Nuremberg Defense
|
|
The Nuremberg Defense is a legal defense that essentially states that the defendant was "was only following orders" 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 the War, 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.
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.