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The Nuremberg CodeThe Nuremberg Code was introduced in August 1947, after the Nurembergtrials.In these trials, Nazi doctorswere conicted of the crimes committed during human experimentson concentration cam! !risoners. It attem!tedto gie clear rules about what was legal and what was not when conducting human e"!eriments.

The code consists of ten !oints. The first and most im!ortant is that an#one !artici!ating in an e"!eriment mustgieinformed consent.This means nobod# can be forced to !artici!ate in human e"!eriments. All !artici!ants

must understand the !otential ris$s.

The code also gies rules for running the e"!eriments. %or e"am!le, !artici!ants can leae the e"!eriment if the#want. &octors must sto! the e"!eriment if the# realise it can harm the !atient. Also, no e"!eriment can be madewhere the ris$s outweigh the benefits that can be had from it.

The Nuremberg Code is a set of research ethics!rinci!les for human e"!erimentationset as a result ofthe 'ubse(uent Nuremberg Trialsat the end of the 'econd )orld )ar.

BACKGROUND

*n August 19, 1947, the +udges deliered their erdict in the &octors- Trial againstarl /randtand seeralothers. The# also deliered their o!inion on medical e"!erimentation on human beings. 'eeral of the accusedhad argued that their e"!eriments differed little from !re0war ones and that there was no law that differentiatedbetween legal and illegal e"!eriments.

In A!ril of the same #ear, &r. eo Ale"anderhad submitted to the Counsel for )ar Crimes si" !oints defininglegitimatemedical research. The trial erdict ado!ted these !oints and added an e"tra four. The ten !ointsconstituted the Nuremberg Code. Although the legal force of the document was not established and it was notincor!orated directl# into either the American or 2erman law, the Nuremberg Code and the related &eclaration of3elsin$iare the basis for theCode of %ederal egulationsTitle 45 6olume 4 which are the regulations issued b#the 8nited 'tates &e!artment of 3ealth and 3uman 'ericesgoerning federall#0funded human sub+ectsresearch in the8nited 'tates. In addition, the Nuremberg code has also been incor!orated into the law ofindiidual states such asCaliforniaand other countriesNuremberg code includes such !rinci!les as informed consentand absence ofcoercion !ro!erl#formulated scientifice"!erimentation and beneficencetowards e"!eriment !artici!ants.

THE NUREMBERG CODE

%rom Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10 !ol. "pp. 1#1$1#".)ashington, &.C.: 8.'. 2oernment ;rinting *ffice, 1949.

The great weight of the eidence before us is to the effect that certain t#!es of medical e"!eriments on human

beings, when $e!t within reasonabl# well0defined bounds, conform to the ethics of the medical !rofessiongenerall#. The !rotagonists of the !ractice of human e"!erimentation +ustif# their iews on the basis that suche"!eriments #ield results for the good of societ# that are un!rocurable b# other methods or means of stud#. Allagree, howeer, that certain basic !rinci!les must be obsered in order to satisf# moral, ethical and legalconce!ts.

1. The oluntar# consent of the human sub+ect is absolutel# essential.This means that the !erson inoled should hae legal ca!acit# to gie consent should be so situated asto be able to e"ercise free !ower of choice, without the interention of an# element of force, fraud, deceit,duress, oerreaching, or other ulterior form of constraint and should hae sufficient $nowledge andcom!rehension of the elements of the sub+ect matter inoled as to be enable him to ma$e an

