The United States, the Soviet Union, Great Britain and France, at the end of WW2, tried former leaders of government and the military of Nazi Germany and the Empire of Japan for war crimes. [FN1] Two defenses of the defendants are of note. 1/12
1) No such crimes existed. Prosecutions had no “appropriate body of international law” Japan’s leaders stood trial for “wholesale destruction of human lives, not alone on the field of battle” but in “homes, hospitals, and orphanages.” [FN2] That defense was rejected. 2/12
Of course today U.S. military and government authorities have no such defense available. When we bomb an elementary school in Iran, we are aware of the “appropriate body of international law” that we helped formulate over 80 years ago. We are on notice. 3/12
2) German and Japanese military were carrying out orders. This “Nuremberg defense” was rejected by the war crimes tribunal. “Nuremberg Principle 4 established that following orders does not absolve responsibility if a moral choice was possible.” [FN3] 4/12
Our attacks on Venezuela and Iran have been in violation of the UN charter. [FN4] The charter is a treaty the United States entered and is binding on us as law. [FN5] The attacks were not within the authority of trump as set out in The Constitution. [FN6] 5/12
Iranian children killed by our bombs dropped by our planes were innocent victims of war crimes. [FN7 The Uniform Code of Military Justice requires that service members not obey an illegal order. [FN8] That brings the conversation to an unpleasant consideration. 6/12
Our service people are not fighting for freedom & democracy, but carrying out illegal attacks on other countries because an insane, senile POTUS wants to divert attention from the EPSTEIN FILES. We can’t shirk responsibility. 7/12
Unless this idiotic non-war stops NOW, then celebrating as heroes our service members as they arrive home from Iran cannot be justified. And how in the hell do we condemn attacks here carried out by people whose loved ones have been killed by our war crimes? 8/12
Footnotes:
FN1. “[A]ggressive war of conquest, committing” mass murder of innocent civilians, & atrocities and crimes against humanity.” Richard J Evans, “The Third Reich at War,” (2009) p. 741. See also, Christopher Harding, “A History of Modern Japan,” (2020), p. 250. 9/12
FN2. Niall Ferguson, “The War of the World,” (2006), pp. 578-79.
FN3. “Obeying Orders,” Facing History and Ourselves, updated 8/2/16, accessed 4/3/26.
FN4. UN Charter Article 51 forbids unprovoked attacks on another country. 10/12
FN5. The U.S. Senate ratified the Charter by a vote of 89–2 on 28 July 1945. See also, United States Senate, “About Treaties,” accessed Jan 3, 2026.
FN6. Const. Art I, sec 8. Also, see The Federalist No. 8 (Alexander Hamilton). 11/12
FN7. Julian Barnes, et al, “U.S. at Fault in Strike on School in Iran, Preliminary Inquiry Says,” NYT, 3/11/26.
FN8. See, Matthew Barry, “Unlawful Orders: This Article is intended to explain unlawful orders in the Military,” citing Art. 92 and Military Judges Benchbook, accessed 1/10/26. 12/12
© 2026 Created by Mark Small.
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