Council Law No. 10, in that they
were principals in, accessories to, ordered, abetted, took a consenting
part in, and were connected with plans and enterprises involving the
execution of the so-called "euthanasia" program of the German
Reich in the course of which the defendants herein murdered hundreds
of thousands of human beings, including nationals of German-occupied
countries. This program involved the systematic and secret execution
of the aged, insane, incurably ill, of deformed children, and other
persons, by gas, lethal injections, and diverse other means in nursing
homes, hospitals, and asylums. Such persons were regarded as "useless
eaters" and a burden to the German war machine. The relatives of
these victims were informed that they died from natural causes, such
as heart failure. German doctors involved in the "euthanasia"
program were also sent to Eastern occupied countries to assist in the
mass extermination of Jews.
10. The said war crimes constitute violations of
international conventions, particularly of Articles 4, 5, 6, 7, and
46 of the Hague Regulations, 1907, and Articles 2, 3, and 4 of the
Prisoner-of-War Convention (Geneva, 1929), the laws and customs of
war, the general principles of criminal law as derived from the
criminal laws of all civilized nations, the internal penal laws of
the countries in which such crimes were committed, and Article II of
Control Council Law No. 10.
Count 3: Crimes Against Humanity
11. Between September 1939 and April 1945 all of
the defendants herein unlawfully, willfully, and knowingly committed
crimes against humanity, as defined by Article II of Control Council
Law No. 10, in that they were principals in, accessories to, ordered,
abetted, took a consenting part in, and were connected with plans and
enterprises involving medical experiments, without the subjects'
consent, upon German civilians and nationals of other countries, in
the course of which experiments the defendants committed murders,
brutalities, cruelties, tortures, atrocities, and other inhuman acts.
The particulars concerning such experiments are set forth in
paragraph 6 of count two of this indictment and are incorporated
herein by reference.
12. Between June 1943 and September 1944 the
defendants Rudolf Brandt and Sievers unlawfully, willfully, and
knowingly committed crimes against humanity, as defined by Article II
of Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part in, and were
connected with plans and enterprises involving the murder of German
civilians and nationals of other countries. The particulars
concerning such murders are set forth in paragraph 7 of count two of
this indictment and are incorporated herein by reference.
13. Between May 1942 and January 1944 [Indictment
originally read "January 1943" but was amended by a motion
filed with the Secretary General. See Arraignment, p. 18] the
defendants Blome and Rudolf Brandt unlawfully, willfully, and
knowingly committed crimes against humanity, as defined by Article II
of Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part in, and were
connected with plans and enterprises involving the murder and
mistreatment of tens of thousands of Polish nationals. The
particulars concerning such murder and inhuman treatment are set
forth in paragraph 8 of count two of this indictment and are
incorporated herein by reference.
14. Between September 1939 and April 1945 the
defendants Karl Brandt, Blome, Brack, and Hoven unlawfully,
willfully, and knowingly committed crimes against humanity, as
defined by Article II of Control Council Law No. 10, in that they
were principals in, accessories to, ordered, abetted, took a
consenting part in, and were connected with plans and enterprises
involving the execution of the so called "euthanasia"
program of the German Reich, in the course of which the defendants
herein murdered hundreds of thousands of human beings, including
German civilians, as well as civilians of other nations. The
particulars concerning such murders are set forth in paragraph 9 of
count two of this indictment and are incorporated herein by
reference.
15. The said crimes against humanity constitute
violations of international conventions, including Article 46 of the
Hague Regulations, 1907, the laws and customs of war, the general
principles of criminal law as derived from the criminal laws of all
civilized nations, the internal penal laws of the countries in which
such crimes were committed, and of Article II of Control Council Law
No. 10.
Count 4: Membership in Criminal Organization
16. The defendants Karl Brandt, Genzken, Gebhardt,
Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Brack, Hoven, and
Fischer are guilty of membership in an organization declared to be
criminal by the International Military Tribunal in Case No. 1, in
that each of the said defendants was a member of the SCHUTZSTAFFELN
DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly
known as the "SS") after 1 September 1939. Such membership
is in violation of paragraph I (d), Article II of Control Council Law
No. 10.
Sources: U.S.
Holocaust Memorial Museum. Trials of War Criminals before the
Nuremberg Military Tribunals under Control Council Law No. 10.
Nuremberg, October 1946 - April 1949. Washington D.C.: U.S. G.P.O,
1949-1953.
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