May 18, 2004

So Close

The Rocky Mountain News editorial page:

So Lynndie England, the woman at the heart of the Abu Ghraib torture scandal, has invoked the Nuremberg defense. As the MP photographed holding a leash attached to an Iraqi prisoner told Denver News 4's Brian Maass last week, she was just following orders from "persons in my higher chain of command."

But the "just following orders" defense against war crimes charges, so frequently used in the Nazi war crimes trials after World War II, has been thoroughly discredited. Indeed, the Principles of the Nuremberg Tribunal clearly state that "the fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

When it comes to war crimes that's true, but our government and its employees use that sort of defense every day. It's no more valid than in war time situations, but we have learned to accept it. When an IRS agent seizes a person's possessions the agent says, Well, it's the law. When a judge sentences someone to decades in prison for simple drug possession the judge says, Sorry, but the law compels me.

Personal responsibility should override higher authority in every case, not just in war time.

Posted by Walter at May 18, 2004 11:09 PM
Comments

Like any other sort of civil disobedience, one must be ready to live with the consequences of taking personal moral responsibility, rather than simply "following orders." That doesn't mean one shouldn't, but the natural tension between the rule of law and personal judgement makes it a necessary cost to the individual to (hopefully) drive societal change.

Posted by: ***Dave at May 18, 2004 11:13 PM

Walter, surely you know that personal responsibility is no longer considered anything worth foisting on the people? They'd only screw it up anyhow. Better to let our betters tell us what to do and how to do it, and ignore this foolish call to take responsibility for ourselves. </sarcasm>

Posted by: Andrew at May 19, 2004 10:47 AM

We have a problem here. If the soldiers took personal responsibility they would have refused to go to Iraq in the first place. When you join the service you pledge to "uphold the constitution", as Iraq is an unconstitutional war every single soldier who supports this war does it at the expense of breaking their pledge. If they were to uphold their pledge then they would have demanded the congress declare war before they departed, in order to be able to uphold their pledge. So at what point should they start taking personal responsibility? They didn't take responsibility when going there, so it is not surprising when they don't take responsibility once there. (Note: this is not an antiwar position, it is a pro constitution position, even those who support the war should have demanded that the rules for declaring war laid out in the constitution be followed, because without our constitution America is just a piece of land).

Posted by: severin at May 19, 2004 05:15 PM

Great point severin, even though what you suggest as being constitutional goes against our MO of the past decade and a half. It was so easy this time because we have been systematically doing away with the need for congressional approval.

Another scary thing about the England defense is the seriousness in which she and her atty deliver it, as well as the credibility it is given in mainstream media. I would feel far more comfortable if she and the others owned up to what they did deciding it was wrong, and then helped the courts to go after the higher ups in the food chain.

Posted by: Khalil at May 20, 2004 10:12 AM

I know it is so far different from the MO over the last 100 years or so but damnit there is no time like the present to try and change things, imagine if only 1000 troops refused to go to Iraq based on constitutional issues and they got on TV and news radio discussing the situation what that would have on the publics conscience. Sure they would be risking court martial, but if it were me I would rather go to jail then to war anyways especially one like this where the US was not really threatened by Iraq.

Posted by: severin at May 20, 2004 01:18 PM