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Comment by jandrese

2 years ago

That's the point. He was giving direct targeting data to bomber pilots that bypassed the chain of command. You can't say someone can't be a war criminal if they had underlings, supervisors, or peers who should have known better and stopped them. There would never be war criminals in that case.

> can't say someone can't be a war criminal if they had underlings, supervisors, or peers who should have known better and stopped them

This isn’t true. The persons who carry out the order are liable. As is the commander.

  • > The person receiving the order could—and in many cases, should—have refused.

    • To execute it. Kissinger didn’t execute. He relayed. It’s a subtle, frustrating but—I think—necessary distinction to preserve the sanctity of the term required to prosecute heads of state, a novel concept in its own right.

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