Military Tribunal No. I
Case No. 1
The United States of America
against
KARL BRANDT,
SIEGFRIED HANDLOSER, PAUL ROSTOCK, OSKAR SCHROEDER, KARL GENZKEN, KARL
GEBHARDT, KURT BLOME, RUDOLF BRANDT, JOACHIM MRUGOWSKY, HELMUT POPPENDICK,
WOLFRAM SIEVERS, GERHARD ROSE, SIEGFRIED RUFF, HANS WOLFGANG ROMBERG, VICTOR
BRACK, HERMANN BECKER-FREYSENG, GEORG AUGUST WELTZ, KONRAD SCHAEFER, WALDEMAR
HOVEN, WILHELM BEIGLEBÖCK, ADOLF POKORNY, HERTA OBERHEUSER, and FRITZ FISCHER.
Defendants
INDICTMENT
The United States of America, by the undersigned Telford Taylor,
Chief of Counsel for War Crimes, duly appointed to represent said Government in
the prosecution of war criminals, charges that the defendants herein
participated in a Common Design or Conspiracy to commit and did commit War Crimes
and Crimes against Humanity, as defined in Control Council Law No. 10, duly
enacted by the Allied Control Council on 20 December 1945. These crimes included murders, brutalities,
cruelties, tortures, atrocities, and other inhumane acts, as set forth in
Counts One, Two, and Three of this indictment. Certain defendants are further charged with
membership in a Criminal Organization, as set forth in Count Four of this
indictment.
The persons accused as guilty of these crimes and accordingly named
as defendants in this cause are:
KARL BRANDT — Personal physician to AdoIf Hitler; Gruppenfuehrer in
the SS and Generalleutnant (Major General) in the Waffen SS; Reich Commissioner
for Health and Sanitation (Reichskommissar fuer Sanitaets- und
Gesundheitswesen); and member of the Reich Research Council
(Reichsforschungsrat).
SIEGFRIED HANDLOSER — Generaloberstabsarzt (Lieutenant General,
Medical Service); Medical Inspector of the Army (Heeres-sanitaetsinspekteur);
and Chief of the Medical Services of the Armed Forces (Chef des
Wehrmachtsanitaetswesens).
PAUL ROSTOCK — Chief Surgeon of the Surgical Clinic in Berlin;
Surgical Adviser to the Army; and Chief of the Office for Medical Science and
Research (Amtschef der Dienststelle Medizinische Wissenschaft und Forschung)
under the defendant Karl Brandt, Reich Commissioner for Health and Sanitation.
OSKAR SCHROEDER — Generaloberstabsarzt (Lieutenant General Medical
Service); Chief of Staff of the Inspectorate of the Medical Service of the
Luftwaffe (Chef des Stabes, Inspekteur des Luftwaffe-Sanitaetswesens); and
Chief of the Medical Service of the Luftwaffe (Chef des Sanitaetswesens der
Luftwaffe).
KARL GENZKEN — Gruppenfuehrer in the SS and Generalleutnant (Major
General) in the Waffen SS; and Chief of the Medical Department of the Waffen SS
(Chef des Sanitaetsamts der Waffen SS).
KARL GEBHARDT — Gruppenfuehrer in the SS and Generalleutnant (Major
General) in the Waffen SS; personal physician to Reichsfuehrer SS Himmler;
Chief Surgeon of the Staff of the Reich Physician SS and Police (Oberster
Kliniker, Reichsarzt SS und Polizei); and President of the German Red Cross.
KURT BLOME — Deputy [of the] Reich Health Leader
(Reichsgesundheitsfuehrer); and Plenipotentiary for Cancer Research in the
Reich Research Council.
RUDOLF BRANDT — Standartenfuehrer (Colonel); in the Allgemeine SS;
Personal Administrative Officer to Reichsfuehrer SS Himmler (Persoenlicher
Referent von Himmler); and Ministerial Counsellor and Chief of the Ministerial
Office in the Reich Ministry of the Interior.
JOACHIM MRUGOWSKY — Oberfuehrer (Senior Colonel) in the Waffen SS;
Chief Hygienist of the Reich Physician SS and Police (0berster Hygieniker,
Reichsarzt SS und Polizei); and Chief of the Hygenic Institute of the Waffen SS
(Chef des Hygienischen Institutes der Waffen SS).
HELMUT POPPENDICK — Oberfuehrer (Senior Colonel) in the SS; and
Chief of the Personal Staff of the Reich Physician SS and Police (Chef des
Persoenlichen Stabes des Reichsarztes SS und Polizei).
WOLFRAM SIEVERS — Standartenfuehrer (Colonel) in the SS; Reich
Manager of the "Ahnenerbe" Society and Director of its Institute for
Military Scientific Research (Institut fuer Wehrwissenschaftliche
Zweckforschung); and Deputy Chairman of the Managing Board of Directors of the
Reich Research Council.
GERHARD ROSE — Generalarzt of the Luftwaffe (Brigadier General,
Medical Service of the Air Force); Vice President, Chief of the Department for
Tropical Medicine, and Professor of the Robert Koch Institute; and Hygienic
Adviser for Tropical Medicine to the Chief of the Medical Service of the
Luftwaffe.
SIEGFRIED RUFF — Director of the Department for Aviation Medicine
at the German Experimental Institute for Aviation (Deutsche Versuchsanstalt
fuer Luftfahrt).
HANS WOLFGANG ROMBERG — Doctor on the Staff of the Department for
Aviation Medicine at the German Experimental Institute for Aviation.
VIKTOR BRACK — Oberfuehrer (Senior Colonel) in the SS and
Sturmbannfuehrer (Major) in the Waffen SS; and Chief Administrative Officer in
the Chancellery of the Fuehrer of the NSDAP (Oberdienstleiter, Kanzlei des
Fuehrers der NSDAP).
HERMANN BECKER-FREYSENG — Stabsarzt in the Luftwaffe (Captain,
Medical Service of the Air Force); and Chief of the Department for Aviation
Medicine of the Chief of the Medical Service of the Luftwaffe.
GEORG AUGUST WELTZ — Oberfeldarzt in the Luftwaffe (Lieutenant
Colonel, Medical Service of the Air Force); and Chief of the Institute for
Aviation Medicine in Munich (Institut fuer Luftfahrtmedizin).
KONRAD SCHAEFER — Doctor on the Staff of the Institute for Aviation
Medicine in Berlin.
WALDEMAR HOVEN — Hauptsturmfuehrer (Captain) in the Waffen SS; and
Chief Doctor of the Buchenwald Concentration Camp.
WILHELM BEIGLBÖCK — Consulting Physician to the Luftwaffe.
ADOLF POKORNY — Physician, Specialist in Skin and Venereal
Diseases.
HERTA OBERHEUSER — Physician at the Ravensbrueck Concentration
Camp; and Assistant Physician to the defendant Gebhardt at the Hospital at
Hohenlychen.
FRITZ FISCHER — Sturmbannfuehrer (Major) in the Waffen SS; and
Assistant Physician to the defendant Gebhardt at the Hospital at Hohenlychen.
Key to Courtroom Chart
Tribunal:
1.
Presiding Judge Walter B. Beals, Justice of the
Supreme Court of the State of Washington.
2.
Judge Herold L. Sebring, Judge of the Supreme
Court of Florida.
3.
Judge Johnson Tal Crawford, Former Justice of
the Oklahoma District Court, Ada, Okla.
4.
Alternate Judge Victor C. Swearingen, Former
Assistant Attorney General of Michigan.
Prosecution:
5.
Brig. Gen. Telford Taylor and staff.
Defendants:
6.
Karl Brandt
7.
Siegfried Handloser
8.
Paul Rostock
9.
Oskar Schroeder
10. Karl Genzken
11. Karl Gebhardt
12. Kurt Blome
13. Joachim Mrugowsky
14. Rudolf Brandt
15. Helmut Poppendick
16. Wolfarm Sievers
17. Gerhard Rose
18. Siegfried Ruff
19. Viktor Brack
20. Hans Wolfgang Romberg
21. Hermann Becker-Freyseng
22. Georg August Weltz
23. Konrad Schaefer
24. Waldemar Hoven
25. Wilhelm Beiglböck
26. Adolf Pokorny
27. Herta Oberhauser
28. Fritz Fischer
Defense
Councel:
29. German Attorneys
Miscellaneous:
30. Interpreters
31. Marshal of the Court
32. Movie Screen, Display
33. Witness Box
34. Court Reporters
35. Clerks of the Court
36. Secretary General
37. Page
38. Prosecutor's Stand
39. Elevator from Prison
40. Judges' Table
41. Court Physician
42. Security Officer
43. VIP Seats
44. IBM Apparatus Control
45. Sound Film Booth
46. Press
47. American & Allied Visitors
48. German Visitors
COUNT ONE — 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 TWO — 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:
(A)
High-Altitude Experiments. From
about March 1942 to about August 1942 experiments were conducted at the Dachau
concentration camp, for the benefit of the German Air Force, to investigate the
limits of human endurance and existence at extremely high altitudes. The
experiments were carried out in a low-pressure chamber in which atmospheric
conditions and pressures prevailing at high altitude (up to 68,000 feet) could
be duplicated. The experimental subjects were placed in the low-pressure
chamber and thereafter the simulated altitude therein was raised. Many victims
died as a result of these experiments and others suffered grave injury,
torture, and ill-treatment. The defendants Karl Brandt, Handloser, Schroeder,
Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Ruff, Romberg,
Becker-Freyseng, and Weltz are charged with special responsibility for and participation
in these crimes.
