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therefore, in all essentials confined itself to the question of to
what extent crimes were committed on non-Germans. No conclusive evidence has
been brought against defendant Helmut Poppendick in each single case to prove
his knowledge of experiments carried out on non-Germans. In reality,
nothing is more suitable to explain under whatever point of view we have to
look at defendant Poppendick's knowledge of experiments, than his words at the
end of the trial: "As to medical experiments on prisoners, human experiments
were nothing striking and nothing new to me. I knew that experiments were being
conducted in hospitals. I knew that the triumphs of modern medicine had not
been achieved without sacrifices. I admit I cannot remember that in experiments
in hospitals, the voluntary participation of the experimental subjects had to
be such an indispensable and obvious prerequisite, as it appears to be
according to the argumentation heard in this trial. Furthermore, I know that
some scientific questions can only be solved by serial experiments in an
unchanging environment, and that, therefore, in all countries, experiments are
often conducted, particularly on soldiers in camps. Under these circumstances I
was not at all surprised that during the war serial examinations and
experiments were also carried out by scientists in concentration camps. I had
not the slightest reason to assume that these scientists in the camps went
beyond what was usual everywhere else in the world of science. As far as I was
concerned, what I knew about medical experiments in the SS had just as little
to do with criminal acts as the experiments about which I knew from my
internship before 1933.
" IV. Consequences for future
jurisdiction arising from the penalties imposed bay the sentence on Poppendick
The sentence imposed on Helmut
Poppendick for his membership in the SS is altogether the first sentence in the
American Zone against an SS member of this kind. Therefore, it has to be
regarded as a precedent for all military tribunals and possibly, later on, for
German courts, whose task it will be to punish members of criminal
organizations. To sum up its consequences, the sentence creates a precedent,
that
1. Every SS leader with a rank higher than Poppendick's, who
knew of SS crimes committed on Germans and non-Germans, can, on principle, only
be sentenced to the maximum penalty.
2. Every member of the SS involved
in crimes can be sentenced up to this maximum penalty again only on account of
his SS Membership. What penalty can, for example, be inflicted on an SS
Obergruppenfuehrer who saw how the gas chambers were run at Auschwitz, without,
however, being otherwise involved in
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