There is a famous quote taken from the nuremberg trials: "Individuals
have international duties which transcend the national obligations of
obedience....Therefore [individual citizens] have the duty to violate
domestic laws to prevent crimes against peace and humanity from
occurring." This quote includes the elipses and the bracketed words.
I've found many, many places online and off by professionals,
historians, lawyers, quacks, and more that use this quote and simply
cite it as coming from the Nuremberg War Crimes Trials of 1950. I am
looking for a better-more detailed citation. I know for a fact that
the first 1/2 of the quote comes from Judge Jackson on the Goering
case in 1946, but my question is: where specifically does the 2nd half
of this quote come from and who said it and when? Supposedly Judge
Jackson said it, but I haven't been able to find it. The Jackson web
page/center is not currently working. Please do not respond to this if
all you've found is that it is from the Nuremberg war crimes trials of
1950. If you have unlimited access to LexisNexis that might help you,
but I don't have that. If you find this, I need to be able to access
the original source or wherever you found it also. Thank you very
much.

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Request for Question Clarification by answerfinder-ga on 20 Dec 2005 01:29 PST

Dear airele-ga,

I have spent sometime researching this and I believe that it is a
misquote. The first part does come from the judgement in the Nuremberg
Trials. The second part I cannot find in the trials or later
Principles of International Law Recognized in the Charter of the
Nürnberg Tribunal and in the Judgment of the Tribunal. Nor is it
sourced in any reliable way.

As far as I can see, its first appearance is in 2002 when it was used
as a defence in a court case involving peace activists. Certainly this
is the first mention on the LexisNexis news database. Web pages are a
little harder to date because they are continually being updated and
changed. However, I have gone through all references to this phrase
and it still seems to be the first reference. It has subsequently been
seized upon by many peace activist and protest sites.

Of course there may be off-line source for this quote. Or you could
track down the court transcripts for the above trial in 2002 which may
provide the source for the quote.

Let me know whether the results of my research would answer your question.

answerfinder-ga

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Clarification of Question by airele-ga on 20 Dec 2005 06:47 PST

Dear AnswerFinder,

Thank you for your response. Unfortunately, I suspect you are correct,
it is probably a misquote. Is is possible for you to let me know what
the 2002 court case name/number is where you saw it first quoted?
Maybe I can research it a little more from there. That would be
helpful and I would certainly consider that a worthwhile answer. After
searching off and on for several days and finding nothing substantial,
I find your answer to be a real help.  Thank you again.

Dear airele-ga,

Thank you for your answer to my clarification. Since posting my
comment I have traced it back a little further (2001) but certainly
not to the Nuremberg trials.

As you know, the first part of the quote comes from the judgement at
the Nuremberg trial. There are two sources for this. The Yale Law
School Avalon Project and the Nizkor Project which has placed online
the transcript of the trials. Some of these pages quite lengthy so you
may have to use your browser?s page search to find the words on the
page.

Yale Law School
============

Charter
http://www.yale.edu/lawweb/avalon/imt/proc/imtconst.htm

Judgement : The Law of the Charter
?On the other hand the very essence of the Charter is that individuals
have international duties which transcend the national obligations of
obedience imposed by the individual State. He who violates the laws of
war cannot obtain immunity while acting in pursuance of the authority
of the State if the State in authorising action moves outside its
competence under international law.?
http://www.yale.edu/lawweb/avalon/imt/proc/judlawch.htm


Nizkor Project 
===========

International Military Tribunal
The Trial Of German Major War Criminals
Judgment: 30th September, 1946 - 1st October, 1946
Introduction page.
http://www.nizkor.org/hweb/imt/tgmwc/judgment/

Violations Of International Treaties
The Law of the Charter Part II
?On the other hand the very essence of the Charter is that individuals
have international duties which transcend the national obligations of
obedience imposed by the individual state. He who violates the laws of
war cannot obtain immunity while acting in pursuance of the authority
of the state if the state in authorising action moves outside its
competence under international law.?
http://www.nizkor.org/hweb/imt/tgmwc/judgment/j-law-charter-02.html


