The Nuremberg Defense is used by military personnel to claim that an order was illegal and would violate international law. Similarly, the Nurturing-Parent Doctrine in family law states that a parent who earns less due to caring for their child may not be required to pay more child support. The court evaluates each case to determine if this doctrine applies.
The Nuremberg defence is a legal argument utilised by military personnel and citizens facing charges of disobeying an order. It asserts that the order given was illegal and would result in a violation of international law. This defence can be employed by individuals accused of domestic crimes who argue that their actions were justified or mandated by international law. For instance, a soldier who refuses to carry out an order to commit war crimes could invoke the Nuremberg defence. Similarly, a protester who vandalizes government property to draw attention to human rights abuses could contend that their actions were necessary to uphold international law.
The nurturing-parent doctrine is a principle within family law that acknowledges the significance of a parent’s role in providing a nurturing environment for their child. This doctrine maintains that a court should not attribute income to a custodial parent who works less than full-time or stays at home to create a better environment for their child. For example, if a mother chooses to work part-time to spend more time with her child, the court would not penalize her by attributing income to her. This is because the court recognises that her decision to prioritize her child’s well-being is in the child’s best interest.
The Nuremberg Defense, also known as “superior orders defence,” is a legal defence that argues an individual should not be held responsible for their actions if they were following orders from a superior authority.
No, the Nuremberg Defense was not successful in the Nuremberg Trials. The International Military Tribunal rejected the defence, stating that individuals have a moral and legal duty to refuse to follow orders that involve committing crimes against humanity.
The Nuremberg Defense is generally not accepted as a valid defence in modern legal cases. It is considered a form of “command responsibility” and does not absolve individuals of their responsibility for their actions.
In some rare cases, where an individual had no reasonable opportunity to refuse or prevent the commission of a crime, the Nuremberg Defense might be considered valid. However, such cases are extremely rare and require strong evidence to support the claim.
Military personnel are generally expected to follow lawful orders. However, if an order is clearly illegal or violates international humanitarian law, military personnel have a duty to refuse and may not be able to use the Nuremberg Defense.
Political leaders, like military personnel, have a responsibility to ensure that their actions comply with international law. The Nuremberg Defense is unlikely to be successful for political leaders who are accused of crimes against humanity or war crimes.
The Nuremberg Defense is not applicable in cases of self-defence. It primarily pertains to situations where individuals are following orders from a superior authority, rather than acting in immediate self-defence.
The Nuremberg Defense is generally not applicable in cases of civil disobedience. Civil disobedience involves intentionally breaking the law to protest or challenge an unjust system, and individuals engaging in civil disobedience are aware of the potential legal consequences.
The Nuremberg Defense is not typically applicable in cases of corporate wrongdoing. Corporate executives and employees have a responsibility to act ethically and within the bounds of the law, regardless of orders or directives from superiors.
Using the Nuremberg Defense as a legal strategy can have serious consequences, including a negative impact on the defendant’s credibility and potential legal penalties. It is important to consult with a qualified legal professional to understand the specific implications in each case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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