Scientia Juris and the soldier

Abstract

War crimes trials, whether conducted by tribunals e stablished under international agreement, like that at Nuremberg, or under municipal law, like that which rendered the decision regarding the Llandovery Castle, as well as trials under national military law, like that of Lieutenant Calley, inevitably raise a multitude of legal problems. Among the most important of these is the knowledge of the accused. Too often, insufficient attention is paid to this, even though the inevitable defence of superior orders and the reaction to it of the tribunal concemed4 to a very great extent are based on this factor, since success or otherwise of the plea depends on whether or not the act ordered was palpably or manifestly illegal, which obviously depends on the accused's knowledge of what is in f act lawful. If the writer's experience on joining the British Army during the Second World War is anything to go by, the extent of the knowledge of the law of the ordinary soldier stems rather from his own resources than those of the military establishment.