It was also referred to in the trial of Adolf Eichmann

The Trial of Adolf Eichmann: Judgment
Introduction, Legal & Jurisdictional issues
Part V
 "On the other hand, the very essence of the Charter is that
individuals have international duties which transcend the national
obligations of obedience imposed by the individual state. He who
violates the laws of war cannot obtain immunity while acting in
pursuance of the authority of the state, if the state, in authorizing
action, moves outside its competence under international law."
http://www.nizkor.org/hweb/people/e/eichmann-adolf/transcripts/Judgment/Judgment-005.html

Judgement transcripts
http://www.nizkor.org/hweb/people/e/eichmann-adolf/transcripts/Judgment/


Next relevant document is the ?Principles of International Law
Recognized in the Charter of the Nürnberg Tribunal and in the Judgment
of the Tribunal?. You may wish to view it.
http://www.un.org/law/ilc/texts/nurnberg.htm
http://deoxy.org/wc/wc-nurem.htm


Now for the second part of the quote. These are the various references
I have found to it in date order. I should add that I also searched
amazon.com through a9.com; the books I founnd referring to it date
from 2004/5 and they do not source the quote in detail.
http://a9.com/%22duty%20to%20violate%20domestic%20laws%20%22

All the below sources are people who can be described as activists for
one cause or another.

Google Groups 5 Nov 2001
http://groups.google.co.uk/group/misc.activism.progressive/browse_thread/thread/4d161b0594a059a4/dfa3c901cd7a8b3f?lnk=st&q=%22duty+to+violate+domestic+laws+%22+2001&rnum=6&hl=en#dfa3c901cd7a8b3f

Google Groups 10 Dec 2001 (bottom of the page)
http://groups.google.co.uk/group/nl.politiek/browse_thread/thread/69be6c4cb3fef19b/341c262ef7b4d9bf?lnk=st&q=%22duty+to+violate+domestic+laws+%22+2001&rnum=4&hl=en#341c262ef7b4d9bf

Google Groups 15 June 2002
http://groups.google.co.uk/group/misc.activism.progressive/browse_thread/thread/e0c28bc7b54a023f/a8b81f78ce96b7e7?lnk=st&q=%22prevent+crimes+against+peace+and+humanity+from+occurring%22&rnum=60&hl=en#a8b81f78ce96b7e7http://groups.google.co.uk/group/misc.activism.progressive/browse_thread/thread/4d161b0594a059a4/dfa3c901cd7a8b3f?lnk=st&q=%22prevent+crimes+against+peace+and+humanity+from+occurring%2
2&rnum=54&hl=en#dfa3c901cd7a8b3f

Google Groups 23 July 2002
http://groups.google.co.uk/group/alt.impeach.bush/browse_thread/thread/a4f7bd1bc03c10af/511ad601a21625a0?lnk=st&q=%22prevent+crimes+against+peace+and+humanity+from+occurring%22&rnum=3&hl=en#511ad601a21625a0

July 23, 2002
History Won't Absolve Mr. Bush
By Luciana Bohne
http://www.democraticunderground.com/articles/02/07/23_history.html


On 6 October 2002 three Dominican Sisters Ardeth Platte, Carol Gilbert
and Jackie Hudson were arrested after entering a Minuteman III silo
near Greeley, Colorado. At their subsequent trial it was reported that
part of their defence relied on a so called ?Nuremberg defence? which
was rejected by the court. I do not know how detailed the court
examined this defence and whether this quote was sourced in the court.

These are some internet references to them and this quote.
://www.google.co.uk/search?hl=en&q=%22Ardeth+Platte%22+%22have+the+duty+to+violate+domestic+laws+%22&btnG=Search&meta=

These are some news headlines that I found on LexisNexis where you can
buy the articles or through the Denver Post Archive.

