9.c [Mental element for Element 5] [Circumstance of lack of justification:] The perpetrator was aware that the medical or scientific experiment was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such person’s or persons’ interests.

P.42. Evidence inferred from an utterance, a document or a deed.

P.42.1. Evidence of admitting no value in experiments.

P.43. Evidence inferred from a circumstance.

P.43.1. Evidence inferred from the experiments simulating fictional situations.

P.43.2. Evidence inferred from an extremely high mortality rate.

P.43.3. Evidence inferred from knowledge of outcome of previous experiments.

9.c [Mental element for Element 5] [Circumstance of lack of justification:] The perpetrator was aware that the medical or scientific experiment was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such person’s or persons’ interests.

P.42. Evidence inferred from an utterance, a document or a deed.

P.42.1. Evidence of admitting no value in experiments.

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. 15:

“According to one of the witnesses Professor Clauberg admitted that his experiments were of no scientific value. Identical results were previously obtained on animals and were and were well known in the medical profession.”

[B. Evidentiary comment:]

P.43. Evidence inferred from a circumstance.

P.43.1. Evidence inferred from the experiments simulating fictional situations.

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. 36:

“Under the specific guidance of Dr. Rascher, the air pressure was reduced to a point which no flier would ever be required to undergo (14,000 meters).”

[B. Evidentiary comment:]

P.43.2. Evidence inferred from an extremely high mortality rate.

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:

“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.”

[B. Evidentiary comment:]

P.43.3. Evidence inferred from knowledge of outcome of previous experiments.

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. 15:

“According to one of the witnesses Professor Clauberg admitted that his experiments were of no scientific value. Identical results were previously obtained on animals and were and were well known in the medical profession.”

[B. Evidentiary comment:]