NUREMBERG DEFENSE

Nuremberg defense (n[y]<<schwa>>r-<<schwa>>m-b<<schwa>>rg). The defense asserted by a member of the military who has been charged with the crime of failing to obey an order and

who claims that the order was illegal, esp. that the order would result in a violation of international law. • The term is sometimes used more broadly to describe situations in which citizens accused of committing domestic crimes, such as degradation of government property, claim that their crimes were justified or mandated by international law. [Cases: Criminal Law 58; Military Justice 832. C.J.S. Criminal Law §§ 56, 88; Military Justice §§ 115, 122, 125.]

[Blacks Law 8th]