Political apologists for torture and war crimes are lining up to defend CIA Director nominee Gina Haspel, who was involved in black op torture and destruction of evidence about these operations — nothing to see here!? In honor of this surreal and criminal debate directly out of the Nazi war criminal playbook, the so-called Nuremberg defense of “just following orders,” which was famously declared as no defense, I offer this FREE POLITICAL POSTER: CIA Director Nominee Gina Haspel Tortuously Testifies At Nuremberg War Crimes Trials.
The Intercept article, WASHINGTON BREAKS OUT THE “JUST FOLLOWING ORDERS” NAZI DEFENSE FOR CIA DIRECTOR-DESIGNATE GINA HASPEL, sums up this tragic ignoring of history and international law:
DURING THE NUREMBERG TRIALS after World War II, several Nazis, including top German generals Alfred Jodl and Wilhelm Keitel, claimed they were not guilty of the tribunal’s charges because they had been acting at the directive of their superiors.
Ever since, this justification has been popularly known as the “Nuremberg defense,” in which the accused states they were “only following orders.”
The Nuremberg judges rejected the Nuremberg defense, and both Jodl and Keitel were hanged. The United Nations International Law Commission later codified the underlying principle from Nuremberg as “the fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.”
This is likely the most famous declaration in the history of international law and is as settled as anything possibly can be.
However, many members of the Washington, D.C. elite are now stating that it, in fact, is a legitimate defense for American officials who violate international law to claim they were just following orders.
Specifically, they say Gina Haspel, a top CIA officer whom President Donald Trump has designated to be the agency’s next director, bears no responsibility for the torture she supervised during George W. Bush’s administration.
Haspel oversaw a secret “black site” in Thailand, at which prisoners were waterboarded and subjected to other severe forms of abuse. Haspel later participated in the destruction of the CIA’s videotapes of some of its torture sessions…
…Texas Republican Rep. Will Hurd used the precise language of the Nuremberg defense during a Tuesday appearance on CNN when Wolf Blitzer asked him to respond to a statement from Sen. John McCain, R-Ariz.: “The Senate must do its job in scrutinizing the record and involvement of Gina Haspel in this disgraceful program.”
Hurd, a member of the House Intelligence Committee and a former CIA operative as well, told Blitzer that “this wasn’t Gina’s idea. She was following orders. … She implemented orders and was doing her job.”
Hurd also told Blitzer, “You have to remember where we were at that moment, thinking that another attack was going to happen.”
This is another defense that is explicitly illegitimate under international law. The U.N. Convention Against Torture, which was transmitted to the Senate by Ronald Reagan in 1988, states that “no exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.”
As is often repeated in history, “Those who fail to learn from history are doomed to repeat it.”