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Should "I was following orders" be a valid legal defence?
Yes
Yes, only if you are unaware the order was unlawful
No
Don't know
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philjit
Arch-Enemy of Idealism

Registered: Jan 2002
Location: UK
Posts: 13002

Lynddie England's lawyer says she was "following orders"

It seems that Lynddie England's lawyer is arguing that she, as a lowly priavte was simply following orders and thus is an unfair skapegoat in the whole mess that has happened ove rphotos etc etc.

Thing is, I was under the impression that the Nuremburg Trials established the precedent that "I was just following orders" is not a defence when those orders are clearly unlawful. That is what the US, UK and Fench judges preciding over Nuremburg set a precedent for did they not?

Above is a poll, I;m curious to know who think "following orders" should be a valid legal defence?

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Old Post 05-10-2004 05:57 PM
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zim
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I voted no; I considered voting Yes, only if you are unaware the order was unlawful, but it is the responsibility of the person following orders to know what is and what is not legal.

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Old Post 05-10-2004 06:16 PM
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mudded
Too drunk to fish

Registered: Aug 2001
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She is supposed to know what is legit and what is not
She is supposed to refuse unlawful orders.

If she was following orders... she should be punished, and so should every single person in the chain of command who knew or should have known and failed to stop it.

the end

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Old Post 05-10-2004 07:20 PM
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Paint CHiPs
Viva Le Me

Registered: Jul 2000
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quote:
Originally posted by ZiM
I voted no; I considered voting Yes, only if you are unaware the order was unlawful, but it is the responsibility of the person following orders to know what is and what is not legal.


I considered the same, in part because I DO believe that she's being skapegoated some (though justifiably, of course, just sucks for her that she had the misfortune (dumb fuckitude) to be in all those pictures). But, if ignorance of the law doesn't get me out of parking tickets, I don't see why it should get you out of torturing people.

In other news, worse pictures (and video!) of American abuse of Iraqi prisoners to come, apparantly.

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Old Post 05-10-2004 08:26 PM
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Paint CHiPs
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Good a place as any.

This is the Army Times editorial you may hear quoted in the media. I should note that the Army Times is run by civilians, but it's on every base in the country and is obviously of a very military-centric perspective. Army Times is one of four such publications owned by the Gannett Co., and has a circulation of about 250,000. The same editorial was carried in the Air Force, Navy and Marine Corps Times newspapers.




Around the halls of the Pentagon, a term of caustic derision has emerged for the enlisted soldiers at the heart of the furor over the Abu Ghraib prison scandal: the six morons who lost the war.
Indeed, the damage done to the U.S. military and the nation as a whole by the horrifying photographs of U.S. soldiers abusing Iraqi detainees at the notorious prison is incalculable.

But the folks in the Pentagon are talking about the wrong morons.

There is no excuse for the behavior displayed by soldiers in the now-infamous pictures and an even more damning report by Army Maj. Gen. Antonio Taguba. Every soldier involved should be ashamed.

But while responsibility begins with the six soldiers facing criminal charges, it extends all the way up the chain of command to the highest reaches of the military hierarchy and its civilian leadership.

The entire affair is a failure of leadership from start to finish. From the moment they are captured, prisoners are hooded, shackled and isolated. The message to the troops: Anything goes.

In addition to the scores of prisoners who were humiliated and demeaned, at least 14 have died in custody in Iraq and Afghanistan. The Army has ruled at least two of those homicides. This is not the way a free people keeps its captives or wins the hearts and minds of a suspicious world.

How tragically ironic that the American military, which was welcomed to Baghdad by the euphoric Iraqi people a year ago as a liberating force that ended 30 years of tyranny, would today stand guilty of dehumanizing torture in the same Abu Ghraib prison used by Saddam Hussein’s henchmen.

One can only wonder why the prison wasn’t razed in the wake of the invasion as a symbolic stake through the heart of the Baathist regime.

Army commanders in Iraq bear responsibility for running a prison where there was no legal adviser to the commander, and no ultimate responsibility taken for the care and treatment of the prisoners.

