Volume I and part of Volume II of this series are dedicated to the first

of the twelve cases, _United States vs. Karl Brandt, et al._ (Case No. 1). This trial has become known as the Medical Case, because 20 of the 23 defendants were doctors, and the charges related principally to medical experimentation on human beings. The remainder of Volume II is devoted to the trial of former Field Marshal Erhard Milch, who was also charged with criminal responsibilities for medical experimentation on human beings (of which charge he was acquitted), and with responsibility for the deportation to forced labor of numerous civilians, in violation of the laws of war (of which charge he was convicted).

CONTENTS

Preface III Trials of War Criminals before Nuernberg Military Tribunals VII Declaration on German Atrocities VIII Executive Order 9547 IX London Agreement of 8 August 1945 IX Charter of The International Military Tribunal XI Control Council Law No. 10 XVI Executive Order 9679 XX General Orders Number 301, Hq. USFET, 24 October 1946 XX Military Government—Germany, United States Zone, Ordinance No. 7 XXI Military Government—Germany, Ordinance No. 11 XXVI Officials of the Office of the Secretary General XXVIII

“_The Medical Case_”

Introduction 3 Order Constituting Tribunal I 5 Members of the Tribunal 6 Prosecution Counsel 7 Defense Counsel 7 I. Indictment 8 II. Arraignment 18 III. Statement of the Tribunal on the Order of Trial and Rules of Procedure, 9 December 1946 24 IV. Opening Statement of the Prosecution by Brigadier General Telford Taylor, 9 December 1946 27 V. Introductory Statement on the Presentation of Evidence Made by the Prosecution, 10 December 1946 75 VI. Organization of the German Medical Services 81 VII. Extracts from Argumentation and Evidence of Prosecution and Defense 92 A. Medical Experiments 92 1. High-altitude Experiments 92 2. Freezing Experiments 198 3. Malaria Experiments 278 4. Lost (Mustard) Gas Experiments 314 5. Sulfanilamide Experiments 354 6. Bone, Muscle and Nerve Regeneration, and Bone Transplantation Experiments 391 7. Sea-water Experiments 418 8. Epidemic Jaundice Experiments 494 9. Typhus and Other Vaccine Experiments 508 10. Experiments with Poison 631 11. Incendiary Bomb Experiments 639 12. Phlegmon Experiments 653 13. Polygal Experiments 669 14. Gas Oedema (Phenol) Experiments 684 15. Experiments for Mass Sterilization 694 B. Jewish Skeleton Collection 738 C. Project to kill Tubercular Polish Nationals 759 D. Euthanasia 794 E. Selections from Photographic Evidence of the Prosecution 897 VIII. Evidence and Arguments on Important Aspects of the Case 909 A. Applicability of Control Council Law No. 10, to offenses against Germans During the War 909 B. Responsibility of Superiors for Acts of Subordinates 925 C. Responsibility of Subordinates for Acts Carried Out under Superior Orders 957 D. Status of Occupied Poland under International Law 974 E. Voluntary Participation of Experimental Subjects 980 (Sec. VIII continued in Vol. II)