Table of contents:
Element:
5.b.i. [Mental element for Element 3] [Consequence of depriving one or more persons of biological reproductive capacity:] The perpetrator meant to cause the consequence of deprivation of one or more persons of biological reproductive capacity; OR
P.8. Evidence inferred from an utterance, a document, or a deed.
P.8.1. Evidence that the perpetrator participated in organising an enforced sterilization program.
A. Legal source/authority and evidence:
United States of America v. Karl Brandt et al., Case No. 5, Judgement (Military Tribunal No. I), 20 August 1947, reproduced in Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10, Proceedings, Vol. 2 (1949-53), p. 279:
Bracks part in the organisation of the sterilization program with full knowledge that it would be put into execution is conclusively shown by the record.
B. [Evidentiary comment:]
A. Legal source/authority and evidence:
United States of America v. Karl Brandt et al., Case No. 5, Judgement (Military Tribunal No. I), 20 August 1947, reproduced in Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10, Proceedings, Vol. 2 (1949-53), p. 223-226::
RUDOLF BRANDT
Under counts two and three of the indictment the defendant Rudolf Brandt is charged with special responsibility for, and participation in, [ ]Sterilization [ ] Experiments.
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In reference to the X-ray and surgery methods of sterilization, however, Rudolf Brandt is shown by the evidence to have taken a moving part in the preparation of plans, and in their execution, sufficient to justify the Tribunal in finding his criminal connection therewith.
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It goes without saying that the work done in conformity with the plans of Himmler, substantially aided by the co-operation of Rudolf Brandt, brought maiming and suffering to great numbers of people.
GEBHARDT:
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STERILIZATION EXPERIMENTS
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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:]