Gen. Richard Myers, chairman of the Joint Chiefs, also shares in the shame. Myers asked “60 Minutes II” to hold off reporting news of the scandal because it could put U.S. troops at risk. But when the report was aired, a week later, Myers still hadn’t read Taguba’s report, which had been completed in March. Defense Secretary Donald Rumsfeld also failed to read the report until after the scandal broke in the media.

By then, of course, it was too late.

Myers, Rumsfeld and their staffs failed to recognize the impact the scandal would have not only in the United States, but around the world.

If their staffs failed to alert Myers and Rumsfeld, shame on them. But shame, too, on the chairman and secretary, who failed to inform even President Bush.

He was left to learn of the explosive scandal from media reports instead of from his own military leaders.

On the battlefield, Myers’ and Rumsfeld’s errors would be called a lack of situational awareness — a failure that amounts to professional negligence.

To date, the Army has moved to court-martial the six soldiers suspected of abusing Iraqi detainees and has reprimanded six others.

Brig. Gen. Janis Karpinski, who commanded the MP brigade that ran Abu Ghraib, has received a letter of admonishment and also faces possible disciplinary action.

That’s good, but not good enough.

This was not just a failure of leadership at the local command level. This was a failure that ran straight to the top. Accountability here is essential — even if that means relieving top leaders from duty in a time of war.

— Military Times editorial, May 17 issue

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Old Post 05-10-2004 08:43 PM
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Smug Git
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I voted 'yes - but only if you didn't know that the order was unlawful', so I don't think that it would be a good defence in this case, unless she is really really stupid. In which case she should be locked up for being stupid. Only thus can our gene pool be improved.

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Old Post 05-10-2004 08:51 PM
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DevilMoon
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I voted the same as smug and for the same reasons. However the spirit of these pictures seems to indicate to me that it was a bunch of morons acting like jerks rather than carrying out orders that they felt were distateful.

I was discussing some of this with my mom earlier and she felt they should release the rest of the pictures now, as not to drag this whole thing out. I felt that they should not, on the grounds that we have seen what sort of thing was going on, we know there are more pictures of the same and worse from the same period of time, and there is no reason to further humiliate those in the photos (prisoners, not military personel) by publicizing more of them. If photos come to light showing fresh abuses, then I think they should be publicized and would indicate a wider scandal. I don't see how more of these pictures make the current situation worse, as it just illustrates what we already know to have occurred.

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Old Post 05-10-2004 09:17 PM
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Paint CHiPs
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I don't think it's more of the same, Dmoon. Here's a transcript from MSNBC last night:




JIM MIKLASZEWSKI, NBC PENTAGON CORRESPONDENT (voice-over): The swearing in that opened the hearing, signaled the gravity of what was about to unfold. In his opening statement, Secretary Rumsfeld, for the first time, apologized and offered compensation to Iraqis who had been abused.

DONALD RUMSFELD, DEFENSE SECRETARY: To those Iraqis who were mistreated by member of the U.S. Armed Forces, I offer my deepest apology.

MIKLASZEWSKI: Rumsfeld then dropped a bomb, revealing that there were more photos, even videos depicting abuses far worse than what has been seen so far.

RUMSFELD: There are other photos that depict incidents of physical violence towards prisoners, acts that can only be described as blatantly sadistic, cruel, and inhuman.

MIKLASZEWSKI: U.S. military officials tell NBC News, the unreleased images, show American soldiers severely beating one Iraqi prisoner to near death; apparently, raping an Iraqi female prisoner; acting inappropriately with a dead body; and Iraqi guards apparently videotaped by U.S. soldiers raping young boys.

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Old Post 05-10-2004 09:23 PM
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Paint CHiPs
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Not as relevant, but here's the rest of that:




SEN. LINDSAY GRAHAM ®, SOUTH CAROLINA: We‘re talking about rape and murder here, we‘re not just talking about giving people a humiliating experience, we‘re talking about rape and murder and some very serious charges.

MIKLASZEWSKI: Senator Carl Levin raised questions about one photo which appeared to show the abuse of prisoners may not be random, but part of routine operations.

SEN. CARL LEVIN (D), MICHIGAN: That the conduct we were witnessing and watching was not aberrant conduct of a few individuals, but part of an organized and conscious process to extract information.