http://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=3424430C0FD548AC9675D8F1FF5A0F97&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=3424430C0FD548AC9675D8F1FF5A0F97&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=3424430C0FD548AC9675D8F1FF5A0F97&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=3424430C0FD548AC9675D8F1FF5A0F97&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=B23B277840904899BDEC0C2D3A60C10C&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=4F9F60EC74834A9C8848076CBB0F51AD&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=4F9F60EC74834A9C8848076CBB0F51AD&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=4F9F60EC74834A9C8848076CBB0F51AD&_z=zhttp://en.wikipedia.org/wiki/Research_ethicshttp://en.wikipedia.org/wiki/Research_ethicshttp://en.wikipedia.org/wiki/Human_experimentationhttp://en.wikipedia.org/wiki/Subsequent_Nuremberg_Trialshttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Doctors'_Trialhttp://en.wikipedia.org/wiki/Karl_Brandt_(physician)http://en.wikipedia.org/wiki/Karl_Brandt_(physician)http://en.wikipedia.org/wiki/Leo_Alexanderhttp://en.wikipedia.org/wiki/Medical_researchhttp://en.wikipedia.org/wiki/Medical_researchhttp://en.wikipedia.org/wiki/Declaration_of_Helsinkihttp://en.wikipedia.org/wiki/Declaration_of_Helsinkihttp://en.wikipedia.org/wiki/Declaration_of_Helsinkihttp://en.wikipedia.org/wiki/Code_of_Federal_Regulationshttp://en.wikipedia.org/wiki/Code_of_Federal_Regulationshttp://en.wikipedia.org/wiki/Code_of_Federal_Regulationshttp://en.wikipedia.org/wiki/United_States_Department_of_Health_and_Human_Serviceshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Californiahttp://en.wikipedia.org/wiki/Californiahttp://en.wikipedia.org/wiki/Californiahttp://en.wikipedia.org/wiki/Informed_consenthttp://en.wikipedia.org/wiki/Informed_consenthttp://en.wikipedia.org/wiki/Coercionhttp://en.wikipedia.org/wiki/Coercionhttp://en.wikipedia.org/wiki/Scientifichttp://en.wikipedia.org/wiki/Beneficence_(ethics)http://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=3424430C0FD548AC9675D8F1FF5A0F97&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=B23B277840904899BDEC0C2D3A60C10C&_z=zhttp://www.sciencemuseum.org.uk/broughttolife/techniques/~/link.aspx?_id=4F9F60EC74834A9C8848076CBB0F51AD&_z=zhttp://en.wikipedia.org/wiki/Research_ethicshttp://en.wikipedia.org/wiki/Human_experimentationhttp://en.wikipedia.org/wiki/Subsequent_Nuremberg_Trialshttp://en.wikipedia.org/wiki/World_War_IIhttp://en.wikipedia.org/wiki/Doctors'_Trialhttp://en.wikipedia.org/wiki/Karl_Brandt_(physician)http://en.wikipedia.org/wiki/Leo_Alexanderhttp://en.wikipedia.org/wiki/Medical_researchhttp://en.wikipedia.org/wiki/Declaration_of_Helsinkihttp://en.wikipedia.org/wiki/Declaration_of_Helsinkihttp://en.wikipedia.org/wiki/Code_of_Federal_Regulationshttp://en.wikipedia.org/wiki/United_States_Department_of_Health_and_Human_Serviceshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Californiahttp://en.wikipedia.org/wiki/Informed_consenthttp://en.wikipedia.org/wiki/Coercionhttp://en.wikipedia.org/wiki/Scientifichttp://en.wikipedia.org/wiki/Beneficence_(ethics)

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understanding and enlightened decision. This latter element re(uires that before the acce!tance of anaffirmatie decision b# the e"!erimental sub+ect there should be made $nown to him the nature, duration,and !ur!ose of the e"!eriment the method and means b# which it is to be conducted all inconeniencesand hazards reasonabl# to be e"!ected and the effects u!on his health or !erson which ma# !ossibl#come from his !artici!ation in the e"!eriment.The dut# and res!onsibilit# for ascertaining the (ualit# of the consent rests u!on each indiidual whoinitiates, directs, or engages in the e"!eriment.

. The e"!eriment should be conducted onl# b# scientificall# (ualified !ersons. The highest degree of s$illand care should be re(uired through all stages of the e"!eriment of those who conduct or engage in thee"!eriment.

9. &uring the course of the e"!eriment the human sub+ect should be at libert# to bring the e"!eriment to anend if he has reached the !h#sical or mental state where continuation of the e"!eriment seems to him tobe im!ossible.

