Criminal defense of following the orders of a superior
Superior orders
, also known as the
Nuremberg defense
or
just following orders
, is a
plea
in a court of law that a person, whether a member of the
military
,
law enforcement
, or the
civilian
population, should not be considered guilty of committing crimes that were ordered by a
superior officer
or
official
.
[1]
[2]
The superior orders plea is often regarded as the complement to
command responsibility
.
[3]
One of the most noted uses of this plea, or
defense
, was by the accused in the 1945?1946
Nuremberg trials
, such that it is also called the "Nuremberg defense". The Nuremberg trials were a series of
military tribunals
, held by the main victorious
Allies
after
World War II
, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated
Nazi Germany
. These trials, under the
London Charter of the International Military Tribunal
that established them, determined that the defense of superior orders was no longer enough to escape punishment, but merely enough to lessen punishment.
[4]
Apart from the specific plea of superior orders, discussions about how the general concept of superior orders ought to be used, or ought not to be used, have taken place in various arguments, rulings and statutes that have not necessarily been part of "after the fact"
war crimes trials
, strictly speaking. Nevertheless, these discussions and related events help to explain the evolution of the specific plea of superior orders and the history of its usage.
Historically, the plea of superior orders has been used both before and after the Nuremberg Trials, with
inconsistent rulings
, up to the final ruling of
International Criminal Court
in the
Prosecutor v
Ntaganda
case.
[5]
History
[
edit
]
Before 1500
[
edit
]
In 1474, in the trial of
Peter von Hagenbach
by an ad hoc tribunal of the
Holy Roman Empire
, the first known "international" recognition of commanders' obligations to act lawfully occurred.
[6]
[7]
Hagenbach offered the defense that he was just following orders, but this defense was rejected and he was convicted of
war crimes
and beheaded.
[8]
Specifically, Hagenbach was put on trial for atrocities committed under his command but not by him directly, during the occupation of
Breisach
. This was the earliest modern European example of the doctrine of
command responsibility
.
[8]
[9]
Since he was convicted for crimes "he as a knight was deemed to have a duty to prevent", Hagenbach defended himself by arguing that he was only following orders
[6]
[10]
from the
Duke of Burgundy
,
Charles the Bold
, to whom the Holy Roman Empire had given Breisach.
[11]
1900–1947
[
edit
]
Court-martial of Breaker Morant
[
edit
]
During the
Second Boer War
, three Australian officers (
Breaker Morant
,
Peter Handcock
and
George Witton
) were charged and tried for a number of murders, including those of prisoners who had surrendered. A significant part of the defense was that they were acting under orders issued by
Lord Kitchener
to "take no prisoners". However, these orders were verbal, were denied by Kitchener and his staff, and could not be validated in court, resulting in a guilty verdict against all three men.
German military trials after World War I
[
edit
]
On June 4, 1921, the legal doctrine of superior orders was used during the
German Military Trials
that took place after
World War I
: one of the most famous of these trials was the matter of Lieutenant Karl Neumann, who was a
U-boat
captain responsible for the sinking of the hospital ship the
Dover Castle
.
[12]
Even though he frankly admitted to having sunk the ship, he stated that he had done so on the basis of orders supplied to him by the
German Admiralty
and so he could not be held liable for his actions. The
Reichsgericht
, then Germany's supreme court, acquitted him, accepting the defense of superior orders as a grounds to escape criminal liability.
[13]
Further, the court stated "that all civilized nations recognize the principle that a subordinate is covered by the orders of his superiors".
[14]
Many accused of war crimes were acquitted on a similar defense, creating immense dissatisfaction among the
Allies
. This is thought to be one of the main causes for the specific removal of this defense in the August 8, 1945,
London Charter of the International Military Tribunal
. The removal has been attributed to the actions of
Robert H. Jackson
, a Justice of the
United States Supreme Court
, who was appointed Chief Prosecutor at the
Nuremberg trials
.
On the other hand, when the defendants could not reasonably claim that they did not know their orders were clearly illegal, the defense was ineffective. For instance, Lieutenants Dithmar and Boldt were ordered to fire on lifeboats, obeyed the order, and were found guilty in the same
German Military Trials
. However, their sentence was overturned on appeal.