MIKLASZEWSKI: Many expressed outrage that Rumsfeld didn‘t inform Congress about the explosive scandal until after it broke in the media.

SEN. MARK DAYTON (D), MINNESOTA: It‘s against our principled, when yous (SIC) come to before 40 to 45 member of the Senate, three hours before the news report is going to occur and don‘t mention one word about it, sir.

MIKLASZEWSKI: Rumsfeld said even he didn‘t see all the photos until last night, but admits he underestimated the negative impact those images would have.

RUMSFELD: If there‘s a failure, it‘s me. It‘s my failure for not understanding and knowing that there were hundreds or however many there are of these things, that could eventually end up in the public and do the damage they‘ve done.

MIKLASZEWSKI: The Joint Chiefs Chairman Richard Myers said he first asked the media not to release the photos because it could increase the threat to U.S. troops.

RICHARD MYERS, JOINT CHIEFS CHAIRMAN: Here‘s the problem. It doesn‘t take a rocket scientist to figure out the explosive nature to these photos, in my opinion, we could have done a better job.

MIKLASZEWSKI: Former prisoner of war in Vietnam, John McCain, fears the troubling images threaten total war effort.

SEN. JOHN MCCAIN ®, ARIZONA: We risk losing public support for this conflict as Americans turned away from the Vietnam war, they may turn away from this one.

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Old Post 05-10-2004 09:27 PM
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Smug Git
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I suppose what I mean is 'yes, but only if you shouldn't have known that it was unlawful', so stupidity wouldn't an excuse (ie, there should be a minimum expectation of mental competance amognst people that are enlisted).

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Old Post 05-10-2004 09:35 PM
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Paint CHiPs
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I still don't understand why, if "But I didn't know I wasn't supposed to park there!" shouldn't get you out of a parking ticket, "But I didn't know I shouldn't hook those wires to his genitals!" should get you out of a court-marshall for abusing prisoners.

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Old Post 05-10-2004 09:40 PM
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Smug Git
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It is about what you can reasonably be expected to know. I can't see it as a complete defence in these cases, though, so much as a way of sharing blame out (and perhaps lessening it for those making that plea).

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Old Post 05-10-2004 09:46 PM
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Coincidence
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There is a maximum expectation too, namely "These people are not smart enough to disobey."
Brilliant Army Times editorial. Devastating.
Can't wait for the next pictures.

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Old Post 05-10-2004 09:47 PM
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Coincidence
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Hrm. Sorry. Just ignore this.

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It's a tough war we're in. It's not going to be over right away. There's going to be other wars. I'm sorry to tell you, there's going to be other wars. We will never surrender but there will be other wars. And right now - we're gonna have a lot of PTSD to treat, my friends.

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Old Post 05-10-2004 09:49 PM
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Paint CHiPs
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quote:
Originally posted by Smug Git
It is about what you can reasonably be expected to know.


No it isn't; it's about whether an action was legal or it wasn't. At least, that's the precedent in American law, and, as was pointed out, international law in regards to military personelle under orders.

Maybe in a karmic sense, I suppose, but otherwise, I don't see how the soldiers are in any less shit for being morons. Blame is also not a zero-sum gain: It can be their faults AND their commanding officers AND the people that ran the place, etc.

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Old Post 05-10-2004 09:53 PM
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DevilMoon
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quote:
Originally posted by Paint CHiPs
I don't think it's more of the same, Dmoon.


I said "we know there are more pictures of the same and worse."

Do you think they should release photos of a person being raped? If it were a US serviceman raping a US servicewoman, I should think the answer would be no. I think the Iraqi victims should be extended the same courtesy. I think the truth of the matter should be publicized, but I think we do not necessarily need to see everything. I do not have a problem with congress seeing every bit of it though.

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Old Post 05-10-2004 09:55 PM
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Smug Git
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Certainly in the UK, it is about 'reasonableness' in a lot of cases, although ignorance of the law in and of itself isn't much of a defence (unless the law were held to be unduly contrary, or something like that). Although as I say, I don't think that it would be anything like a complete defence here. 'Acting under orders' also can reduce the amount of blame attached, because it can bring in an element of compulsion (although again, I doubt that it would be a complete defence).

