Lawful Order by Leo Carroll download in iPad, ePub, pdf
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. If so, then the defendant is not protected. 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.
This was the earliest modern European example of the doctrine of command responsibility. The tribunal rejected the defense of Superior Orders and found Dostler guilty of war crimes. 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. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.
The removal has been attributed to the actions of Robert H. The soldier who gave the order, Corporal Luczko, was acquitted by reason of insanity.
He admitted to ordering the execution but said that he could not be held responsible because he was following orders from his superiors. It is based on references above. The concept is explained in by the infamous Kafr Qasim massacre ruling. However, this line of argumentation was only in very limited amounts argued on in the trials. Some have argued that the outcome of the My Lai Massacre courts martial was a reversal of the laws of war that were set forth in the Nuremberg and Tokyo War Crimes Tribunals.
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