human-rights military laws-of-war
Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
<p>Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?</p>
<ul>
<li><p>Democratic is of course a gray scale so give that condition the benefit of a doubt when it is questionable (e.g.m South Africa during apartheid was reasonably democratic (I think) if you where white but not black, and examples from that period would be relevant).</p>
</li>
<li><p>The prosecution doesn't have to had taken place in some international court for war criminals, regular national courts, military courts etc are also interesting.</p>
</li>
<li><p>The conviction doesn't have to explicitly refer to the fourth Nuremberg principle but should be based on the same &quot;thinking&quot; - just following an order or a law doesn't excuse actions that violates basic human rights.</p>
</li>
</ul>
<p>I am especially interested in cases where non-fighting personnel is involved. E.g., some bureaucrat administrating forced relocation of the civilian population or similar.</p>
<p>I could guess that potential candidates are the Vietnam war, Israel, South Africa during apartheid/the reconciliation process, some of France's adventures in Africa after colonialism etc.</p>

<h2><a href="https://en.wikipedia.org/wiki/William_Calley" rel="noreferrer">William Calley</a></h2>
<p>Convicted of 22 counts of premeditated murder during the My Lai massacre, during his defence he testified:</p>
<blockquote>
<p>Well, I was ordered to go in there and destroy the enemy. That was my job on that day. That was the mission I was given. I did not sit down and think in terms of men, women, and children. They were all classified the same, and that was the classification that we dealt with, just as enemy soldiers...I felt then and I still do that I acted as I was directed, and I carried out the orders that I was given, and I do not feel wrong in doing so, sir.</p>
</blockquote>
<p>It didn't work.</p>

<h2><a href="https://en.wikipedia.org/wiki/John_Demjanjuk" rel="nofollow noreferrer">John Demjanjuk</a></h2>
<p>He was convicted of assistance to murder in 28060 (!) cases. He was only assistant in the concentration camp of Sobibor and as such only recipient of orders. The court however ruled that being part of a &quot;mass murder machine&quot; is enough to be held responsible.</p>
<p>Formally, the sentence never came to force though, because the appeal court did not decide before the accused passed away, aged 91. Note that these crimes where convicted before the Nuremburg trial.</p>
