After World War II, Nuremberg, Germany, was the site of trials of Nazi officials charged with war crimes and crimes against humanity. The Nuremberg trials were landmarks in the development of international law. But one of them has also been applied in peacetime: the “Medical Trial,” which has helped to shape bioethics ever since.
Twenty Nazi physicians and three administrators were tried for committing lethal and torturous human experimentation, including freezing prisoners in ice water and subjecting them to simulated high-altitude experiments. Other Nazi experiments included infecting prisoners with malaria, typhus and poisons and subjecting them to mustard gas and sterilization. These criminal experiments were conducted mostly in the concentration camps and often ended in the death of the subjects.
Lead prosecutor Telford Taylor, an American lawyer and general in the U.S. Army, argued that such deadly experiments were more accurately classified as murder and torture than anything related to the practice of medicine. A review of the evidence, including physician expert witnesses and testimony from camp survivors, led the judges to agree. The verdicts were handed down on Aug. 20, 1947.
As part of their judgment, the American judges drafted what has become known as The Nuremberg Code, which set forth key requirements for ethical treatment and medical research. The code has been widely recognized for, among other things, being the first major articulation of the doctrine of informed consent. Yet its guidelines may not be enough to protect humans against new potentially “species-endangering” research today.
10 key values
The code consists of 10 principles that the judges ruled must be followed as both a matter of medical ethics and a matter of international human rights law.
The first and most famous sentence stands out: “The voluntary consent of the human subject is absolutely essential.”
In addition to voluntary and informed consent, the code also requires that subjects have a right to withdraw from an experiment at any time. The other provisions are designed to protect the health of the subjects, including that the research must be done only by a qualified investigator, follow sound science, be based on preliminary research on animals and ensure adequate health and safety protection of subjects.
The trial’s prosecutors, physicians and judges formulated the code by working together. As they did, they also set the early agenda for a new field: bioethics. The guidelines also describe a scientist-subject relationship that obligates researchers to do more than act in what they think is the best interests of subjects, but to respect the subject’s human rights and protect their welfare. These rules essentially replace the paternalistic model of the Hippocratic oath with a human rights approach.
After World War II, Nuremberg, Germany, was the site of trials of Nazi officials charged with war crimes and crimes against humanity. The Nuremberg trials were landmarks in the development of international law. But one of them has also been applied in peacetime: the “Medical Trial,” which has helped to shape bioethics ever since.
Twenty Nazi physicians and three administrators were tried for committing lethal and torturous human experimentation, including freezing prisoners in ice water and subjecting them to simulated high-altitude experiments. Other Nazi experiments included infecting prisoners with malaria, typhus and poisons and subjecting them to mustard gas and sterilization. These criminal experiments were conducted mostly in the concentration camps and often ended in the death of the subjects.
Lead prosecutor Telford Taylor, an American lawyer and general in the U.S. Army, argued that such deadly experiments were more accurately classified as murder and torture than anything related to the practice of medicine. A review of the evidence, including physician expert witnesses and testimony from camp survivors, led the judges to agree. The verdicts were handed down on Aug. 20, 1947.
As part of their judgment, the American judges drafted what has become known as The Nuremberg Code, which set forth key requirements for ethical treatment and medical research. The code has been widely recognized for, among other things, being the first major articulation of the doctrine of informed consent. Yet its guidelines may not be enough to protect humans against new potentially “species-endangering” research today.
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