"The most notable example is South Africa itself. Upon attaining democracy, we could have chosen the Nuremburg Trial route – but instead opted for a Truth and Reconciliation Commission (TRC)". The minister's precis of this issue does both the Nuremburg Tribunal and the TRC a disservice. Firstly it ignores the substantial contribution to international legal structures that Nuremburg provided, in creating what are referred to as the Nuremburg principles, one of which was that the perpetrators could not claim immunity on the basis of their enlistment and orders, "if there was a moral choice to be made", for example, in following the Geneva Convention or shooting POWs. Likewise in South Africa the TRC left it up to the courts to determine penalties, since by conferring immunity or not, it opened the gateway to civil and other litigation against offenders. Unfortunately the ANC government has been at pains to protect even those without immunity, my case against the Min of Justice refers.