6.c.ii [Mental Element for Element 4] [Circumstance of absence of genuine consent:] The perpetrator was aware that the conduct was not carried out with the genuine consent of the person or persons concerned.

P.12. Evidence inferred from an utterance, a document, or a deed.

P.12.1. Evidence that the perpetrator intended that victims be sterilized without their knowledge.

P.13. Evidence inferred from a circumstance.

6.c.ii [Mental Element for Element 4] [Circumstance of absence of genuine consent:] The perpetrator was aware that the conduct was not carried out with the genuine consent of the person or persons concerned.

P.12. Evidence inferred from an utterance, a document, or a deed.

P.12.1. Evidence that the perpetrator intended that victims be sterilized without their knowledge.

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),:

"GEBHARDT:

[…]

STERILIZATION EXPERIMENTS

[…]

On 7 and 8 July 1942 a conference took place between Himmler, Gebhardt, SS Brigadefuehrer Gluecks, and SS Brigadefuehrer Clauberg, to discuss the sterilization of Jewesses. Dr. Clauberg was promised that the Auschwitz concentration camp would be placed at his disposal for experiments on human beings and animals, and he was requested to discover by means of fundamental experiments a method of sterilizing persons without their knowledge."

B. [Evidentiary comment:]

P.13. Evidence inferred from a circumstance.