Fact Check: The Nuremberg Code does not say mandated use of masks is a war crime
According to a widely shared claim, imposing mandatory use of masks was considered a war crime under the Nuremberg Code. India Today has found this assertion to be misleading.
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India Today Fact Check
The excerpts used in the photo are not from the Nuremberg Code. There is no mention of masks in the entire document.
The Nuremberg Code is again part of social media discussions surrounding the coronavirus pandemic. According to a widely shared claim, imposing mandatory use of masks is considered a war crime under the Nuremberg Code.
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India Today Anti Fake News War Room (AFWA) has found the claim to be misleading. The word "mask" is not mentioned in the Nuremberg Code.
AFWA probe
Considered among the prominent documents in the history of medical ethics, the Nuremberg Code was formulated following the trial of Nazi doctors post World War II. The 10-point document talks about permissible medical experiments that can be conducted on human subjects.
The Nuremberg Code is available online on several websites. The document is divided into 10 points but there are no sections or articles as such. The word "mask" doesn't appear in it even once. Neither of the two paragraphs in the viral post is from the Code, we confirmed. It can be read here.
A Google search showed that the first paragraph seen in the post is taken from UNESCO's "Report of the International Committee of Bioethics Committee on Consent". The line is a part of Article 6 of the document that talks about consent. The UNESCO document can be read here.
While there is no mention of ''mask'' or ''war crime'' in the UNESCO report, the succeeding paragraph in the post is not taken from it.
"The Nuremberg Code has absolutely nothing to say about mask mandates. It does not apply to public health measures that the government may take to protect its citizens," AFP reported Professor Leslie E Wolf of the Georgia State College of Law as saying. This report can be read here.
Pushpesh Pant, a retired teacher of International Relations said the Nuremberg Trials is often criticised as a trial by the victors over the vanquished. Many scholars hence argue it can't be considered as a universal law.
"How do we know that the Nazis were the only ones carrying out experiments on human beings? How do we know the allies never did the same? So much water has down the rivers since the world wars and the Nuremberg Trials. One can't use napalm bombs agent, nerve gas etc and claim it is not a crime against humanity. Then it becomes a mockery," he added.
This is not the first time the Nuremberg Code is being used to propagate fake news about Covid protocol and vaccination. News organisations have fact-checked claims involving the historic document in the past as well. Some of them can be read here and here.
Hence, it is clear that the image in question is not an excerpt from the historic Nuremberg Code.
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