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Old Post 05-10-2004 09:56 PM
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Paint CHiPs
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Ah. Yeah, you're right, I don't expect them to publish the photos and videos of that stuff, though they may be made available, and I wouldn't be surprised if it hit Arab TV.

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Old Post 05-10-2004 09:56 PM
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Paint CHiPs
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quote:
Originally posted by Smug Git
Certainly in the UK, it is about 'reasonableness' in a lot of cases, although ignorance of the law in and of itself isn't much of a defence (unless the law were held to be unduly contrary, or something like that). Although as I say, I don't think that it would be anything like a complete defence here. 'Acting under orders' also can reduce the amount of blame attached, because it can bring in an element of compulsion (although again, I doubt that it would be a complete defence).


Well, they're free to try it. I don't think that much of a case can be made that they reasonably thought what they were doing was legally sanctioned.

Anyway, as I'm dumping stuff in this thread, this is something from Andrew Sullivan, a blog I've linked before. He's a gay Republican who has been one of the most adament supporters of the war on the internet. His update today was pretty starkly negative, and worth relaying.




The one anti-war argument that, in retrospect, I did not take seriously enough was a simple one. It was that this war was noble and defensible but that this administration was simply too incompetent and arrogant to carry it out effectively. I dismissed this as facile Bush-bashing at the time. I was wrong. I sensed the hubris of this administration after the fall of Baghdad, but I didn't sense how they would grotesquely under-man the post-war occupation, bungle the maintenance of security, short-change an absolutely vital mission, dismiss constructive criticism, ignore even their allies (like the Brits), and fail to shift swiftly enough when events span out of control. This was never going to be an easy venture; and we shouldn't expect perfection. There were bound to be revolts and terrorist infractions. The job is immense; and many of us have rallied to the administration's defense in difficult times, aware of the immense difficulties involved. But to have allowed the situation to slide into where we now are, to have a military so poorly managed and under-staffed that what we have seen out of Abu Ghraib was either the result of a) chaos, b) policy or c) some awful combination of the two, is inexcusable. It is a betrayal of all those soldiers who have done amazing work, who are genuine heroes, of all those Iraqis who have risked their lives for our and their future, of ordinary Americans who trusted their president and defense secretary to get this right. To have humiliated the United States by presenting false and misleading intelligence and then to have allowed something like Abu Ghraib to happen - after a year of other, compounded errors - is unforgivable. By refusing to hold anyone accountable, the president has also shown he is not really in control. We are at war; and our war leaders have given the enemy their biggest propaganda coup imaginable, while refusing to acknowledge their own palpable errors and misjudgments. They have, alas, scant credibility left and must be called to account. Shock has now led - and should lead - to anger. And those of us who support the war should, in many ways, be angrier than those who opposed it.

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Old Post 05-10-2004 09:59 PM
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MstrG
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Registered: Jul 2000
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The only reasonable answer, obviously, is #2. That is, if you want to maintain order and discipline in the ranks of the military. In training, most attention is paid to the rules of conduct for a POW (in case you are captured), and no US service I know requires their troops to have read the entirety of the Geneva Convention documents. I think the qualifier here (and where that defense falls apart) is these people likely had the chance to question their commander/supervisor about any ambiguities. (And that doesn't mean responding to them with "Are you sure you want me to keep them up all night?", but more of a "Sir/Ma'am, could you give more specfic instructions about that procedure?") You, as a service member, certainly don't expect your supervisor to be issuing you an illegal command, particularly when you're green.

Some people see this as a black and white thing, it isn't, particularly when you're in a hostile situation. It's easy for us to sit back and say "Well shit yeah, common sense would tell you that stripping them naked and humiliating them with simulated sex is wrong." There are a lot more grey areas when you're actually in the situation, and a military peon in the chain of command.

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Old Post 05-10-2004 10:44 PM
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Smug Git
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That does rather shift some blame upwards, to those who did know better, presumably? It seems like a pretty exceptional failure of oversight somewhere (or in more than one area, as this is an overlap between intel collection, the military police, and civilians).

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Old Post 05-10-2004 10:51 PM
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MstrG