Nuns who raided silo stand firm Trio contend international law is on
their side, but prosecutors disagree, The Denver Post, February 3,
2003 Monday, 1ST EDITION, 1346 words, Howard Pankratz , Denver Post
Legal Affairs Writer

Nuns barred from using Nuremberg defense, The Associated Press State &
Local Wire, March 26, 2003, Wednesday, BC cycle, State and Regional,
336 words, DENVER

Nuns' defense arguments in silo raid barred, The Denver Post, March
26, 2003 Wednesday, 1ST EDITION, 405 words, Howard Pankratz , Denver
Post Legal Affairs Writer

https://w3.lexis.com/LNE/login_en.asp?lang=en&url=http://web.lexis-nexis.com/executive/


Denver Post archive - brief extracts below.
http://www.denverpost.com/archives

Nuns' defense arguments in silo raid barred  
   
?March 26, 2003; Page B-02
Section: DENVER AND WEST
Article ID: 1142151 -- 424 words
Three nuns have been barred from using the Nuremberg and international
law defenses at a trial stemming from their raid on a Minuteman III
nuclear weapons silo in Weld County.

The three cut down fences at the silo, used their own blood to form
six crosses on the silo lid and used ball-peen hammers to hit the
tracks and lid of the silo. They entered the silo grounds at 7:35 a.m.
on Oct. 6.?


?Nuns who raided silo stand firm Trio contend international law is on
their side, but prosecutors disagree  Article 28 of 30 found
   
February 3, 2003; Page B-01
Section: DENVER AND WEST
Article ID: 1134081 -- 1449 words
When three nuns cut down fences around a missile silo in Weld County
in October, they say they were doing what the German people didn't do
before World War II: standing up against a government with evil
intent.

The three Dominican sisters - Carol Gilbert, 55, Jackie Hudson, 68,
and Ardeth Platte, 66 - say they are engaging in civil resistance
against a U.S. policy that promotes world domination. They believe the
country is bent on controlling the earth, water and sky by?


This web page was first recorded on the internet archive in October
2002 but the author dates the page 22 May 2001.

?(Proposed court statement written on May 22, 2001, after Jack's
arrest for civil disobedience) [?]
My students learned that five years after World War II, the Nuremberg
War Crime Tribunal, in a statement of International Law, noted that:
?Individuals have international duties which transcend the national
obligations of obedience. Therefore, individual citizens have the duty
to violate domestic laws to prevent crimes against peace and humanity
from occurring.?
http://www.jackgilroy.com/justice/justice.htm
http://web.archive.org/web/20021005163749/http://www.jackgilroy.com/justice/justice.htm


Finally, this page sources the quote to Jody Williams1997. I found no
support for this.

"Individuals have international duties which transcend national
obligations of obedience. Therefore, individual citizens have the duty
to violate domestic laws to prevent crimes against peace and
humanity..." -- Nobel Peace Prize Laureate, Jody Williams1997.
http://www.snowshoefilms.com/soawatch.html


I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder

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Request for Answer Clarification by airele-ga on 20 Dec 2005 12:00 PST

Dear AnswerFinder,

This is all quite helpful.  Thank you.

airele

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Clarification of Answer by answerfinder-ga on 21 Dec 2005 00:51 PST

Dear Airele,
Thank you for your tip. Pleased that I could help. I think it is
important that these so called quotes should be tested and challenged.
answerfinder-ga

Thank you Answer Finder for your excellent help and research. It's
much appreciated. Airele

Answerfinder's conclusion that the second portion of your quotation
did not arise from the Nuremburg trials seems very likely. It seems
most improbable that any judge in 1946 - or today for that matter -
would say that it is the duty of individual citizens to violate the
laws of their own country in order possibly and indirectly to prevent
crimes against humanity. The first part of the quote, of course, deals
with a somewhat different matter - whether following orders is a
justified defence in the case of a crime against humanity. But even
here many people would find it unreasonable to expect low-ranking
soldiers to defy the direct orders of superior officers - even when a
crime against humanity is possibly involved - especially in time of
war.

Geof,

Thank you for your comment also.

airele