Nuremberg Code - From Wikipedia

07/09/14
For the set of guidelines for determining what constitutes a war crime, see
Nuremberg Principles. For the denaturalization of German Jews, see Nuremberg
Laws. The Nuremberg Code is a set of research ethics principles for human
eperimentation set as a result of the !ubse"uent Nuremberg Trials at the end of
the !econd #orld #ar.
Background
$n %ugust &', ()*+,,(- the .udges deli/ered their /erdict in the 01octors2 Trial0
against 3arl 4randt and && others.,(- These trials focused on doctors in/ol/ed in
the human eperiments in concentration camps.,&- The suspects were involved in
over 3,500,000 sterilizations of German citizens.,&-
The trials began on 1ecember ), ()*5 in Nuremberg, German6 and were led
eclusi/el6 b6 the 7nited !tates. 8arr6 Truman appro/ed these trials in Januar6
()*5.,9- :ost of the suspects escaped punishment for their crimes and se/eral
hundred medical scientists were repatriated into the 7nited !tates under
$peration Paperclip ;thousands of Nazi engineers were also imported under
$peration Paperclip<.,*- !e/eral of the accused argued that their eperiments
di=ered little from pre>war ones and that there was no law that di=erentiated
between legal and illegal eperiments. Following the 1octor2s Trial, the guilt6 were
e/entuall6 punished for their actions during the 8olocaust.,*-
?n :a6 of the same 6ear, 1r. Leo %leander had submitted to the Counsel for #ar
Crimes si points de@ning legitimate medical research. The trial /erdict adopted
these points and added an etra four. The ten points constituted the 0Nuremberg
Code.0
%lthough the legal force of the document was not established and it was not
incorporated directl6 into either the %merican or German law, the Nuremberg
Code and the related,A- 1eclaration of 8elsinBi are the basis for the Code of
Federal Regulations Title 45 Volume 46,[6] which are the regulations
issued by the nited !tates "e#artment of $ealth and $uman !er%ices
go%erning federally funded human sub&ects research in the nited
!tates. ?n addition, the Nuremberg code has also been incorporated into the law
of indi/idual states such as California and other countries.
The Nuremberg code includes such principles as informed consent and absence of
coercionC properl6 formulated scienti@c eperimentationC and bene@cence towards
eperiment participants.
The Ten Poin! o" he Nuremberg Code
The (' points are, ;all from 7nited !tates National ?nstitutes of 8ealth<.,+-
(< The /oluntar6 consent of the human sub.ect is absolutel6 essential. This
means that the person in/ol/ed should ha/e legal capacit6 to gi/e consentC
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Nuremberg Code - From Wikipedia
07/09/14
should be so situated as to be able to eercise free power of choice, without
the inter/ention of an6 element of force, fraud, deceit, duress, o/er>reaching,
or other ulterior form of constraint or coercionC and should ha/e suGcient
Bnowledge and comprehension of the elements of the sub.ect matter
in/ol/ed as to enable himDher to maBe an understanding and enlightened
decision. This latter element re"uires that before the acceptance of an
aGrmati/e decision b6 the eperimental sub.ect there should be made Bnown
to him the nature, duration, and purpose of the eperimentC the method and
means b6 which it is to be conductedC all incon/eniences and hazards
reasonable to be epectedC and the e=ects upon his health or person which
ma6 possibl6 come from his participation in the eperiment. The dut6 and
responsibilit6 for ascertaining the "ualit6 of the consent rests upon each
indi/idual who initiates, directs or engages in the eperiment. ?t is a personal
dut6 and responsibilit6 which ma6 not be delegated to another with impunit6.

&< The eperiment should be such as to 6ield fruitful results for the good of
societ6, unprocurable b6 other methods or means of stud6, and not random
and unnecessar6 in nature.
9< The eperiment should be so designed and based on the results of animal
eperimentation and a Bnowledge of the natural histor6 of the disease or
other problem under stud6 that the anticipated results will .ustif6 the
performance of the eperiment.
*< The eperiment should be so conducted as to a/oid all unnecessar6 ph6sical
and mental su=ering and in.ur6.
A< No eperiment should be conducted where there is a prior reason to belie/e
that death or disabling in.ur6 will occurC ecept, perhaps, in those
eperiments where the eperimental ph6sicians also ser/e as sub.ects.
5< The degree of risB to be taBen should ne/er eceed that determined b6 the
humanitarian importance of the problem to be sol/ed b6 the eperiment.
+< Proper preparations should be made and ade"uate facilities pro/ided to
protect the eperimental sub.ect against e/en remote possibilities of in.ur6,
disabilit6, or death.
F< The eperiment should be conducted onl6 b6 scienti@call6 "uali@ed persons.
The highest degree of sBill and care should be re"uired through all stages of
the eperiment of those who conduct or engage in the eperiment.
