CAPFlyer wrote:
rreis,
There's only one flaw with your logic, and unfortunately it's the basic premise. The LAW says that you cannot use "following orders" as a defense to doing something UNLAWFUL unless there is a threat to your or your loved one's well-being. That is what Nuremberg upheld during its trials. Those convicted after a defense of "following orders" were unable to prove that there was a material and provable threat to their well-being or the well-being of their family if they didn't follow those orders. There were implied threats of execution for not following orders, but no definite proof was ever brought to light, in fact, there were more examples of demotion, transfer, or "freezing of rank" by German superiors than anything else, same thing you'd see in the US military today for someone who chose to disobey an order unless it was found to be unlawful.
What this person(s) has done is release classified information they are specifically prohibited (ordered) not to do. It has been upheld that such orders *ARE* lawful in international court and necessary. Additionally, the International Court in the Hague itself has prosecuted spies in the past, so to say that some international body has declared that leaking secret documents is protected is just flat out wrong.
CAPFlyer, my words were meant as illustration and I recognize, freely, that I wanted them to be a more loose metaphor (or I was in the dark, trying to graps a thought)... for which I recognize I maybe streched to far. To be clear, what I wanted to say has to do with the why [they did it]. Of course they had orders not to "leak". But maybe they felt a higher imperative, not towards the goverment or the institution but towards the "People" (or maybe someone paid them, I don't know). And the reference to the UN says that if you're a soldier and commit crimes against humanity "following orders" is not an excuse per si. You have to desobey orders not to be convicted [by the International Court] (which can lead you to be trialled and convicted by those who gave you the orders). Like I said, tricky business. I recognize that, in a way, you're [the WIX posters] all "right". But I personally prefer the "right" that brings light and not the one that keeps me in the dark.
So I hope they get away with it. And I expect the people where they come from to try to "hunt" them. At least for professional pride.
Anyway, my question, I believe, still hold to those who don't just eat what lands on their feeder:
Quote:
why does it leak? what does leak? who cares? why do they care? why do those who leak think it important to leak? what is leaked (vs. what is not leaked)? who doesn't cares? why don't they care?
_________________
rreis
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