American (BUSH Admin) Diplomats Advocated "Nuremberg Defense" 2 Newly Obtained Documents Show How

[kpete]

Source: Huffington Post

American Diplomats Advocated "Nuremberg Defense"

First Posted: 09- 1-09 01:28 PM | Updated: 09- 1-09 02:53 PM

By Scott Horton
Special to the Huffington Post

Two newly-obtained documents show how American diplomats during the Bush administration worked tenaciously to incorporate what is commonly known as the Nuremberg Defense into a new international convention addressing enforced disappearances.

The rejection of the notion that government agents could avoid liability for crimes by arguing that they were simply following orders had been a bedrock principle of the American government ever since shortly after the end of World War II, when that defense was employed during the Nuremberg war-crimes trials.

But the new documents, obtained by the ACLU through Freedom of Information Act litigation, show how State Department officials tried to establish what they called "the good soldier defense" -- in this case, the right of government agents charged with seizing and holding people in violation of international law to claim as a defense that they acted in good faith based on representations as to the legality of the conduct they were undertaking.

American officials found themselves "virtually alone" at the negotiating table with this position, facing criticism from long-established allies, the documents show. The efforts occurred in the context of a proposed "Convention on the Protection of All Persons from Enforced Disappearances" in 2004 and 2006. The documents are available here and here.

Read more: http://www.huffingtonpost.com/2009/09/01/american-diplomats-advoca_n_274039.html

[LearnedHand]

1. I have no words for these pigs

They make me want to vomit. Thanks for posting yet more evidence of the moral bankruptcy of the Bush* administration.

[Gopens]

2. Only one problem with the Nuremberg defense ...

it didn't work. :eyes:

[dipsydoodle]

3. You would appear to have

A 1994 federal law which prohibits torture : http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6387702 which may have occured in these instances. So much for a defence of "acting in good faith based on representations as to the legality of the conduct they were undertaking."

[Chef Eric]

4. Disgusting, but not surprising.

Time and time again, Republicans have shown that they just can't think for themselves. So it's only natural that the "just following orders" defense would be acceptable to them.

[TankLV]

5. Utterly DISGUSTING - but I am NOT surprised at all...

[NBachers]

6. Well then that should open the door to prosecute those who ordered the crimes

Well but actually no not really after all

[Gregorian]

7. And since God told George to do it, it's all God's fault?

I swear this is downright freakish. Well, obviously worse than that. It actually happened.

[OnyxCollie]

8. They tried to use the "good faith" argument for domestic spying, too.

Hang 'em all.

[burrowowl]

9. HOLDER!

INDICT, DAMNIT!

[Solly Mack]

10. K&R

[omega minimo]

11. They "acted in good faith" with what they KNEW were blatant LIES

:evilfrown:

[DCKit]

12. NO defense.

Isn't that what we were all taught as children?