)< 1uring the course of the eperiment the human sub.ect should be at libert6
to bring the eperiment to an end if he has reached the ph6sical or mental
state where continuation of the eperiment seems to him to be impossible.
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Nuremberg Code - From Wikipedia
07/09/14
('< 1uring the course of the eperiment the scientist in charge must be
prepared to terminate the eperiment at an6 stage, if he has probable cause
to belie/e, in the eercise of the good faith, superior sBill and careful
.udgment re"uired of him that a continuation of the eperiment is liBel6 to
result in in.ur6, disabilit6, or death to the eperimental sub.ect.
#eprined "rom Tria$! o" War Crimina$! be"ore he Nuremberg %i$iar&
Tribuna$! under Conro$ Counci$ 'a( No. 10) *o$. +) pp. 1,1-1,+.
Wa!hingon) ..C./ 0.1. 2o3ernmen Prining 45ce) 1949.
Note that complete electronic copies of the Trials of War Criminals Before the
Nuernber !Nurember" #ilitar$ Tribunals %nder Control Council &aw No' (0!)"
are available online, as are most of the other proceedins from the Nurember
Trials'!*"
1ee a$!o/
Ci/il rights
1eclaration of Gene/a
1eclaration of 8elsinBi
Good clinical practice ;GCP<
Green report
8ippocratic $ath
8uman eperimentation in the 7nited
!tates
8uman rights
8uman sub.ect research
:edical ethics
:edical torture
Nuremberg Principles
7ni/ersal 1eclaration of 8uman
Hights
#orld :edical %ssociation ;#:%<
Heferences
%nnas, George J., and :ichael %. Grodin. The Nazi 1octors and the
Nuremberg Code. New IorB, NIJ $ford 7ni/ersit6 Press ?nc., ())&. Print.
0KugenicsDKuthanasia0. %4C>CL?$. Hetrie/ed &'(9>')>(5.
httpJDDwww.stanford.eduDgroupDps6lawseminarDTheL&'Nuremburg
L&'Code.htm
%nnas, George J. 0The He/iew ofJ The Nazis 1octors and the Nuremberg
CodeJ 8uman Hights in 8uman Kperimentation0. Johns 8opBins 7ni/ersit6
Press. Hetrie/ed &'(9>')>(F.
8urren, Klizabeth ;:a6 &''&<. 0Patients2 rightsJ from %lder 8e6 to the
Nuremberg Code0. 8istor6 M Polic6 ;in Knglish<. 7nited 3ingdomJ 8istor6 M
Polic6. Hetrie/ed ) 1ecember &'('.
0Public #elfare0. %ccess.gpo.go/. &'''>('>'(. Hetrie/ed &'(9>'F>9(.
0Nuremberg Code0 ;P1F<. 7.!. National ?nstitutes of 8ealth. Hetrie/ed June
&', &'(&.
0Trials of #ar Criminals 4efore the Nuernberg ,Nuremberg- :ilitar6 Tribunals
7nder Control Council Law No. ('0. Loc.go/. Hetrie/ed 9' :arch &'('.
0Nuremberg Trials0. Loc.go/. Hetrie/ed 9' :arch &'('.
9
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Nuremberg Code - From Wikipedia
07/09/14
Furher reading
#eindling, PaulJ Nazi :edicine and the Nuremberg Trials ;Palgra/e,
4asingstoBe &''*<
!chmidt, 7lfJ Justice at Nuremberg. Leo %leander and the Nazi 1octors2 Trial
;Palgra/e, 4asingstoBe &''*<
!chmidt, 7lfJ 3arl 4randt. The Nazi 1octor. :edicine and Power in the Third
Heich ;Continuum, London, &''+<
#eindling, Paul ;&''(<. 0The $rigins of ?nformed ConsentJ The ?nternational
!cienti@c Commission on :edical #ar Crimes, and the Nuremberg Code0.
4ulletin of the 8istor6 of :edicine +A ;(<J 9+N+(.
doiJ('.(9A9Dbhm.&''(.''*). P:?1 ((*&'*A(. %rchi/ed from the original on
&'')>('>&5.
:arrus, :ichael H. ;()))<. 0The Nuremberg 1octors2 Trial in 8istorical
Contet0. 4ulletin of the 8istor6 of :edicine +9 ;(<J ('5N(&9.
doiJ('.(9A9Dbhm.())).''9+. P:?1 ('(F)+&). %rchi/ed from the original on
&''+>(&>'(.
4H?T?!8 :K1?C%L J$7HN%L No +'+' Oolume 9(9J Page (**F,+ 1ecember
())5.
The Nuremberg Code ;()*+< ?nJ :itscherlich %, :ielBe F. 1octors of infam6J
the stor6 of the Nazi medical crimes. New IorBJ !chuman, ()*)J iii>/.
Carl Klliot2s article :aBing % 3illing in :other Jones magazine !eptember
&'(' asBs if the Nuremberg Code is a /alid legal precedent in :innesota
*
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