Nuremberg defense

Noun

Nuremberg defense (plural Nuremberg defenses)

1. (US, idiomatic, international law) An explanation offered as an excuse for behaving in a criminal or wrongful manner, claiming that one acted in this way because one was ordered by others (particularly superiors) to do so.
   • “‘Nuremberg defense’, universally pleaded in war crimes trials,” is in actuality the Nuremberg nondefense, universally rejected in war crimes trials. It is a pity that the law of the Nuremberg Tribunal is so little understood after the passage of nearly a quarter of a century.1970 September, R. R. Baxter, “‘Nuremberg Defense’ Beclouded [letter]”, in Richard B. Allen, editor, ABA Journal: The Lawyer’s Magazine, volume 56, Chicago, Ill.: American Bar Association, →ISSN...
   • Recognition of the reliance on an official interpretation of the law defense for government officials and private citizens may initially seem to be the same as the Nuremberg defense of “I was just following orders.”1978, Stephen M. Kristovich, “United States v. Barker: Misapplication of the Reliance on an Official Interpretation of the Law Defense”, in California Law Review, volume 66, number 44, Berkeley...

   Synonyms:

   lawful orders, superior orders

2. (US, broadly) An explanation offered as a defense to criminal or wrongful behavior, claiming that one is justified in not obeying a governmental order or a domestic law because the order or law is itself unlawful.
   • A relatively novel legal issue was raised by dissenters who contended that they did not so much oppose war in general as the Viet Nam war in particular. This contention, which became known as the Nuremberg defense, was raised by some young men who did not qualify as conscientious objectors and who...1967, “The Nuremberg Defense”, in Congressional Quarterly Weekly Report, volume 25, part 2, Washington, D.C.: Congressional Quarterly, →ISSN, →OCLC, page 936, column 1
   • In United States v. Berrigan, a Federal court in Maryland laid down a legal blueprint for the treatment of war protest cases where an attempt was made to invoke the "Nuremberg defence." Father Philip Berrigan and three others stood charged with injuring the property of the United States Government...1980 January, Gary Komarow, “Individual Responsibility under International Law: The Nuremberg Principles in Domestic Legal Systems”, in The International and Comparative Law Quarterly, volume 29...