Walking Away from Nuremberg
Just War and the Doctrine of Command Responsibility
Publication Year: 2007
Published by: University of Massachusetts Press
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Table of Contents
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There is no other person as qualified as Lawrence Rockwood to write this study of just war and command responsibility in the American military. His academic qualifications are absolutely first rate, but that is not the point. His study of both the long- standing traditions and the most recent applications of just war theory is thorough and insightful ...
Introduction - Nuremberg, Germany, November 20, 1945
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In his opening statement as the American chief counsel for the prosecution at the International Military Tribunal at Nuremberg, U.S. Supreme Court Justice Robert H. Jackson addressed the issue of whether the legacy of that tribunal would be simple “victor’s justice” or the establishment of principles of international reciprocity in holding ...
Chapter One - Just War Doctrine and General Order No. 100
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During the third year of the Civil War, the War Department issued the Instructions for the Government of the Armies of the United States in the Field—known officially as General Order No. 100 and unofficially as the Lieber Code—to the deployed forces of the United States Army. In a 1963 edition of the International Review of the Red Cross, ...
Chapter Two - The Doctrinal Development of the American Military Profession
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The future author of a book that would serve as scripture for the conservative political realists of late twentieth- century American military and diplomatic officialdom, Carl von Clausewitz, was serving as a staff officer in the rear guard of the Prussian forces seeking to cut off the French forces trying to reinforce Napoleon at Waterloo. A few miles ...
Chapter Three - Command Responsibility and the Meaning of Nuremberg
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The World War II–era American war crimes program established a standard of command responsibility as part of a wider American war crimes policy. The central tenets of command responsibility and superior orders were first initiated as a change in military doctrine and were later imposed by U.S. military tribunals on defendants of the defeated ...
Chapter Four - The American Military Ethic in the Early Cold War
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On July 25, 1950, four years, six months, and five days after American soldiers executed his order and placed a noose around the neck of General Tomoyuki Yamashita, Imperial Japanese Army, General of the Army Douglas MacArthur was still serving as the Supreme Allied Commander in the Pacific. The forces under his operational control ...
Chapter Five - Command Responsibility and the My Lai Massacre
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On March 16, 1996, I went to the little village of Son My in Vietnam on the 28th anniversary of the My Lai Massacre, the event having been so named because American military personnel incorrectly labeled the village in which the atrocity occurred. After identifying myself as a U.S. Army officer out of uniform, I met and had tea with Pham Th�nh ...
Chapter Six - The 1977 Geneva Protocol I and Post-Vietnam Military Doctrine
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Over the course of the decade and a half following the end of the Second Indochina War, the U.S. military profession underwent doctrinal and organizational revolutions as it reassessed the nature of its association with American civil society and its image of itself. Specifically, the attitudes of official and military authorities toward developments ...
Conclusion - Drinking from the Poisoned Chalice
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In the fifth century, Augustine individually addressed military professionals on the proper or “just” conduct of their profession without deference to the concepts of either political realism or legal positivism. Many modern authorities echo Augustine’s antagonism toward mere legalism or the mere “sovereignty” of the state as foundations for ...
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Page Count: 272
Publication Year: 2007