Comments by "Mir Ba" (@mirba6933) on "Hindustan Times" channel.

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  40. Principles of the Nuremberg Code: Principle I Any person who commits an act that constitutes a crime under international criminal law is responsible for it and is subject to punishment. Principle II The fact that the internal law of a state does not impose a penalty for an act that constitutes a crime under international law does not absolve the person who committed that act from responsibility under international law. Put simply: "A person who commits a crime under international law will bear the consequences even though the act is not a crime under the law of a state (eg the one where it was committed)." Principle III The fact that a person who committed an act that constitutes a crime under international law acted as a head of state or a responsible state official does not exempt him from responsibility under international law. Principle IV The fact that a person acted according to the orders of his Government or a superior does not exempt him from responsibility under international law, provided that a moral choice was actually possible for him. This principle states that saying "I was just following the orders of my superiors" is not an acceptable excuse for a war crime, if the person could have avoided the order. This case was colloquially known as "superior order" immediately before the Nuremberg Trials, but after the trial it was known as the "Nuremberg Defense". During the first Nuremberg trials, Wilhelm Keitel, Alfred Jodl and other defendants unsuccessfully used this type of defense. They argued that while they knew Hitler's orders were immoral, or at least had reason to believe they were immoral, their place was not to question but to obey orders. They claimed that they were compelled to do so by the Fรผhrerprinzip (Leader Principle) that governed the Nazi regime, as well as their own oath of allegiance to Hitler. In most cases, the Tribunal found that the defendants' crimes were so outrageous that the Nuremberg defense could not be considered a mitigating factor at trial. Principle V Every person accused of a crime under international law has the right to a fair trial based on the facts and the law. Principle VI The following crimes are punishable as crimes under international law: (a) Crimes against peace: Planning, preparing, launching or conducting a war of aggression or a war that violates international treaties, agreements or guarantees; Participation in a common plan or conspiracy to achieve any of the acts listed under 1. (b) War crimes: Violations of the laws or customs of war which include, but are not limited to, the killing, ill-treatment or deportation to slave labor or for any other purpose of the civilian population of the occupied territory; murder or abuse of prisoners of war or persons at sea, killing of hostages, robbery of public or private property, wanton destruction of cities, towns or villages or devastation not justified by military necessity. (c) Crimes against humanity: Murder, extermination, enslavement, deportation and other inhuman acts committed against any civilian population, or persecutions on political, racial or religious grounds, when such acts are committed or such persecutions are carried out in commission of or in connection with any crime against the peace or any war crime. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the above-mentioned crimes are liable for all acts committed by any person in the execution of such plan. Principle VII Complicity in the commission of crimes against peace, war crimes or crimes against humanity as set out in Principle VI is a crime under international law.
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