For starters, nearly everything German soldiers did was legal under German law.
Side tangent: GDR soldiers who killed civilians trying to flee the country could easily be prosecuted after reunification because this was explicitly illegal under GDR law.
It’s harder to prosecute “legal” crimes. It requires establishing there are “natural laws” which stand above any law humans put in place. For instance, slaughtering civilians is one such violation of “natural law”. It’s more complex but that’s the rough summary.
Besides, most German soldiers simply became prisoners of war and faced little to no legal consequences. The Nuremberg trials were mostly for those who gave the illegal order - no one has time for millions of legal cases.
I have little to no clue about US law but as far as I can tell, executive orders are legal until deemed illegal by a court. The order would therefore have to violate “natural law” - not the constitution - or be so obviously illegal beyond any reasonable doubt to allow for prosecution of those who follow it. Both of those are a very high bar to clear.
This is a reason why I kinda like the psudo religious concepts that back US founding documents.
Now before everyone gets to typing about annoying evangelicals or whatever (trust me I understand) you don’t have to believe in christianity or any other religious institution for the “natural law” concept to work. All it takes is an understanding that human rights are a default and don’t magically disappear because your area’s govt says so.
It’s summed up nicely by this quote from John Locke.
“And where the Body of the People, or any single Man, is deprived of their Right, or is under the Exercise of a power without right, and have no Appeal on Earth, there they have a liberty to appeal to Heaven, whenever they judge the Cause of sufficient moment.”
That’s only partially true.
For starters, nearly everything German soldiers did was legal under German law.
Side tangent: GDR soldiers who killed civilians trying to flee the country could easily be prosecuted after reunification because this was explicitly illegal under GDR law.
It’s harder to prosecute “legal” crimes. It requires establishing there are “natural laws” which stand above any law humans put in place. For instance, slaughtering civilians is one such violation of “natural law”. It’s more complex but that’s the rough summary.
Besides, most German soldiers simply became prisoners of war and faced little to no legal consequences. The Nuremberg trials were mostly for those who gave the illegal order - no one has time for millions of legal cases.
I have little to no clue about US law but as far as I can tell, executive orders are legal until deemed illegal by a court. The order would therefore have to violate “natural law” - not the constitution - or be so obviously illegal beyond any reasonable doubt to allow for prosecution of those who follow it. Both of those are a very high bar to clear.
This is a reason why I kinda like the psudo religious concepts that back US founding documents.
Now before everyone gets to typing about annoying evangelicals or whatever (trust me I understand) you don’t have to believe in christianity or any other religious institution for the “natural law” concept to work. All it takes is an understanding that human rights are a default and don’t magically disappear because your area’s govt says so.
It’s summed up nicely by this quote from John Locke.
“And where the Body of the People, or any single Man, is deprived of their Right, or is under the Exercise of a power without right, and have no Appeal on Earth, there they have a liberty to appeal to Heaven, whenever they judge the Cause of sufficient moment.”
Unfortunately, there is considerable disagreement about what the default human rights are.