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fact is that free subjects were not persuaded to make the sacrifice
for country or humanity, which is the elementary legal requirement
for experiments on human beings, but the imposition was made
solely upon those helpless human beings for whom the Reich had no
use or respect. The number that died by medical experimentations
was not comparable to those who died by other means, but hundreds
of concentration camp inmates, without their consent and in
violation of every tenet of law and professional ethics, were sub-
jected to torture and death by experiments, including their in-
fection with mortal disease, the breaking and transplanting of
bones, exposure to freezing, high altitudes, and other physical
tests.
Of course, none of this could happen where law existed or
was observed. Hence it was a necessary part of the program to
eliminate law, and law was eliminated. There was an outright sub-
stitution of Nazi ideology for law. Judges were frankly instructed
that in dealing with non-Germans they were not expected to apply
or observe the statutes, but were to be guided by Nazi ideology.
The judge was thus left loose and free from law to vent his will)
and in a discriminatory manner based only on considerations of who
the parties were, the antithesis of law, the courts reached
decisions and inflicted penalties and punishment, including death
for the most trifling offenses if the defendant was a Pole or Jew.
While no law was above the judges in these cases, there were
ministers and party leaders above them, and decisions were closely
watched even by Hitler or Himmler to make sure that the courts did
their part in the Nazi program. Their interference in court pro-
ceedings, particularly with dispositions and sentences, was common.
If a decision was not satisfactory to the party or government, it
was recalled and a dictated disposition made. Only puppets or
party stooges could serve as judges in such circumstances. The
administration of justice was thus corrupted and prostituted and
harnessed to the Nazi will.
What manner of men were these SS leaders, commanding generals,
judges, prosecuting attorneys, industrialists, and government
ministers, what their psychological reactions were at the time and
whether they enthusiastically or reluctantly bent themselves to
their alloted tasks is not clear. While all now pretend to a
distaste of their work, the hard fact remains obvious that with
most of them willingness must have entered into their performance.
No one man can make an entire nation goose-step to his will. Among
the leaders down the line, even among the minor ones where the
defendants now vie to place themselves, there had to be willing co-
operation. If it had not largely existed among these defendants,
Hitler and the small coterie at the top could never have come or
remained in power.
The almost universal attitude and explanation of the defendants
is that. they were caught in the web, were unable to extricate them-
selves, and under coercion of superior orders, without any alter. -
native but execution or suicide, were obliged to carry out their
assignments. A few of the defendants had the courage and character
by one means or another to remove themselves from those assignments.
Nothing too serious happened to them, proving that for persons in
the defendants' positions there was an escape for those who really
had the character and desire to put humanity and decency above
personal security at any price.
Some
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"ocrText": "-7-\nfact is that free subjects were not persuaded to make the sacrifice\nfor country or humanity, which is the elementary legal requirement\nfor experiments on human beings, but the imposition was made\nsolely upon those helpless human beings for whom the Reich had no\nuse or respect. The number that died by medical experimentations\nwas not comparable to those who died by other means, but hundreds\nof concentration camp inmates, without their consent and in\nviolation of every tenet of law and professional ethics, were sub-\njected to torture and death by experiments, including their in-\nfection with mortal disease, the breaking and transplanting of\nbones, exposure to freezing, high altitudes, and other physical\ntests.\nOf course, none of this could happen where law existed or\nwas observed. Hence it was a necessary part of the program to\neliminate law, and law was eliminated. There was an outright sub-\nstitution of Nazi ideology for law. Judges were frankly instructed\nthat in dealing with non-Germans they were not expected to apply\nor observe the statutes, but were to be guided by Nazi ideology.\nThe judge was thus left loose and free from law to vent his will)\nand in a discriminatory manner based only on considerations of who\nthe parties were, the antithesis of law, the courts reached\ndecisions and inflicted penalties and punishment, including death\nfor the most trifling offenses if the defendant was a Pole or Jew.\nWhile no law was above the judges in these cases, there were\nministers and party leaders above them, and decisions were closely\nwatched even by Hitler or Himmler to make sure that the courts did\ntheir part in the Nazi program. Their interference in court pro-\nceedings, particularly with dispositions and sentences, was common.\nIf a decision was not satisfactory to the party or government, it\nwas recalled and a dictated disposition made. Only puppets or\nparty stooges could serve as judges in such circumstances. The\nadministration of justice was thus corrupted and prostituted and\nharnessed to the Nazi will.\nWhat manner of men were these SS leaders, commanding generals,\njudges, prosecuting attorneys, industrialists, and government\nministers, what their psychological reactions were at the time and\nwhether they enthusiastically or reluctantly bent themselves to\ntheir alloted tasks is not clear. While all now pretend to a\ndistaste of their work, the hard fact remains obvious that with\nmost of them willingness must have entered into their performance.\nNo one man can make an entire nation goose-step to his will. Among\nthe leaders down the line, even among the minor ones where the\ndefendants now vie to place themselves, there had to be willing co-\noperation. If it had not largely existed among these defendants,\nHitler and the small coterie at the top could never have come or\nremained in power.\nThe almost universal attitude and explanation of the defendants\nis that. they were caught in the web, were unable to extricate them-\nselves, and under coercion of superior orders, without any alter. -\nnative but execution or suicide, were obliged to carry out their\nassignments. A few of the defendants had the courage and character\nby one means or another to remove themselves from those assignments.\nNothing too serious happened to them, proving that for persons in\nthe defendants' positions there was an escape for those who really\nhad the character and desire to put humanity and decency above\npersonal security at any price.\nSome"
}