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Judgment at Nuremberg on Roman Holiday

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Today, I remind my Kossack friends of some recent history that most of them have less reason to remember than I do.

The Rome Statute of the International Criminal Court is a multilateral treaty that has been cooking since WWII, but delayed by the Cold War.  

It finally came to fruition in 1998 and quickly attracted enough signatures to go into effect among the signatories, but most of the world's population is not under the Rome Statute except in the sense that you need not live in a signatory state to be brought to book for violations.

The Rome Statute creates four crimes of universal jurisdiction and a forum to try them should municipal courts be inadequate to the task.  In these four crimes, you can see that the roots of the Rome Statute are in the Nuremberg Tribunal and therefore are a creation of American thought.  Churchill and Stalin both opposed putting the Nazi leadership on public trial, although both favored hanging them.

The US view prevailed and the tribunal survived the embarrassment of Hermann Goering's attempt to put forward tu quoque as a defense and in modern times the "Nuremberg Principle" is that "following orders" is not a defense to the most odious crimes, a principle that is taught--however perfunctorily--to all American GIs.

In the international law of human rights, I suggest, the United States has snatched defeat from the jaws of the Nuremberg victory.


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