(B)
Freezing Experiments. From
about August 1942 to about May 1943 experiments were conducted at the Dachau
concentration camp, primarily for the benefit of the German Air Force, to
investigate the most effective means of treating persons who had been severely
chilled or frozen. In one series of experiments the subjects were forced to
remain in a tank of ice water for periods up to 3 hours. Extreme rigor
developed in a short time. Numerous victims died in the course of these
experiments. After the survivors were severely chilled, rewarming was attempted
by various means. In another series of experiments, the subjects were kept
naked outdoors for many hours at temperatures below freezing. The victims
screamed with pain as their bodies froze. The defendants Karl Brand, Handloser,
Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers,
Becker-Freyseng, and Weltz are charged with special responsibility for and participation
in these crimes.
(C) Malaria Experiments. From
about February 1942 to about April 1945 experiments were conducted at the
Dachau concentration camp in order to investigate immunization for and
treatment of malaria. Healthy concentration-camp inmates were infected by
mosquitoes or by injections of extracts of the mucous glands of mosquitoes.
After having contracted malaria the subjects were treated with various drugs to
test their relative efficacy. Over 1,000 involuntary subjects were used in
these experiments. Many of the victims died and others suffered severe pain and
permanent disability. The defendants Karl Brandt, Handloser, Rostock, Gebhardt,
Blome, Rudolf Brandt, Mrugowsky, Poppendick, and Sievers are charged with
special responsibility for and participation in these crimes.
(D) Lost (Mustard) Gas
Experiments. At various times between September 1939 and
April 1945 experiments were Conducted at Sachsenhausen, Natzweiler, and other
concentration camps for the benefit of the German Armed Forces to investigate
the most effective treatment of wounds caused by Lost gas. Lost is a poison gas
which is commonly known as mustard gas. Wounds deliberately inflicted on the
subjects were infected with Lost. Some of the subjects died as a result of
these experiments and others suffered intense pain and injury. The defendants
Karl Brandt, Handloser, Blome, Rostock, Gebhardt, Rudolf Brandt, and Sievers
are charged with special responsibility for and participation in these crimes.
(E)
Sulfanilamide Experiments. From
about July 1942 to about September 1943 experiments to investigate the effectiveness
of sulfanilamide were conducted at the Ravensbrueck concentration camp for the
benefit of the German Armed Forces. Wounds deliberately inflicted on the
experimental subjects were infected with bacteria such as streptococcus, gas
gangrene, and tetanus. Circulation of blood was interrupted by tying off blood
vessels at both ends of the wound to create a condition similar to that of a
battlefield wound. Infection was aggravated by forcing wood shavings and ground
glass into the wounds. The infection was treated with sulfanilamide and other
drugs to determine their effectiveness. Some subjects died as a result of these
experiments and others suffered serious injury and intense agony. The
defendants Karl Brandt, Handloser, Rostock, Schroeder, Genzken, Gebhardt,
Blome, Rudolf Brandt, Mrugowsky, Poppendick, Becker-Freyseng, Oberheuser, and
Fischer are charged with special responsibility for and participation in these
crimes.
(F)
Bone, Muscle, and Nerve Regeneration and Bone
Transplantation Experiments. From about September 1942
to about December 1943 experiments were conducted at the Ravensbrueck
concentration camp, for the benefit of the German Armed Forces, to study bone,
muscle, and nerve regeneration, and bone transplantation from one person to
another. Sections of bones, muscles, and nerves were removed from the subjects.
As a result of these operations, many victims suffered intense agony,
mutilation, and permanent disability. The defendants Karl Brandt, Handloser,
Rostock, Gebhardt, Rudolf Brandt, Oberheuser, and Fischer are charged with
special responsibility for and participation in these crimes.
