Thread: The Nuremberg Code (1947) Military Tribunals

The Nuremberg Code (1947)

Permissible Medical Experiments

The great weight of the evidence before us to effect that certain types of medical experiments on human beings, when kept within reasonably well-defined bounds, conform to the ethics of the medical profession generally. The protagonists of the practice of human experimentation justify their views on the basis that such experiments yield results for the good of society that are unprocurable by other methods or means of study. All agree, however, that certain basic principles must be observed in order to satisfy moral, ethical and legal concepts:

1. The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.
   
   The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs, or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.
2. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature.
3. The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results justify the performance of the experiment.
4. The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
5. No experiment should be conducted where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.
6. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
7. Proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability or death.
8. The experiment should be conducted only by scientifically qualified persons. The highest degree of skill and care should be required through all stages of the experiment of those who conduct or engage in the experiment.
9. During the course of the experiment the human subject should be at liberty to bring the experiment to an end if he has reached the physical or mental state where continuation of the experiment seems to him to be impossible.
10. During the course of the experiment the scientist in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him, that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.

For more information see Nuremberg Doctor's Trial, BMJ 1996;313(7070):1445-75.

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Nuremberg Code

The Nuremberg Code is a set of research ethics principles for human experimentation created by the USA v Brandt court as one result of the Nuremberg trials at the end of the Second World War. In a review written on the 50th anniversary of the Brandt verdict, Katz writes that "a careful reading of the judgment suggests that wrote the Code for the practice of human experimentation whenever it is being conducted."

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Nuremberg trials

The Nuremberg trials were a series of military tribunals held after World War II by the Allied forces under international law and the laws of war. The trials were most notable for the prosecution of p…

Nuremberg Trials - Library of Congress

https://www.loc.gov/rr/frd/Military_Law/Nuremberg_trials.html
T wenty-four major political and military leaders of Nazi Germany, indicted for aggressive war, war crimes, and crimes against humanity, were brought to trial before the International Military Tribunal. More than 100 additional defendants, representing many sectors of German society, were tried before the United States Nuremberg Military Tribunals in a series of 12 trials known as “Subsequent Nuremberg …

The Nuremberg Code 1947
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1. Nuremberg trials - Wikipedia
   
   https://en.wikipedia.org/wiki/Nuremberg_trials
   
   
   
   
   
   
   • Overview
     
   • Origin
     
   • Creation of the courts
     
   • The trial
     
   • Overview of the trial
     
   • Executions
     
   • Nuremberg principles
     
   • Subsidiary and related trials
   
   
   
   
   
   
   
   
   The Nuremberg trials (German: Nürnberger Prozesse) were a series of military tribunals held after World War II by the Allied forces under international law and the laws of war. The trials were most notable for the prosecution of prominent members of the political, military, judicial, and economic leadership of Nazi Germany, who planned, carried out, or otherwise participated in the Holocaust and other war crimes. The trials were held in Nuremberg, Germany, and their decisions marked a turning point between classical an…
   
   
   
   
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Crimes Against Humanity

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