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have to carry out an experiment without being able to judge
the validity of the reasons which prompted a central agency.
If a physician had not carried out
that experiment, he would have got into a position where he could be called to
account if he had not carried our that experiment. In this case, and there we
have to consider the authoritarian nature of our state, the personal feeling
and the feeling of a special professional, ethical obligation has to
subordinate itself to the totalitarian nature of the war.
I must say once more, these are
theoretical assumptions which I am expressing here. At the same time I could
express how difficult such decisions are if I refer to an example which
recently was quoted here, and I mean the eight hundred inmates in a prison in
America who were infected with malaria. I don't want to refer to this example
in order to justify the experiments which are under indictment here, but I want
to express that the question of the importance of an experiment is, and
remains, basically of decisive importance. Even there a certain number of
fatalities had to be expected from the start when infecting eight hundred
people with malaria.
The voluntary attitude which an
inmate adopts and with which an inmate makes himself available is a relatively
voluntary agreement. I don't think it would be the same if one were to receive
a voluntary agreement from people who are present here. One has to consider the
nature of the voluntary agreement. In my opinion, this round figure of eight
hundred speaks against the voluntary agreement of all. I would assume that if
it was seven hundred and thirty-five or seven hundred and forty, it would be
different, but the round figure of eight hundred seems to indicate that there
was a certain order for the experiment before the beginning of the experiment,
and these experiments, too, were directed from the point of view of a superior
state interest, and this superior state interest, at the same time, takes over
the responsibility for the result of the experiment with reference to the
experimental subject. For responsibility in a medical sense cannot be assumed
at all since even a negative series of experiments speaks against the urgency
and necessity of these experiments; and particularly when answering the
question about voluntary or involuntary, dangerous or nondangerous natures, it
is very difficult and almost impossible to say basically with reference to
experiments that experiments on human beings, taking all these things into
consideration, are a crime or are not a crime. The question can only be judged
when over and above the expected result experiments are still continued. If a
result has been established and further experiments on human beings are then
carried out, they are not important, and the experiment which is not important
is only a dilettante experiment. In that case I would from the start assume the
word "criminal," but when dealing with important experiments, it is
necessary to take into consideration all
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