[15]
Dostler case
[
edit
]
On October 8, 1945,
Anton Dostler
was the first
German general
to be tried for war crimes by a US
military tribunal
at the
Royal Palace of Caserta
. He was accused of ordering the execution of 15 captured US soldiers of
Operation Ginny II
in Italy in March 1944. He admitted to ordering the execution, but said that he could not be held responsible because he was following orders from his superiors. The execution of the
prisoners of war
in Italy, ordered by Dostler, was an implementation of
Adolf Hitler
's
Commando Order
of 1942, which required the immediate execution of all
Allied
commandos
, whether they were in proper uniforms or not, without trial if they were apprehended by German forces. The tribunal rejected the defense of Superior Orders and found Dostler guilty of war crimes. He was sentenced to death and
executed by a firing squad
on December 1, 1945, in
Aversa
.
The Dostler case became a precedent for the principle that was used in the Nuremberg Trials of German generals, officials, and Nazi leaders beginning in November 1945: using superior orders as a defense does not relieve officers from responsibility of carrying out illegal orders and their liability to be punished in court. The principle was codified in
Principle IV
of the
Nuremberg Principles
, and similar principles are in the 1948
Universal Declaration of Human Rights
.
Nuremberg Trials after World War II
[
edit
]
In 1945?46, during the
Nuremberg trials
the issue of superior orders again arose. Before the end of World War II, the Allies suspected such a defense might be employed and issued the
London Charter of the International Military Tribunal
(IMT), which explicitly stated that following an unlawful order is not a valid defense against charges of
war crimes
.
Thus, under
Nuremberg Principle IV
, "defense of superior orders" is not a defense for war crimes, although it might be a mitigating factor that could influence a sentencing authority to lessen the penalty. Nuremberg Principle IV states:
The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.
During the Nuremberg Trials,
Wilhelm Keitel
,
Alfred Jodl
, and other defendants unsuccessfully used the defense. They contended that while they knew Hitler's orders were unlawful, or at least had reason to believe they were unlawful, their place was not to question, but to obey. They claimed they were compelled to do so by the
Fuhrerprinzip
(leader principle) that governed the Nazi regime, as well as their own
oath of allegiance to Hitler
. In most cases, the tribunal found that the defendants' offenses were so egregious that obedience to superior orders could not be considered a mitigating factor.
Before the trials, there was little Allied consensus about prosecuting Nazi war prisoners.
Winston Churchill
was inclined to have the leaders "executed as outlaws".
[16]
The Soviets desired trials but wished there to be a presumption of guilt.
[17]
The German military law since 1872 said
[18]
that while the superior is ("solely") responsible for his order, the subordinate
is
to be punished for his participation in it if he either transgressed the order on his own account, or if he knew the order to be criminal.
[19]
The Nazis did not bother (or were too reluctant) to formalize many of their offenses (e.g., killing a non-combatant without trial), so the prosecutors at Nuremberg could have argued that the defendants broke German law to begin with. However, this line of argument was infrequently used.
"Nuremberg defense"
[
edit
]
The trials gained so much attention that the "superior orders defense" has subsequently become interchangeable with the label "Nuremberg defense", a
legal defense
that essentially states that defendants were "only following orders" (
"Befehl ist Befehl"
, literally "an order is an order") and so are not responsible for their crimes.
However, US General
Telford Taylor
, who had served as Chief Counsel for the United States during the Nuremberg trials, employed the term "Nuremberg defense" in a different sense. He applied it not to the defense offered by the Nuremberg defendants but to a justification put forward by those who refused to take part in military action (specifically America's involvement in the Vietnam War) that they believed to be criminal.
[20]
1947–2000
[
edit
]
The defense of superior orders again arose in the
1961 trial
of Nazi war criminal
Adolf Eichmann
in
Israel
, as well as the trial of
Alfredo Astiz
of
Argentina
, who was responsible for many disappearances and kidnappings that took place during its
last civil-military dictatorship
(1976?1983). The dictators forced
state-sponsored terrorism
upon the population,
[21]
resulting in what (to several sources) amounted to
genocide
.
[22]
[23]
The 1950s and 1960s saw the defense of
Befehlsnotstand
(English:
compulsion to obey orders
), a concept in which a certain action is ordered which violates law but where the refusal to carry it out would lead to drastic consequences for the person refusing. This was quite successful in war crimes trials in Germany.
[
clarification needed
]
With the formation of the
Central Office of the State Justice Administrations for the Investigation of National Socialist Crimes
this changed, as its research revealed that refusing an unlawful order did not result in punishment.