1?. &uring the course of the e"!eriment the scientist in charge must be !re!ared to terminate the e"!erimentat an# stage, if he has !robable cause to beliee in the e"ercise of the good faith, su!erior s$ill andcareful +udgement re(uired of him that a continuation of the e"!eriment is li$el# to result in in+ur#,

disabilit#, or death to the e"!erimental sub+ect.

HISTORY

The Nuremberg Code is the !roduct, or might we sa# residue, of the !ost0)orld )ar II trials that were held to!roide some degree of accountabilit# for the crimes against humanit# committed during the war. *f course, thisintroduction is unnecessar# as the historical significance of the eents that !reci!itated the Nuremberg trials is notlost to an# of us.

*ne outcome of the Nuremberg !rocess that is not commonl# $nown was the creation of the NurembergCode. )e onl# became aware of !articular s!ecifics of the Code recentl# during the u!roar oer the uninformed

e"!osure of humans during arious nuclear radiation e"!eriments. *thers might hae a longer0term $nowledgeof the finer details of the Code.

et us consider the enironment in which the Code was created. At that time and !lace there was as!ecific set of circumstances and acts under scrutin#. Those acts were !rimaril# !erformed b# !h#sicians. @enso, the resulting Code does not s!ecificall# address the res!onsibilities of !h#sicians. Instead, the Code is moregeneral and refers to human e"!eriments, human sub+ects and scientific e"!erimenters in the most general ofterms.

At that time there was no awareness or concern of hazards from electromagnetic energ# e"!osure. Toour $nowledge no electromagnetic radiation e"!eriments were conducted in the cam!s. And een had the# been

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it would be of no conse(uence as the Nuremberg Code is silent with res!ect to an# !articular t#!e of e"!eriment,!rocedure, e"!osure, or treatment. The Code, b# its generalit#, broadl# encom!asses all human testing. TheCode is s!ecific onl# in terms of what must be done to inform human test sub+ects and to guard against the!ossibilit# of harm.

The !reamble to the Code, while mentioning medical e"!eriments, !roides no indication that the Codeshould be a!!licable onl# to medical e"!eriments !erformed b# !h#sicians. The !reamble to the Code is, in fact,

little more than a general reiew of the incidents that !rom!ted the trials in the first !lace.

Certainl#, after haing considered the unethical and, in some instances, barbaric actions of theNuremberg &efendants we cannot infer that the framers of the Code would limit the a!!licabilit# of these basictenets of fundamental human rights onl# to human test sub+ects about to undergo e"!erimental testing at thehands of !h#sicians.

As a matter of fact, the tenets of the Code are silent with res!ect to medical testing the Code is entirel#general in the sense that it refers to human sub+ects, human testing, and human e"!eriments. In one instance theCode at B1? refers to the scientist in charge. That-s certainl# not indicatie of a restrictie medicale"!eriments onl# iew.

At the time that the Nuremberg Code was drafted the creators could not hae antici!ated human testsub+ects being sub+ected to radiofre(uenc# % radiation or % energ# being !um!ed into the human sub+ects-heads and brains. At that time there were neither cell !hone towers nor !ortable cell !hones there were no!ersonal com!uters and no % energ# radiating )ANs in classrooms. The framers could not hae conceiedof the biological and damaging effects of radiofre(uenc# radiation e"!osure that we hae learned of since thattime. )e must conclude from its er# general !hraseolog# that the Code should a!!l# to all human testing of an#!rotocol that establishes an interaction with the human organism and ma# result in a !h#siological res!onse.

Dust as the 8nited 'tates Constitution has been found to include and embrace man# of the circumstancesand conditions of !resent societ# unantici!ated b# the crafters of that document, so too must the Nuremberg

Code be iewed as a liing document intended to embrace the conditions of a changing world. The changingconditions at issue toda# include the ca!abilit# of cor!orations to e"!ose humans to thera!eutic doses of %radiation and % energ# that induces a !h#siological res!onse in those who are e"!osed. 8nder an# conce!t ofe"!erimentation such an e"!osure constitutes human testing. In iew of the reelations of the cellular tele!honeindustr#, this testing is, in realit#, e"!erimental human testing.