Nuremberg Code: Background
Nuremberg Code: Background
Nuremberg Code: Background
Background
On August 20, 1947,[1] the judges delivered their verdict in the "Doctors' Trial" against Karl Brandt
and 22 others.[1] These trials focused on doctors involved in the human experiments in concentration
camps.[2] The suspects were involved in over 3,500,000 sterilizations of German citizens.[2] The
trials began on December 9, 1946 in Nuremberg, Germany and were led exclusively by the United
States. Harry Truman approved these trials in January 1946.[3] Most of the suspects escaped
punishment for their crimes.[4] Several of the accused argued that their experiments differed little
from pre-war ones and that there was no law that differentiated between legal and illegal
experiments.
In May of the same year, Dr. Leo Alexander had submitted to the Counsel for War Crimes six points
defining legitimate medical research. The trial verdict adopted these points and added an extra four.
The ten points constituted the "Nuremberg Code". Although the legal force of the document was not
established and it was not incorporated directly into either the American or German law, the
Nuremberg Code and the related[5] Declaration of Helsinki are the basis for the Code of Federal
Regulations Title 45 Part 46,[6] which are the regulations issued by the United States Department of
Health and Human Services governing federally funded human subjects research in the United
States.
The Nuremberg code includes such principles as informed consent and absence of coercion;
properly formulated scientific experimentation; and beneficence towards experiment participants.
5. It should not be conducted when there is any reason to believe that it implies a risk of death
or disabling injury.
6. The risks of the experiment should be in proportion to (that is, not exceed) the expected
humanitarian benefits.
7. Preparations and facilities must be provided that adequately protect the subjects against the
experiments risks.
8. The staff who conduct or take part in the experiment must be fully trained and scientifically
qualified.
9. The human subjects must be free to immediately quit the experiment at any point when they
feel physically or mentally unable to go on.
10. Likewise, the medical staff must stop the experiment at any point when they observe that
continuation would be dangerous.