The Tu Quoque Argument as a Defence to International Crimes, Prosecution or Punishment, 3 Chinese JIL (2004), 87

Abstract

An argument from fairness, the tu quoque argument has an enduring appeal to the human conscience. This paper analyzes "moral sentiments" foundation for the tu quoque argument, the presentation of the tu quoque argument by the defense to the Nuremberg Tribunal, and the treatment of the issue by the Nuremberg Tribunal, concludes that the argument was accepted by the Tribunal as a defense only to punishment, not to the crimes or the prosecution endeavor. The relevant defendants were convicted of the crimes in issue but not given any further punishment on this ground. The paper then assesses the current viability of this defense, arguing that it should be made available in similar situations, as the fairness appeal of this argument is very strong.

Already published as: Sienho Yee, The Tu Quoque Argument as a Defence to International Crimes, Prosecution or Punishment, 3 Chinese Journal of International Law (2004), 87-134.