In his evidence, German Vice Admiral Leopold Buerkner reinforced the disquiet of his high command. He told the Nuremberg judges that the German High Command secured a legal opinion "to the effect that even if the British had violated the Geneva Convention first by shackling German prisoners of war, as had been reported, for the Germans to institute reprisals was contrary to that Convention. I personally did all in my power to have this order withdrawn, as did Admiral Canaris, but we were unsuccessful."

The Nuremberg verdict said "Jodl testified he was strongly opposed on moral and legal grounds, but could not refuse to pass it on. He insists he tried to mitigate its harshness in practice by not informing Hitler when it was not carried out."

Nonetheless they concluded, "Participation in such crimes as these has never been required of any soldier and he cannot now shield himself behind a mythical requirement of soldierly obedience at all costs as his excuse for commission of these crimes." Jodl was hanged in 1946.

Ashcroft's military tribunals have yet to execute any of their prisoners in Afghanistan - and luckily for him the ICC did not take its cue from Texas and has no power to order executions. But one cannot help hoping that he is worried about more than Justice's naked breast. Let us hope that these are indeed trying times. (Globalvision News Network)

Ian Williams

also by Ian Williams: "Fallen WTC no longer matters"
http://www.japantoday.com/e/?content=comment&id=313

Article courtesy of Japan Today

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