(G) Sea-water
Experiments. From about July 1944 to about September 1944
experiments were conducted at the Dachau concentration camp, for the benefit of
the German Air Force and Navy, to study various methods of making sea water
drinkable. The subjects were deprived of all food and given only chemically
processed sea water. Such experiments caused great pain and suffering and
resulted in serious bodily injury to the victims. The defendants Karl Brandt,
Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick,
Sievers, Becker-Freyseng, Schaefer, and Beiglboeck are charged with special
responsibility for and participation in these crimes.
(H) Epidemic Jaundice
Experiments. From about June 1943 to about January 1945
experiments were conducted at the Sachsenhausen and Natzweiler concentration
camps, for the benefit of the German Armed Forces, to investigate the causes
of, and inoculations against, epidemic jaundice. Experimental subjects were
deliberately infected with epidemic jaundice, some of whom died as a result,
and others were caused great pain and suffering. The defendants Karl Brandt,
Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick,
Sievers, Rose, and Becker-Freyseng are charged with special responsibility for
and participation in these crimes.
(I)
Sterilization Experiments. From about March 1941 to about January 1945
sterilization experiments were conducted at the Auschwitz and Ravensbrueck
concentration camps, and other places. The purpose of these experiments was to
develop a method of sterilization which would be suitable for sterilizing
millions of people with a minimum of time and effort. These experiments were
conducted by means of X-ray, surgery, and various drugs. Thousands of victims
were sterilized and thereby suffered great mental and physical anguish. The
defendants Karl Brandt, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Brack,
Pokorny, and Oberheuser are charged with special responsibility for and
participation in these crimes.
(J)
Spotted Fever Experiments. From
about December 1941 to about February 1945 experiments were conducted at the
Buchenwald and Natzweiler concentration camps, for the benefit of the German
Armed Forces, to investigate the effectiveness of spotted fever and other
vaccines. At Buchenwald numerous healthy inmates were deliberately infected
with spotted fever virus in order to keep the virus alive; over 90 percent of
the victims died as a result. Other healthy inmates were used to determine the
effectiveness of different spotted fever vaccines and of various chemical
substances. In the course of these experiments 75 percent of the selected
number of inmates were vaccinated with one of the vaccines or nourished with
one of the chemical substances and, after a period of 3 to 4 weeks, were
infected with spotted fever germs. The remaining 25 percent were infected
without any previous protection in order to compare the effectiveness of the
vaccines and the chemical substances. As a result, hundreds of the persons
experimented upon died. Experiments with yellow fever, smallpox, typhus,
paratyphus [It was definitely ascertained in the course of the proceedings, by
both prosecution ad defense, that the correct translation of
"Fleckfieber" is typhus. A finding to this effect is contained in the
judgment. A similar initial inadequate translation occurred in the case of
"typhus" and "paratyphus" which should be rendered as
typhoid and paratyphoid] A and B, cholera, and diphtheria were also conducted.
Similar experiments with like results were conducted at Natzweiler
concentration camp. The defendants Karl Brandt, Handloser, Rostock, Schroeder,
Genzken, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Rose,
Becker-Freyseng, and Hoven are charged with special responsibility for and
participation in these crimes.
(K)
Experiments with Poison. In
or about December 1943, and in or about October 1944, experiments were
conducted at the Buchenwald concentration camp to investigate the effect of
various poisons upon human beings. The poisons were secretly administered to
experimental subjects in their food. The victims died as a result of the poison
or were killed immediately in order to permit autopsies. In or about September
1944 experimental subjects were shot with poison bullets and suffered torture
and death. The defendants Genzken, Gebhardt, Mrugowsky, and Poppendick are
charged with special responsibility for and participation in these crimes.
(L)
Incendiary Bomb Experiments. From
about November 1943 to about January 1944 experiments were conducted at the
Buchenwald concentration camp to test the effect of various pharmaceutical
preparations on phosphorous burns. These burns were inflicted on experimental
subjects with phosphorous matter taken from incendiary bombs, and caused severe
pain, suffering, and serious bodily injury. The defendants Genzken, Gebhardt,
Mrugowsky, and Poppendick are charged with special responsibility for and
participation in these crimes.
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 THREE — 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 FOUR — 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.
Wherefore, this indictment is filed with the Secretary General of
the Military Tribunals and the charges herein made against the above named
defendants are hereby presented to MILITARY TRIBUNAL NO. I
TELFORD TAYLOR
Brigadier General, USA
Chief of Counsel for War Crimes
Acting on Behalf of the United States of America
Nuernberg,
25 October 1946
Statement of Individual Responsibility
Prepared by Public Relations Division, OCC-WC
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