[24]
Israeli law since 1956
[
edit
]
In 1957, the Israeli legal system established the concept of a "blatantly illegal order" to explain when a military (or security-related) order should be followed, and when it
must not
be followed. The concept was explained in 1957 in the
Kafr Qasim massacre
ruling. The trial considered for the first time the issue of when Israeli security personnel are required to disobey illegal orders. The judges decided that soldiers do not have the obligation to examine each and every order in detail as to its legality, nor were they entitled to disobey orders merely on a subjective feeling that they might be illegal. On the other hand, some orders were manifestly illegal, and these must be disobeyed. Judge
Benjamin Halevy
's words, still much-quoted today, were that "The distinguishing mark of a manifestly illegal order is that above such an order should fly, like a black flag, a warning saying: 'Prohibited!' Illegality that pierces the eye and revolts the heart, if the eye is not blind and the heart is not impenetrable or corrupt."
[25]
[26]
Captain (res.) Itai Haviv, a signatory of the 'courage to refuse' letter of 2002, told of his unhappiness about his service for the
Israeli Defense Forces
(IDF) and said "For 35 years a black flag was proudly hanging over our heads, but we have refused to see it". A translation note explains the "Black Flag" principle but adds "In the 45 years that passed since [the ruling], not even a single soldier was protected by a military court for refusing to obey a command because it was a 'black flag' command."
[27]
1968 M? Lai massacre
[
edit
]
Following the
M? Lai massacre
in 1968, the defense was employed during the court martial of
William Calley
. Some have argued that the outcome of the M? Lai trial was a reversal of the
laws of war
that were set forth in the
Nuremberg
and
Tokyo War Crimes Tribunals
.
[28]
Secretary of the Army
Howard Callaway
was quoted in the
New York Times
as stating that Calley's sentence was reduced because Calley believed that what he did was a part of his orders. Calley used the exact phrase "just following orders" when another American soldier,
Hugh Thompson
, confronted him about the ongoing massacre.
In
United States v. Keenan
, the accused was found guilty of murder after he obeyed an order to shoot and kill an elderly
Vietnamese
citizen. The
Court of Military Appeals
held that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal". The soldier who gave the order, Corporal Luczko, was acquitted by reason of insanity.
[29]
1987 Canadian prosecution of Imre Finta
[
edit
]
The Canadian government prosecuted Hungarian Nazi collaborator
Imre Finta
under its war crimes legislation in 1987. He was accused of organizing the deportation of over 8,000 Jews to Nazi death camps. He was acquitted on the defence that he was following the orders of a superior. The Canadian courts that accepted that verdict are the only ones in the world that recognize that legal defence.
[30]
1998 Rome Statute of the International Criminal Court
[
edit
]
The
Rome Statute
was agreed in 1998 as the foundation document of the
International Criminal Court
, established to try those accused of serious international crimes. Article 33, titled "Superior orders and prescription of law",
[31]
states:
- The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:
- The person was under a legal obligation to obey orders of the Government or the superior in question;
- The person did not know that the order was unlawful; and
- The order was not manifestly unlawful.
- For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.
2000–present
[
edit
]
Legal proceedings of Jeremy Hinzman in Canada
[
edit
]
Nuremberg Principle IV
, and its reference to an individual's responsibility, was at issue in
Canada
in the case of
Hinzman v. Canada.
Jeremy Hinzman
was a
U.S. Army
deserter
who claimed
refugee
status in Canada as a
conscientious objector
, one of
many Iraq War resisters
. Hinzman's lawyer, (at that time
Jeffry House
), had previously raised the issue of the
legality of the Iraq War
as having a bearing on their case. The
Federal Court
ruling was released on March 31, 2006, and denied the refugee status claim.
[32]
[33]
In the decision, Justice
Anne L. Mactavish
addressed the issue of personal responsibility:
An individual must be involved at the policy-making level to be culpable for a crime against peace ... the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict. Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper.
[32]
[34]
[35]
On November 15, 2007, a quorum of the
Supreme Court of Canada
made of Justices
Michel Bastarache
,
Rosalie Abella
, and
Louise Charron
refused an application to have the Court hear the case on appeal, without giving reasons.
[36]
[37]
Legal proceedings of Ehren Watada in the United States
[
edit
]
In June 2006, during the
Iraq War
,
Ehren Watada
refused to go to Iraq on account of his belief that the war was a
crime against peace
(waging a
war of aggression
for territorial aggrandizement), which he believed could make him liable for prosecution under the command responsibility doctrine. In this case, the judge ruled that soldiers, in general, are not responsible for determining whether the order to go to war is itself a lawful order ? but are only responsible for those orders resulting in a specific application of military force, such as shooting civilians or treating POWs inconsistently with the Geneva Conventions. This is consistent with the Nuremberg defense, as only the civilian and military principals of the Axis were charged with crimes against peace, while subordinate military officials were not.
