CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(a) War crimes » Art. 8(2)(a)(ii)-3 Biological experiments » 5. The perpetrator subjected one or more persons to a particular biological experiment.

Element:

5. The perpetrator subjected one or more persons to a particular biological experiment.

P.1. Evidence of simulating certain conditions.

A. Legal source/authority and evidence:

Trial of Milch, Law Reports of Trials of War Criminals, Selected and prepared by the United Nations War Crimes Commission, Vol. VII, p. 33:

"The apparatus used for the low-pressure tests was simply a wood and metal cabinet in which air pressure could be increased and decreased, the purpose of the tests being to ascertain the subjects capacity to inhale amounts of pure oxygen, and to observe his reactions to the gradual decrease of oxygen."

P.2. Evidence of the conduct being performed in an organised and systematic way.

A. Legal source/authority and evidence:

Trial of Öbersturmbannführer Rudolf Franz Ferdinand Hoess, Case No. 38, Judgement (Supreme National Tribunal of Poland), 11-29 March 1947, reported in United Nations War Crimes Commission, Law Reports of Trials of War Criminals, Vol 8 (1948), p. 14:

"(a) castration; (b) sterilization; (c) experimentation causing premature termination of pregnancy []; (d) experiments on artificial insemination; (e) experiments aimed at cancer research; (f) other experiments."

[] "X-ray treatment was applied to male and female genital organs and in particular to ovaries and testes. Before or after the X-ray application both or only one of the ovaries and testes were removed. Different dosages, usually very large, of X-rays were applied. The results were checked by histopathological method. This aimed at establishing the fertility or sterility of the persons subjected to the experiments."

P.3. Evidence of regular and repetitive action.

A. Legal source/authority and evidence:

"Experiments were repeated from two to six times at intervals of from three to four weeks."

[] "The total number of sterilization experiments was estimated by witnesses at about 3000 and of the test fluid experiments at about 1000."

Trial of Milch, Law Reports of Trials of War Criminals, Selected and prepared by the United Nations War Crimes Commission, Vol. VII, p. 33:

"The process followed on the cold water experiments was to place the subject outdoors at night in a nude state, and then pour cold water over him hourly."

P.4. Evidence of a multitude of subjects.

A. Legal source/authority and evidence:

"Incisions were carried out on about 120-130 woman over 30 years of age, and on many young girls."

[] "The total number of sterilization experiments was estimated by witnesses at about 3000 and of the test fluid experiments at about 1000."

Trial of Milch, Law Reports of Trials of War Criminals, Selected and prepared by the United Nations War Crimes Commission, Vol. VII, p. 33:

"He stated that 280-300 prisoners were used in the tests, many of them undergoing as many as three experiments, and that out of the number indicated 80 to 90 died."

P.5. Evidence of observing the persons as if subjects of study.

A. Legal source/authority and evidence:

"German personnel performing experiments often observed from hiding the behaviours of castrated Jewish men and women, who were especially accommodated in common. Thus they wanted to ascertain changes which may have occurred within their libido."

Trial of Milch, Law Reports of Trials of War Criminals, Selected and prepared by the United Nations War Crimes Commission, Vol. VII, p. 33: