"Just following orders" revisited

 By Lawrence Helm

            Now that Speranza has referred to some of my blog posts about Eichmann, I suppose I ought to say something.  When someone today says that she goes into a rage when some soldier says they were only following orders, I wonder if they haven' fallen into a time-loop from the Anti-War 60s.  The anti-American Communist Party-Line coming has collapsed; so if one wants to know what the Party "would have said" they must warm up some 60s instructions.

            Consider the problem in France after World War II [from page 201 of Beevor & Cooper's Paris, After the Liberation, 1944-1949]: "Communist attempts to establish a monopoly of working-class leadership were damaged from an unexpected direction.  The centerpiece of their propaganda in 1945 was the heroism of the Red Army.  But when the party strove to win over the recently returned prisoners of war and deportees, it discovered that many had returned to France horrified by the rape, looting and murder they had witnessed in the Soviet zone of occupied Germany.  Their stories spread.  Communist leaders in Paris were beside themselves with rage.  'No word against the Red Army must be permitted!' thundered Andre Marty at a mass meeting.  Posters appeared attacking those 'cynical Hitlerian scoundrels' who had infiltrated themselves 'to spread anti-Soviet calumnies' against 'the soldiers of the glorious Red Army who have saved the civilized world'."

            Earlier, beginning on page 197, Beevor and Cantor tell us, "In 1945, the French Communist Party was the most powerful political organization in the country, controlling a number of front organizations -- the National Front, the Union of French Women, the Union of French Republican Youth, a veterans' association and most of the largest unions within the CGT, the Confederation Generale du Travail.  But there were some striking weaknesses, especially in Paris and its suburbs, where membership had not even climbed back to the level of 1938.  Benoit Frachon, the Communist head of the CGT trades union movement, reported to Moscow: 'the principle reason . . . is due to a certain temporary disappointment among workers.  The workers were counting on a fundamental revolution in France and on social liberation immediately after the Germans were chased out.'  But what Frachon does not mention is that the loss of workers in the ceinture rouge suburbs was greater than acknowledge.  Their loss was partly camouflaged by the number of intellectuals joining the party in central Paris." 

            On page 200, Beevor and Cantor tell us the Communist Party was in an ideal position to make their "orders" available not only to the French Communists, but to the ordinary public.  Some of us in American worry about our "Press" being dominated by our anti-American "Left," but the French were in even worse straits after the war:  "The opportunities for expansion had been greatly increased at the Liberation, when buildings belonging to collaborationist organizations were expropriated.  The party's daily newspaper L'Humanite, for example, took over the building in the rue d'Enghien which had belonged to the populist newspaper Le Petit Parisien.

            "The Party owned a bank, the Banque du Nord, and a shipping line, France Navigation, which had been taken over during the Spanish Civil War, and was almost certainly bought with part of the gold reserves of the Spanish Republic, used to purchase Soviet military supplies. 

            "The party's publishing empire was huge, both in Paris and in the provinces.  It had twelve daily newspapers and forty-seven weeklies.  In addition, the Communist-run coalition, the National Front, had seventeen weeklies, all tightly controlled.  Instructions for 'political orientation' were issued each day to all provincial newspapers controlled by their front organization."

            COMMENT:  Note that the "rage" the French Communist party went into was after learning that some returning prisoners of war and deportees might report on the Red Army's "rape, looting and murder" they had witnessed.  This "rage" was directed against the witnesses to these rapes, lootings and murders and not against the Red-Army soldiers who committed these crimes.  Did this aforementioned lady who feels rage when she hears some [presumably American] soldier say "I was only following orders" (where she hears this she doesn't say) also feel rage when she heard about the aforementioned deprivations of the Red Army?

            The cynicism of the Left warming-over the 60s era Communist Party Line might put me into a rage if I was inclined to feel rage; which I am not.  I am merely a former Marine who has been interested in defending my country's interests.  I'll leave the "violence" and "rage" to the anti-American Pacifist Left.

            NOTE:  I've left intact the R. Paul-Speranza's research on the matter of whether a soldier ought always to obey superior.  Note that this information appears on an American military web site.  The French Communists issuing the daily "orders" to a gullible French public knew their beloved Red Army would never offer such information to their soldiers.

Lawrence Helm

-----Original Message-----
From: Jlsperanza
Sent: Monday, May 24, 2010 3:19 PM

[cut]

In an earlier message dated 5/24/2010 6:45:47 P.M.,  [R. Paul writes]:

The phrase 'I was only following orders,' became  Eichmann's refrain in

Jerusalem, and nearly the only defense of his actions he  offered. In fact, I'd

say it was he who contributed it to the lexicon of  cynicism.

----

I think if you write "Speranza Eichmann" in google  you get Helm's hit!

--- So blame HIM!

But then there's 

'due obedience'. What does it stand for:

"I was only doing my  job".

Some fragments from the wiki entry on 'superior orders', below.

J. L. Speranza, Bordighera, etc.

---

            "Superior Orders (often known as the Nuremberg Defense or Lawful  Orders)

is a plea in a court of law that a soldier not be held guilty for  actions

which were ordered by a superior office.[1]"

            "The superior orders defense is similar to the doctrine of respondeat 

superior in tort law where a superior is held liable for the actions of a 

subordinate, and the subordinate may escape liability.[2] Legal scholars and war 

crimes tribunals define the superior orders plea as the complement to

Command  responsibility and may correlate or distinguish the plea from the

doctrine of  respondeat superior.[3]"

            "One of the most noted uses of this defense was by the accused in the 

1945-46 Nuremberg Trials, such that it is also called the "Nuremberg Defense." 

The Nuremberg Trials were a series of military tribunals, held by the main 

victorious Allied forces of World War II, most notable for the prosecution

of  prominent members of the political, military, and economic leadership of

the  defeated Nazi Germany. It was during these trials, under the London

Charter of  the International Military Tribunal which set them up, that the

defense of  "Superior Orders" was no longer considered enough to escape

punishment; but  merely enough to lessen punishment.[4]"

            "However, the defense of "Superior Orders" has been used both before  and

after the Nuremberg Trials."

            "The trial of Peter von Hagenbach

            See also: Command  responsibility

Hagenbach on trial, from Berner Chronik des Diebold  Schilling dem Älteren

In 1474, in the trial of Peter von Hagenbach by an ad  hoc tribunal of the

Holy Roman Empire, there was the first known "international"  recognition

of commanders' obligations to act lawfully.[5][6] Hagenbach offered  the

defense that he was just following orders, but this defense was rejected and  he

was convicted of war crimes and beheaded.[7]

            Specifically, Hagenbach was  put on trial for atrocities committed under

his command but not by him directly,  during the occupation of Breisach. This

was the earliest modern European example  of the doctrine of command

responsibility.[7][8] Since he was convicted for  crimes "he as a knight was deemed

to have a duty to prevent," Hagenbach defended  himself by arguing that he

was only following orders[5][9] from the Duke of  Burgundy, Charles the

Bold, to whom the Holy Roman Empire had given  Breisach.[10] This defense was

rejected."

            "On June 4, 1921, the legal doctrine of "Superior Orders" was used during 

the German Military Trials that took place after World War I: 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.[11] Even though he frankly admitted to having sunk the ship, he

stated  that he had done so on the basis of orders supplied to him by the

German  Admiralty; and as such, he could not be held liable for his actions.

The Leipsic  Supreme Court (Germany's Supreme Court) acquitted him, accepting

the defense of  superior orders as a grounds to escape criminal

liability.[12] Further, that  very Court had this to say in the matter of Superior

Orders:

            "… that all  civilized nations recognize the principle that a subordinate

is covered by the  orders of his superiors.[13]

Many accused of war crimes were acquitted on a  similar defense, creating

immense dissatisfaction amongst the Allies; this has  been thought to be one

of the main causes for the specific removal of this  defense in the London

Charter of the International Military Tribunal, which has  been attributed to

the actions of Robert H. Jackson, a Justice of the United  States Supreme

Court, who was appointed Chief Prosecutor at the Nuremberg  Trials."

            "In 1945 and 1946, during the Nuremberg Trials the issue of Superior Orders

 again arose: These trials gained so much attention that the "Superior

Orders  defense" has subsequently become interchangeable with the label,

"Nuremberg  Defense." This is a legal defense that essentially states that the

defendant was  "only following orders" ("Befehl ist Befehl", literally "order is

order") and is  therefore not responsible for his or her crimes."

            "Before the end of World War II, the Allies suspected such a defense  might

be employed, and issued the London Charter of the International Military 

Tribunal (IMT), which specifically stated that following an unlawful order is

 not a valid defense against charges of war crimes.

Thus, under Nuremberg  Principle IV, "defense of superior orders" is not a

defense for war crimes,  although it might influence a sentencing authority

to lessen the penalty.  Nuremberg Principle IV states:

"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."

            During the Nuremberg trials, Wilhelm Keitel, Alfred Jodl  and other

defendants unsuccessfully used the defense.

            (Before the trials,  there was little consensus amongst the Allies as to

what was to be done with the  Nazi war prisoners. Winston Churchill was

inclined to have the leaders 'executed  as outlaws'.[14] The Soviets desired

trials, but wished there to be a  presumption of guilt, as opposed to the

procedural presumption of innocence that  accompanies most western criminal

trials.[15])"

            "The defense of "Superior Orders" again arose in the 1961 trial of  Adolf

Eichmann in Israel, as well as the trial of Alfredo Astiz of Argentina, 

responsible for a large number of disappearances and kidnappings that took place

 during that nation's transfer to democracy.

            Following the My Lai Massacre in  1968, the defense was employed during the

court martial of William Calley. 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.[16] Secretary of

the Army Howard Callaway was quoted in the  New York Times as stating that

Calley's sentence was reduced because Calley  honestly believed that what he

did was a part of his orders — a rationale that  stands in direct

contradiction of the standards set at Nuremberg and Tokyo,  where German and Japanese

soldiers were executed for similar acts.

            In 1996,  the "Superior Orders" defense was successfully used by Erich

Priebke, although  the verdict was appealed and he was later convicted[citation

needed]. It was  used with varying degrees of success by those involved in

the Hostages  Trial[citation needed]."

            "The 1998 Rome Statute of the International Criminal Court

It could  be argued that a version of the Superior Orders defense can be

found as a  defense to international crimes in the Rome Statute of the

International  Criminal Court. (The Rome Statute was agreed upon in 1998 as the

foundational  document of the International Criminal Court, established to try

those  individuals accused of serious international crimes.) Article 33,

titled  "Superior Orders and prescription of law,"[17] states:"

----

            1. The fact that a crime within the jurisdiction of the Court has been 

committed by a person pursuant to an order of a Government or of a superior, 

whether military or civilian, shall not relieve that person of criminal 

responsibility unless:

            (a) The person was under a legal obligation to obey orders of the 

Government or the superior in question;

            (b) The person did not know that the order was unlawful; and

            (c) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit genocide or crimes 

against humanity are manifestly unlawful.

-----

            There are two interpretations of this Article:

            This formulation, especially (1)(a), whilst effectively prohibiting the use

 of the Nuremberg Defense in relation to charges of genocide and crimes

against  humanity, does however, appear to allow the Nuremberg Defense to be

used as a  protection against charges of war crimes, provided the relevant

criteria are  met.

            Nevertheless, this interpretation of ICC Article 33 is open to debate:  For

example Article 33 (1)(c) protects the defendant only if "the order was not

 manifestly unlawful." The "order" could be considered "unlawful" if we

consider  Nuremberg Principle IV to be the applicable "law" in this case. If

so, then the  defendant is not protected. Discussion as to whether or not

Nuremberg Prinicple  IV is the applicable law in this case is found in a

discussion of the Nuremberg  Principles' power or lack of power.

            "Nuremberg Principle IV, and its reference to an individual's 

responsibility, was at issue in Canada in the case of Hinzman v. Canada. Jeremy  Hinzman

was a U.S. Army deserter who claimed refugee status in Canada as a 

conscientious objector, one of many Iraq War resisters. Hinzman's lawyer, (at  that

time Jeffry House), had previously raised the issue of the legality of the 

Iraq War as having a bearing on their case. The Federal Court ruling was 

released on March 31, 2006, and denied the refugee status claim.[18][19] In

the  decision, Justice Anne L. Mactavish addressed the issue of personal 

responsibility:

            "An individual must be involved at the policy-making level to  be culpable

for a crime against peace ... the ordinary foot soldier is not  expected to

make his or her own personal assessment as to the legality of a  conflict.

Similarly, such an individual cannot be held criminally responsible  for

fighting in support of an illegal war, assuming that his or her personal 

war-time conduct is otherwise proper."[18] [20]"

            "On Nov 15, 2007, a quorum of the Supreme Court of Canada made of Justices 

Michel Bastarache, Rosalie Abella, and Louise Charron refused an

application to  have the Court hear the case on appeal, without giving reasons.[21] 

[22]

            "... in written arguments to the Supreme Court of Canada, Mr. House pointed

 out that although our courts have so far refused to grant refugee status

to  Americans soldiers who are deserting military duty out of moral objection

to the  war in Iraq, in 1995 the Federal Court of Appeal granted refugee

status to a  deserter from Saddam Hussein's armed incursion into Kuwait, on

the basis that he  should not be compelled to take part in an illegal war.

            "The courts are taking one stance for Saddam Hussein's soldiers and another

 one entirely for American soldiers," Mr. House said.[23]

See also: Jeremy  Hinzman, Anne L. Mactavish, and Canada and Iraq War

resisters

            "In June 2006, during the Iraq War, Ehren Watada refused to go to Iraq on 

account of his belief that the Iraq war was a crime against peace (waging a

war  of aggression for territorial aggrandizement), which he believed could

make him  liable for prosecution under the command responsibility doctrine.

In this case,  the judge ruled that soldiers, in general, are not

responsible for determining  whether the order to go to war itself is a lawful order -

but are only  responsible for those orders resulting in a specific

application of military  force, such as an order to shoot civilians, or to treat

POWs inconsistently with  the Geneva Conventions. This is consistent with the

Nuremberg Defense, as only  the civilian and military principals of the Axis

were charged with crimes  against peace, while subordinate military

officials were not so  charged.[24]

            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.[25][26][27]"

            "The below overview of history shows a notable lack of consistency in 

rulings on the issue of Superior Orders.

            This is an incomplete list [. . .]

(For overview purposes, the  below table attempts to capsulize much of the

history in the above article. It  is based on references above. To navigate

to those supporting references and  further information for each case, click

on "see details" for each  case.)

            DatePreceding ContextJurisdiction / decisionmakerDefendant(s) or 

case(s)[found] "responsible" despite Superior Orders[found] "not responsible" 

because of Superior Orders

1474

the occupation of Breisachad hoc tribunal of the Holy Roman EmpirePeter von

 Hagenbachyes (see details)

1921

World War IGermany's Supreme Court (trials after World War I)Lieutenant 

Karl Neumann and othersyes (see details)

1945

World War IINuremberg trials after World War IIall defendantsyes (see 

details)

1998

preparation for future casesRome Statute of the International Criminal 

Courtfuture cases under Article 33 of the Rome Statute of the International 

Criminal Courtpossibly in cases of genocide (see details)possibly in cases

other  than genocide (see details)

2006

Iraq WarJustice Anne L. Mactavish - Federal Court (Canada)Jeremy Hinzman 

(refugee applicant)equivalent to yes* (see details)

"*" Hinzman was not  on trial for something he did in battle. However, if

the principle of this  particular judge's ruling had applied to such a trial,

then Hinzman would have  been found "not responsible" because of Superior

Orders. (see details)"

"Arguments for and against"

            This "Superior Orders" defense is still used with the following  rationale

in the following scenario: An "order" may come from one's superior at  the

level of national law. But according to Nuremberg Principle IV, such an 

order is sometimes "unlawful" according to international law. Such an "unlawful 

order" presents a legal dilemma from which there is no legal escape: On one

 hand, a person who refuses such an unlawful order faces the possibility of

legal  punishment at the national level for refusing orders. On the other

hand, a  person who accepts such an unlawful order faces the possibility of

legal  punishment at the international level (eg. Nuremberg Trials) for

committing  unlawful acts. Therefore this is a Catch-22 legal dilemma.

Nuremberg  Principle II responds to that dilemma by stating: "The fact that

internal law  does not impose a penalty for an act which constitutes a

crime under  international law does not relieve the person who committed the act

from  responsibility under international law."[28]"

            "The above scenario might present a legal dilemma, but Nuremberg Principle 

IV speaks of "a moral choice" as being just as important as "legal"

decisions:  It states: "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"."

            "In "moral choices" or ethical dilemmas an ethical decision is often  made

by appealing to a "higher ethic" such as ethics in religion or secular 

ethics. One such "higher ethic," which is found in many religions and also in 

secular ethics, is the "ethic of reciprocity," or the Golden Rule. It states 

that one has a right to just treatment, and therefore has a reciprocal 

responsibility to ensure justice for others. "Higher ethics," such as those, 

could be used by an individual to solve the legal dilemma presented by the 

"Superior Orders" defense."

            "Another argument against the use of the "Superior Orders" defense (ie.  "I

was just following orders") is that it does not follow the traditional

legal  definitions and categories established under criminal law. Under criminal

law, a  principal is any actor who is primarily responsible for a criminal

offense.[29]  Such an actor is distinguished from others who may also be

subject to criminal  liability as accomplices, accessories or conspirators."

            "Nuremberg Principle IV, the international law which counters the  Superior

Orders defense, is legally supported by the jurisprudence found in  certain

articles in the Universal Declaration of Human Rights which deal 

indirectly with conscientious objection. It is also supported by the principles 

found in paragraph 171 of the Handbook on Procedures and Criteria for 

Determining Refugee Status which was issued by the Office of the United Nations  High

Commissioner for Refugees (UNHCR). Those principles deal with the 

conditions under which conscientious objectors can apply for refugee status in 

another country if they face persecution in their own country for refusing to 

participate in an illegal war."

            In popular culture

            "In the Christopher Buckley novel Thank You for Smoking and its film 

adaptation, the main character Nick Naylor justifies his career to a reporter by 

telling her that "Everybody has a mortgage to pay," and referring to his 

response as the "Yuppie Nuremberg Defense."

            "The play and film A Few Good Men revolves around the question of the 

culpability of officers giving orders which they knew to be illegal, and the 

culpability of the soldiers under their command for following such orders,

when  such orders resulted in unintended and unforeseen consequences."

"See also

Command responsibility

Milgram Experiment

Nuremberg  Principle IV

Nuremberg Principles

Peter von Hagenbach

Respondeat  superior

Vicarious liability"

References

^ See L.C. Green, Superior  Orders in National and International Law, (A.W.

Sijthoff International  Publishing Co., Netherlands, 1976)

^ See Harvard Law Review Editorial Board,  The Doctrine of Respondeat

Superior, Harvard Law Review, Vol. 17, No. 1. pp.  51-2, 17 Harv. L. Rev. 51

(Nov., 1903).

^ See James B. Insco, Defense of  Superior Orders Before Military

Commissions, Duke Journal of Comparative and  International Law, 13 DUKEJCIL 389

(Spring, 2003). Asserting in the author's  view that a respondeat superior

approach to superior orders is an  "underinclusive extreme."

^ H.T. King, Jr., The Legacy of Nuremberg, Case  Western Journal of

International Law, Vol. 34. (Fall 2002) at pg. 335.e

^ a b  The evolution of individual criminal responsibility under

international law By  Edoardo Greppi, Associate Professor of International Law at the

University of  Turin, Italy, International Committee of the Red Cross No.

835, p. 531-553,  October 30, 1999.

^ Exhibit highlights the first international war crimes  tribunal by Linda

Grant, Harvard Law Bulletin.

^ a b An Introduction to the  International Criminal Court William A.

Schabas, Cambridge University Press,  Third Edition

^ Command Responsibility The Mens Rea Requirement, By Eugenia  Levine,

Global Policy Forum, February 2005

^ Judge and master By Don Murray,  CBC News, July 18, 2002.

^ The Perennial Conflict Between International  Criminal Justice and

Realpolitik February 10, 2006 Draft by M. Cherif Bassiouni  -Distinguished

Research Professor of Law and President, International Human  Rights Law Institute,

DePaul University College of Law, To be Presented March  14, 2006 as the

38th Henry J. Miller Distinguished Lecture, Georgia State  University College

of Law, and to appear in the Georgia State University Law  Review

^ New York Times (June 5, 1921). "FREE MAN WHO SANK A HOSPITAL SHIP; 

Leipsic Judges Acquit Neumann on the Ground That He Acted Under Orders. HE 

ADMITTED TORPEDOING Prosecutor Demanded Acquittal, Calling Dover Castle Culpable 

in Carrying Wounded Soldiers.". New York Times. 

http://query.nytimes.com/gst/abstract.html?res=9C04EEDA1739E133A25756C0A9609C946095D6CF.  Retrieved 10

April 2010.

^ Anon., "German War Trials: Judgement in Case of  Commander Karl Neumann"

, The American Journal of International Law, Vol. 16, No.  4. (Oct., 1922)

at pg. 704-708.

^ G.A. Finch, Superior Orders and War Crimes,  The American Journal of

International Law, Vol. 15, No. 3. (Jul., 1921) at pg.  440-445.

^ "Churchill: execute Hitler without trial". The Times (Times  Newspapers

Limited). 2006-01-01. 

http://www.timesonline.co.uk/tol/news/uk/article784041.ece. Retrieved  2008-02-08.

^ K.C. Moghalu, Global Justice: The Politics of War Crime  Trials,

(Greenwood Publishers, 2006), sourced from Google Books.

^ Marshall,  Burke; Goldstein, Joseph (2 April 1976). "Learning From My

Lai: A Proposal on  War Crimes". The New York Times. p. 26.

^ Rome Statute of the International  Criminal Court (10 November 1998 and

12 July 1999). "Rome Statute of the  International Criminal Court; Part 3:

General Principles of Criminal Law;  Article 33: Superior orders and

prescription of law". Rome Statute of the  International Criminal Court. 

http://untreaty.un.org/cod/icc/statute/romefra.htm. Retrieved 21 March 2010. 

^ a b Mernagh, M. (2006-05-18). "AWOL GIs Dealt Legal Blow". Toronto's Now 

Magazine. 

http://www.nowtoronto.com/news/story.cfm?content=153504&archive=25,38,2006.  Retrieved 2008-06-02.

^ "Hinzman v. Canada (Minister of Citizenship and  Immigration) (F.C.),

2006 FC 420". Office of the Commisioner for Federal  Judicial Affairs. pp. (see

Held, Para. (1)). 

http://reports.fja.gc.ca/eng/2006/2006fc420/2006fc420.html. Retrieved  2008-06-16.

^ Hinzman v. Canada Federal Court decision. Paras (157) and  (158).

Accessed 2008-06-18

^ CBC News (2007-11-15). "Top court refuses to  hear cases of U.S.

deserters". CBC News. 

http://www.cbc.ca/canada/story/2007/11/15/hinzman-decision.html. Retrieved  2008-06-02.

^ "Supreme Court of Canada - Decisions - Bulletin of November  16, 2007,

(See Sections 32111 and 32112)". 

http://scc.lexum.umontreal.ca/en/bulletin/2007/07-11-16.bul/07-11-16.bul.html. 

^ Hill, Lawrence (November 24, 2007). "Just desertions". Ottawa Citizen. 

http://www.canada.com/ottawacitizen/news/story.html?id=16d90480-ccf6-4e3d-9848

-ae35143e7685&p=1.  Retrieved 30 January 2009.

^ Soldier's Iraq war stance backed: Watada has  right to refuse to go,

retired officer says, Seattle Post-Intelligencer, June  20, 2006.

^ Guilty Associations: Joint Criminal Enterprise, Command  Responsibility,

and the Development of International Criminal Law HTML version  by Allison

Marston Danner and Jenny S. Martinez, September 15, 2004

^ Command  Responsibility - An International Focus by Anne E. Mahle, PBS

^ Command,  superior and ministerial responsibility by Robin Rowland, CBC N

ews Online, May  6, 2004

^ International Committee of the Red Cross (ICRC) References  Principles of

International Law Recognized in the Charter of the Nüremberg  Tribunal and

in the Judgment of the Tribunal, 1950: Introduction

^ See, e.g.,  Superior Growers, 982 F.2d at 177-78; United States v. Campa,

679 F.2d 1006,  1013 (lst Cir. 1982).

External link

usmilitary.about.com: To Obey or Not to  Obey