[38]
It is often the case in modern warfare that while subordinate military officials are not held liable for their actions, neither are their superiors, as was the case with Calley's immediate superior Captain Ernest Medina.
Based on this principle,
international law
developed the concept of individual criminal liability for war crimes, which resulted in the current doctrine of command responsibility.
[39]
[40]
[41]
Legal proceedings of Vadim Shishimarin in Ukraine
[
edit
]
On February 28, 2022, during the
Russian invasion of Ukraine
, Russian Sergeant
Vadim Shishimarin
shot and killed unarmed civilian Oleksandr Shelipov, a 62 year old Ukrainian man. His trial started on 13 May 2022, and on Wednesday 18 May, Shishimarin pleaded guilty to the killing. On Friday 20 May, Shishimarin's defense lawyer asked for his client to be acquitted of war crimes.
[42]
He argued that Shishimarin had intended not to kill but only to carry out the order formally, which Shishimarin had refused twice before succumbing to pressure from other soldiers. He further argued that the shots were unaimed, fired from a moving vehicle with a faulty tire, and only one bullet out of the burst hit.
[43]
[44]
Summary
[
edit
]
Note
: Yellow rows indicate the use of the
precise
plea of superior orders in a war crimes trial, as opposed to events regarding the
general
concept of superior orders.
Arguments
[
edit
]
The superior orders defense is still used with the following rationale in the following scenario: An "order" may come from one's superior at the level of
national
law. But according to Nuremberg Principle IV, such an order is sometimes "unlawful" according to
international
law. Such an "unlawful order" presents a legal dilemma from which there is no legal escape: On one hand, a person who
refuses
such an unlawful order faces the possibility of legal punishment
at the national level
. On the other hand, a person who
accepts
such an unlawful order faces the possibility of legal punishment
at the international level
.
Nuremberg Principle II
responds to that dilemma by stating: "The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law."
[45]
This might present a
legal
dilemma, but Nuremberg Principle IV speaks of "a
moral
choice" as being just as important as legal decisions: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a
moral
choice was in fact possible to him".
In moral choices or
ethical dilemmas
a decision is often made by appealing to a "higher ethic". One found in many religions and in secular ethics is the
ethic of reciprocity
, or
Golden Rule
. It states that one has a right to just treatment, and therefore has a reciprocal responsibility to ensure justice for others.
Although messengers are not usually responsible for the content of messages, the
Babylonian Talmud
(3rd to 5th century corpus of
Jewish law
) states, "There is no messenger in a case of sin."
[46]
Joseph Telushkin
interprets the precept to mean that "if a person is sent to perform an evil act, he cannot defend his behavior by saying he was only acting as another's messenger. ... [T]he person who carries out the evil act bears responsibility for the evil he or she does."
[47]
This is because God's law (i.e.
morality
) supersedes human law.
Another argument against the use of the superior orders defense is that it does not follow the traditional legal definitions and categories established under
criminal law
, where a
principal
is any actor who is primarily responsible for a criminal offense.
[48]
Such an actor is distinguished from others who may also be subject to criminal liability as
accomplices
,
accessories
or
conspirators
. (See also the various degrees of liability:
absolute liability
,
strict liability
, and
mens rea
.)
The common argument is that every individual under orders should be bound by law to immediately relieve of command an officer who gives an obviously unlawful order to their troops. This represents a rational check against organizational command hierarchies.
Nuremberg Principle IV, the
international law
that counters the superior orders defense, is legally supported by the
jurisprudence
found in
certain articles in the Universal Declaration of Human Rights that deal indirectly with conscientious objection
. It is also supported by
the principles found in paragraph 171 of the Handbook on Procedures and Criteria for Determining Refugee Status
, which was issued by the Office of the
United Nations High Commissioner for Refugees
(UNHCR). Those principles deal with the conditions under which
conscientious objectors
can apply for refugee status in another country if they face persecution in their own for refusing to participate in an illegal war.
Bibliography
[
edit
]
See also
[
edit
]
References
[
edit
]
- ^
See
L.C. Green,
Superior Orders in National and International Law
, (A. W. Sijthoff International Publishing Co., Netherlands, 1976)
- ^
Mark J. Osiel,
Obeying Orders: Atrocity, Military Discipline, and the Law of War
, (Transactions Publishers, New Brunswick, N.J., 1999).
- ^
See
James B. Insco,
Defense of Superior Orders Before Military Commissions
, Duke Journal of Comparative and International Law, 13 DUKEJCIL 389 (Spring, 2003). Asserting in the author's view that a
respondeat superior
approach to superior orders is an "underinclusive extreme".
- ^
H. T. King Jr.,
The Legacy of Nuremberg
, Case Western Journal of International Law, Vol. 34. (Fall 2002) at p. 335.e
- ^
"Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V. Bosco Ntaganda"
(PDF)
.
icc-cpi.int
. International Criminal Court. 30 March 2021.
Archived
(PDF)
from the original on 15 July 2022
. Retrieved
18 October
2022
.
- ^
a
b
The evolution of individual criminal responsibility under international law
By Edoardo Greppi, Associate Professor of International Law at the
University of Turin
,
Italy
,
International Committee of the Red Cross
No. 835, p. 531?553, October 30, 1999.
- ^
Exhibit highlights the first international war crimes tribunal
by Linda Grant, Harvard Law Bulletin.
- ^
a
b
An Introduction to the International Criminal Court
William A. Schabas,
Cambridge University Press
, Third Edition
- ^
Command Responsibility
The Mens Rea Requirement, By Eugenia Levine,
Global Policy Forum
, February 2005
- ^
Judge and master
By Don Murray,
CBC News
, July 18, 2002.
- ^
The Perennial Conflict Between International Criminal Justice and Realpolitik
Archived
2008-09-10 at the
Wayback Machine
February 10, 2006 Draft by M. Cherif Bassiouni -Distinguished Research Professor of Law and President,
International Human Rights Law Institute
,
DePaul University College of Law
, Presented March 14, 2006 as the 38th
Henry J. Miller Distinguished Lecture
,
Georgia State University College of Law
, and to appear in the
Georgia State University Law Review
- ^
"Free Man Who Sank a Hospital Ship; Leipsic Judges Acquit Neumann on the Ground That He Acted Under Orders. He Admitted Torpedoing. Prosecutor Demanded Acquittal, Calling Dover Castle Culpable in Carrying Wounded Soldiers"
.
New York Times
. June 5, 1921
. Retrieved
10 April
2010
.
- ^
"German War Trials: Judgement in Case of Commander Karl Neumann",
The American Journal of International Law
, Vol. 16, No. 4. (October 1922), pp. 704?708.
- ^
G. A. Finch, "Superior Orders and War Crimes",
The American Journal of International Law
, Vol. 15, No. 3. (July 1921), pp. 440?445.
- ^
"German War Trials: Judgment in Case of Lieutenants Dithmar and Boldt".
The American Journal of International Law
, vol. 16, no. 4, 1922, pp. 708?724.
- ^
Crossland, John (2006-01-01).
"Churchill: execute Hitler without trial"
.
The Times
. Retrieved
2024-05-26
.
- ^
Moghalu, K. C. (2006).
Global Justice: The Politics of War Crime Trials
. Greenwood.
- ^
Militar-Strafgesetzbuch fur das Deutsche Reich
, § 47. The difference to the present regulation, as found in the
Wehrstrafgesetz
§ 5, is only marginal, at least as far as the letter of the law is concerned.
- ^
"... wenn ihm bekannt gewesen, daß der Befehl des Vorgesetzten eine Handlung betraf, welche ein burgerliches oder militarisches Verbrechen oder Vergehen bezweckte"
, i.e., "... if it was known to him that the superior's order concerned an action that aimed at a civil or military felony or misdemeanor". According to general legal interpretation,
[
citation needed
]
"if he knew" means "unless he did not know
and
had a valid excuse for not knowing".
- ^
Taylor, Telford (1970).
Nuremberg and Vietnam: An American Tragedy
. New York: The New York Times Group. p. 15.
The claim that American intervention in Vietnam is itself an aggressive war and therefore criminal - the so-called 'Nuremberg defense' - has been put forward by draft card burners, draftees facing induction and soldiers about to be shipped to Vietnam.
- ^
The Secret in Their Eyes: Historical Memory, Production Models, and the Foreign Film Oscar (WEB EXCLUSIVE)
Archived
2012-01-27 at the
Wayback Machine
Matt Losada,
Cineaste Magazine
, 2010
- ^
Conadep, Nunca Mas Report, Chapter II, Section One:
Advertencia
,
[1]
(in Spanish)
- ^
Atrocities in Argentina (1976?1983)
Holocaust Museum Houston
- ^
Kellerhoff, Sven Felix
(15 July 2015).
