I can see I need to review

the history of the Nuremberg trials:

WASHINGTON - After months of resistance, the White House has agreed to accept Sen. John McCain's call for a law specifically banning cruel, inhuman and degrading treatment of foreign suspects in the war on terror, several congressional officials said Thursday.

Under the emerging deal, the CIA and other civilian interrogators would be given the same legal rights as currently guaranteed members of the military who are accused of breaking interrogation guidelines, these officials added. Those rules say the accused can defend themselves by arguing it was reasonable for them to believe they were obeying a legal order.

I must be remembering something wrong....