I've had a number of people note that the Nuremberg Trials counter my argument that Park following lawful orders is a consideration in evaluating his actions. Let's talk about this, because I think it's wrong (for multiple reasons). 1/n
First, to use Nuremberg as a reference point, we are equivocating hacking Sony with the Holocaust. I'm not ready to go there. Some people are saying "but if he hacked the power grid, that would be equivalent." Irrelevant, since that's not what happened here. 2/n
I don't think nation state hacking of Sony should meet the definition of a war crime. I do think hacking can be. For instance, hacking a hospital and changing dosages of medication to kill patients would probably be a war crime. 3/n
Another counter is that we must prosecute individuals to discourage nations from performing this activity. I don't want North Korea hacking Sony. I make no claim that I know how to make this stop. I only note that I think charging Park is a human rights issue. 4/n
Another reason I think Park is sufficiently different from those prosecuted in Nuremberg has to do with upbringing. Nazi Officers by and large made their choices as adults with a ~normal upbringing. Park was indoctrinated (brainwashed) from birth, which makes him different. 5/n
Others have noted that if I'm right and we have put Park (and his family) at risk, then this will at least discourage other DPRK hackers from performing operations. That assumes open access to information. But people disappear in DPRK all the time at the hands of the gov. 6/n
Part of what I noted in the op-ed is that it's important to not impose our values or position on those we're considering. But the assumption that Park's peers would have access to information is contraindicated by all public reporting on conditions in North Korea. 7/n
I don't have time to respond to every comment, but I've tried to cover the high points. I don't have all the answers, but I'm blessed to have the freedom to think for myself and start this discussion. I'll close noting these are freedoms Park has lacked his whole life. 8/8
