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" ... to such acts of brutality, though, as the Charter here provides, the order may be urged in mitigation of the punishment. The true test, which is found in varying degrees in the criminal law of most nations, is not the existence of the order, but whether... "
Final Report to the Secretary of the Army on Nuernberg War Crimes Trials ... - Page 146
by Germany (Territory under Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Office, Chief of Counsel for War Crimes, Telford Taylor - 1950 - 345 pages
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Nazi Conspiracy and Aggression, Opinion and Judgment: Office of United ...

International Military Tribunal, United States. Office of Chief of Counsel for the Prosecution of Axis Criminality, United States. War Department - 1947 - 210 pages
...mitigation of punishment." The provisions of this Article are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...recognized as a defense to such acts of brutality, though, as the Charter here provides, the order may be urged in mitigation of the punishment. The true test,...
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Anuario de filosofía del derecho, Volume 1

1953 - 1102 pages
...c.) : «The provisions of this article — art. 8 — are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation of the international law of war has nevrr been recognized as a defence to such acts of brutaliy. The true lesl. which ifoiind in varying...
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International Law in Historical Perspective: The laws of war. Part IX-A

Dr. J. H. W. Verziji - 1978 - 572 pages
...mitigation of punishment.' The provisions of this Article are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...international law of war has never been recognized as a defence to such acts of brutality, though, as the Charter here provides, the order may be urged in...
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War and Moral Responsibility

Thomas Scanlon, Richard B. Brandt - 1974 - 196 pages
...orders. . . . The provisions of ... Article [Eight] are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...international law of war has never been recognized as a defence to such acts of brutality, though, as the Charter here provides, the order may be urged in...
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Superior Orders in National and International Law

Leslie C. Green - 1976 - 406 pages
...commenting on the statement in the Charter that this was in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...International Law of war has never been recognized as a defence to such acts of brutality, though, as the Charter here provides, the order may be urged in...
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Military Obedience

Nico Keijzer - 1978 - 352 pages
...never been recognized as a defence to such acts of brutality, though, as the Charter here provides, the order may be urged in mitigation of the punishment. The true test, which is found in varying degrees in the criminal law of most nations, is not the existence of the...
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Legacy of a War: American Soldier in Vietnam

Ellen Frey-Wouters, Robert S. Laufer - 1986 - 480 pages
...tribunal pointed out: The provisions of this article are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...recognized as a defense to such acts of brutality, though, as the Charter. . . provides, the order may be urged in mitigation of the punishment. The true test,...
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Legacy of a War: The American Soldier in Vietnam

Ellen Frey-Wouters, Robert S. Laufer - 1986 - 486 pages
...never been recognized as a defense to such acts of brutality, though, as the Charter. . . provides, the order may be urged in mitigation of the punishment. The true test, which is found in varying degrees in the criminal law of most nations, is not the existence of the...
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Israel Yearbook on Human Rights 1978, Volume 8

Yoram Dinstein - 1989 - 398 pages
...passage: The provisions of this Article [Article 8] are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation of the international law or war has never been recognized as a defence to such acts of 44. This Article says: The subordinate...
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Collective Responsibility: Five Decades of Debate in Theoretical and Applied ...

Larry May, Stacey Hoffman - 1991 - 310 pages
...orders. . . . The provisions of ... Article [Eight] are in conformity with the law of all nations. That a soldier was ordered to kill or torture in violation...recognized as a defense to such acts of brutality, though, as the Charter here provides, the order may be urged in mitigation of the punishment. The true test,...
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