Story display


ID:

533

Date:

2009-09-01

Headline:

American Diplomats Advocated "Nuremberg Defense"

Reporter's name:

Scott Horton

Delay/denial:

No

Lawsuit:

No

Fees:

No

Media outlet:

Huffington Post

City:

New York, NY

Summary:

State Department officials repeatedly argued for a "good soldier" or "Nuremberg defense," that government agents charged with seizing and/or holding people in violation of international law be allowed to claim a defense of acting in "good faith" on representations that such activities were legal, despite international disdain for such arguments (including earlier American-aided prosecutions of defendants making such claims).

Notes:

The American Civil Liberties Union used FOIA to obtain two documents from the State Department, which had lobbied for the changes as part of negotiations on a proposed "Convention on the Protection of All Persons from Enforced Disappearances" in 2004 and 2006. Documents from the Bush Administration's Office of Legal Counsel within the Department of Justice had embedded these principles in domestic American law via 2005-06 legislation, but those changes only apply within the American legal system.

Keywords:

State Department, Department of Justice, DOJ, Office of Legal Counsel, OLC, American Civil Liberties Union, ACLU, "Nuremberg defense", extraordinary rendition, disappearing, disappearance, international law, diplomat, "Convention on the Protection of All Persons from Enforced Disappearances", George W. Bush, Barack Obama, black sites, ghost detainees, Poland, Lithuania, Morocco, Pakistan, Afghanistan, Thailand, Detainee Treatment Act of 2005, Military Commissions Act of 2006

URL:

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


Agencies:

DOJ
STATE

States:

DC

Categories:

foreign affairs
military


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