It's an interesting problem. In principle, since the SLN appears to have retained the 'illegal order' [defined as an order to violate your own laws or regulations] provisions Western militaries adopted after WWII, Gogunov and every other survivor of TF1034's chain of command is liable under the regulation implementing the Deneb Accords. In practice, the targeting orders came from Hadju's OpsO's console, so there could be cover for them if there's no human review at intermediate levels - if nobody had any way to know that their commands were about to fire at the wrecks until they launched, they _couldn't_ have aborted the command and have no responsibility for allowing its execution. My impression, however, is that at least down to the ship level new queues are downloaded in both human- and machine-readable format, so that the TacO can verify that his computers are actually doing what they should be. That verification would make them and their superiors liable to prosecution. In which case a possible defense is that they didn't have time to recognise the illegal character of the order and respond to it.
Like I say, an interesting problem. I'm pretty sure that the lawyers would just say that everybody directly involved is dead and leave it at that.
The many Frontier Fleet misbehaviours that have been documented, unfortunately, seem to be covered by the SL's [legal] recognition of the absolute sovereignty of system governments. Both the Eridani Edict and the Deneb Accords are directed at what you are allowed to do to _other_ people. An established government can do whatever the heck it wants to its _own_ people, and invite whomsoever they wish to help them do it, in order to suppress insurrection. Handed a determination of 'apprehended insurrection', to use a current term, and an assurance that the actions requested are legal under local law, no one in the SLN would be able to question the legality of their orders.
Weird Harold wrote:Bill Woods wrote:War crimes trial? -- but he didn't actually launch Hajda's attack.
IIRC, he did launch against the disabled Manticoran ships and life-pods. Not an EE violation, but certainly a Deneb Accord violation--eg a War Crime.