"Hatten SS-Mitglieder damals wirklich 'keine Wahl'?"
[Did SS members really have "no choice"?].
Die Welt
(in German)
. Retrieved
17 October
2018
.
- ^
M. R. Lippman, "Humanitarian Law: The Development and Scope of the Superior Orders Defense",
Penn State International Law Review
, Fall 2001.
- ^
Leora Y. Bilsky,
Transformative Justice: Israeli Identity on Trial (Law, Meaning, and Violence)
, University of Michigan Press, 2004,
ISBN
0-472-03037-X
, pp. 169?197, 310?324.
- ^
Haviv, Itai.
"Black Flag"
.
seruv.org.il
. Archived from
the original
on 4 October 2018
. Retrieved
18 October
2022
.
- ^
Marshall, Burke; Goldstein, Joseph (2 April 1976). "Learning From My Lai: A Proposal on War Crimes".
The New York Times
. p. 26.
- ^
Powers, Rod.
"Military Orders To Obey or Not to Obey?"
.
About.com: US Military
. Archived from the original on 5 December 2010
. Retrieved
16 June
2010
.
{{
cite web
}}
: CS1 maint: unfit URL (
link
)
[
dead link
]
- ^
Brewster, Murray (28 September 2023).
"After Parliament's humiliation, Canada has to reckon with its past treatment of Nazis, experts say"
.
CBC News
.
- ^
"Rome Statute of the International Criminal Court; Part 3: General Principles of Criminal Law; Article 33: Superior orders and prescription of law"
. United Nations. 12 July 1999
. Retrieved
21 March
2010
.
- ^
a
b
Mernagh, M. (2006-05-18).
"AWOL GIs Dealt Legal Blow"
. Toronto's Now Magazine. Archived from
the original
on 2011-06-05
. Retrieved
2008-06-02
.
- ^
"Hinzman v. Canada (Minister of Citizenship and Immigration) (F.C.), 2006 FC 420"
. Office of the Commissioner for Federal Judicial Affairs. pp. (see
Held,
Para. (1)). Archived from
the original
on 2009-02-16
. Retrieved
2008-06-16
.
- ^
Hinzman v. Canada
Federal Court decision. Paras (157) and (158). Accessed 2008-06-18
- ^
Goergen, Roman (February 23, 2011).
"Sanctuary Denied"
.
In These Times
. Retrieved
6 March
2011
.
- ^
"Top court refuses to hear cases of U.S. deserters"
.
CBC News
. 2007-11-15
. Retrieved
2008-06-02
.
- ^
Supreme Court of Canada.
"Decisions ? Bulletin of November 16, 2007"
. Sections 32111 and 32112. Archived from
the original
on February 16, 2009.
- ^
"Soldier's Iraq war stance backed: Watada has right to refuse to go, retired officer says"
,
Seattle Post-Intelligencer
, June 20, 2006.
- ^
"Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law"
HTML version
by Allison Marston Danner and Jenny S. Martinez, September 15, 2004
- ^
Anne E, Mahle.
"Command Responsibility ? An International Focus"
.
pbs.org
. Public Broadcasting Service. Archived from
the original
on 8 November 2012
. Retrieved
18 October
2022
.
- ^
"Command, superior and ministerial responsibility"
by Robin Rowland,
CBC News Online
, May 6, 2004
- ^
"Lawyer asks Kyiv war crimes trial to acquit Russian soldier"
.
Times of Malta
. 20 May 2022
. Retrieved
2022-05-23
.
- ^
"Russian soldier in Ukraine war crimes trial says he did not want to kill"
.
Reuters
. 2022-05-20
. Retrieved
2022-05-23
.
- ^
"Ukraine war: Russian soldier Vadim Shishimarin jailed for life over war crime"
.
BBC News
. 2022-05-23
. Retrieved
2022-05-23
.
- ^
International Committee of the Red Cross
(ICRC)
References
Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, 1950: Introduction
- ^
Kiddushin
42b. Qtd. in Telushkin,
The Book of Jewish Values
, 330.
- ^
Telushkin, Joseph.
The Book of Jewish Values: A Day-By-Day Guide to Ethical Living
. New York: Bell Tower, 2000. p. 330
- ^
See, e.g., Superior Growers, 982 F.2d at 177?78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982).
External links
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