piytar wrote: “Since Nuremberg (and actually well before but that’s a reference most people know about), “I was acting under orders” is not a valid defense.”
Nuremburg has never been incorporated into US law, either by statute or treaty. Any attempt to incorporate now would run into Ex Post Facto.
You are correct.
Not to get too technical, but the same concepts are part of the Uniform Code of Military Justice. Looks like DoD may be involved so may apply. But I’m no expert on that front.