CS: Legal-Once again, Nuremberg

2000-08-27 Thread Jeff Wood

From:   "Jeff Wood", [EMAIL PROTECTED]

"What is an illegal order?
Something somebody else doesnt like?
Get real."

At this very moment, various Serbs, Croats and Bosnians are being tried for
war crimes. Not only those they committed, but those they ordered, and some
of the head honchos from the Balkan conflict are presently liable to arrest,
for crimes they instructed.

Coming closer to home, one would hope that no British police officer would
hesitate to arrest and charge, say, a criminal boss for the actions of a
henchman acting on his instructions.

Any instruction to a subordinate to carry out an illegal act is by
definition an illegal order. The problem can arise in civil society, of
which police officers are a part, as well as in the military.


Yours sincerely

Jeff Wood

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CS: Legal-Once again, Nuremberg

2000-08-27 Thread John Hurst

From:   "John Hurst", [EMAIL PROTECTED]

What is an illegal order?
Something somebody else doesnt like?
Get real.

IG,
  An illegal order is one which would result in a breach of law, common
or statute, if complied with.

As you know doubt know the Constables Oath of Alleigance, which is required
by common law, Magna Carta and the Bill of Rights, is a follows;

"I do solemnly and sincerely declare and affirm that I will well and truly
serve Our Sovereign Lady the Queen in the office of constable, without fear
or affection, malice or ill will, and that I will to the best of my power
cause the peace to be kept and preserved, and prevent all offences against
the persons and properties of Her Majesty's subjects and that while I
continue to hold the said office I will to the best of my skill and
knowledge discharge all the duties thereof faithfully according to law."

Note the "to the best of _my_ skill and knowledge ". The responsibility to
comply with the law is the individuals and "orders" which are unlawfull have
no force.

Breach of this Oath is misconduct in office at common law, perjury and
treason. Trying to order a consable to break his Oath are the same offences.

Regards,  John Hurst.


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CS: Legal-Once again, Nuremberg

2000-08-26 Thread E.J. Totty

From:   "E.J. Totty", [EMAIL PROTECTED]

>What is an illegal order?
>Something somebody else doesnt like?
>Get real.
>
>IG
>--
>An illegal order is an order that violates the law.  The example
>I was given in training is that it is illegal to order a surbordinate
>to disclose classified information to someone without the necessary
>clearance, so be careful what you ask them to do!
>
>I'm sure in times of war the examples are a bit more graphic.
>
>Steve.


Steve, & IG,

IG:
I asked you a question earlier, and you ignored it.
So, perhaps you'd care to reiterate: That there is no such
thing as an illegal order?
If so, and if you were directly ordered to shoot someone
on sight, who was no danger to anyone, do I take it then that you
would carry out the intent of that order?
What about conducting act against others that are against
the law (presuming that the laws are still valid as laws in the sense
of respecting life, liberty, and property - English law).

ET


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CS: Legal-Once again, Nuremberg

2000-08-24 Thread IG

From:   "IG", [EMAIL PROTECTED]



What is an illegal order?
Something somebody else doesnt like?
Get real.

IG
--
An illegal order is an order that violates the law.  The example
I was given in training is that it is illegal to order a surbordinate
to disclose classified information to someone without the necessary
clearance, so be careful what you ask them to do!

I'm sure in times of war the examples are a bit more graphic.

Steve.


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