Nuremberg Defense
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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.
Thus, under the Nuremberg Principles, "defense of superior orders" is not a defense for war crimes, although it might influence a sentencing authority to lessen the penalty.
"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."
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 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.
All US military personnel receive annual training in the Law of Armed Conflict, which delineates lawful and unlawful behaviors during armed conflicts, and is derived from the Geneva Conventions, a subset of international law. This training is designed to ensure that US military personnel are familiar with their military, ethical and legal obligations during wartime.
[edit] Uses
Adolf Eichmann, Wilhelm Keitel, and other Nazis tried at Nuremberg unsuccessfully used the defense during their trials. 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 torture and prisoner abuse scandal.
It was successfully used by Erich Priebke, after The Holocaust. It was used with varying degrees of success by those involved in the Hostages Case.
