Element:
In the Milch Trial, the US Military Tribunal II held that:
"In approaching a judicial solution of the questions involved in this phase of the case, it may be well to set down seriatim the controlling legal questions to be answered by an analysis of the proof. [...] (5) Were they conducted with prior knowledge on his part that they might be excessive or inhuman?"[1]
Judge Musanno held in a concurring opinion with respect to medical experiments that:
"4. That he had the power to prevent them."[2]
