Nuremberg Defense
From Free net encyclopedia
Template:Mergeto The Nuremberg Defense is a legal defense that essentially states that the defendant was "only following orders" ("Befehl ist Befehl") and is therefore not responsible for his crimes. The defense was most famously employed during the Nuremberg Trials, after which it is named.
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, which specifically stated that this was not a valid defense against charges of war crimes.
The United States military adjusted the Uniform Code of Military Justice after World War II. They included a rule nullifying this defense, essentially stating that American military personnel are allowed to refuse unlawful orders. This defense is still used often, however, reasoning being that an unlawful order presents a dilemma from which there is no legal escape. One who refuses an unlawful order will still probably be jailed (and in some countries probably killed), and one who accepts one will probably be jailed.
The defense was employed during the court martial of William Calley following the My Lai Massacre in 1968. The defense has also been used to defend soldiers during the Abu Ghraib prison scandal.