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Under Article 7 of the Charter of the International Military Tribunal at Nuremberg:
"The official position of defendants, whether as Head of State or responsible officials in Government departments, shall not be considered as freeing them from responsibility or mitigating punishment."
No one deserves immunity from high crimes demanding accountability. It's time culpable American and Israeli officials were brought to justice. Delay is unconscionable. Multiple reasons exist to prosecute. Perhaps one day they'll be exercised responsibly.
Those most culpable are considered hostis humani generis - enemies of mankind. War crimes are against the jus gentium - the law of nations. International law was established to address them.
The Nuremberg Charter, Tribunal and Principles determined that crimes of war and against humanity are "international crimes" to grave to ignore.
Tribunal Principles hold that "(a)ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment....""(C)rimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit (them) can the provisions of international law be enforced."
The Rome Statute's Article 25 of the International Criminal Court codified the principle. It affirmed that persons culpable of crimes and war and against humanity be prosecuted.
Nuremberg established that immunity is null and void. Top officials, including heads of state, should be held accountable. Western and Israeli ones so far escaped judgment even though fundamental international law affirms no one is above the law.
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