The Vietnam War and International Law, Volume 3: The Widening Context

The Vietnam War and International Law, Volume 3: The Widening Context

EDITED BY RICHARD A. FALK
Copyright Date: 1972
Pages: 966
https://www.jstor.org/stable/j.ctt13x18r8
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  • Book Info
    The Vietnam War and International Law, Volume 3: The Widening Context
    Book Description:

    Issues of the war that have provoked public controversy and legal debate over the last two years-the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes-are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk.

    Originally published in 1972.

    ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    eISBN: 978-1-4008-6824-7
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Note of Acknowledgments
    (pp. v-vi)
    Richard A. Falk
  3. Table of Contents
    (pp. vii-2)
  4. Introduction
    (pp. 3-6)
    Richard J. Barnet, Thomas Ehrlich, Richard A. Falk, Tom J. Farer, G. W. Haight, Eliot D. Hawkins, Brunson MacChesney, Myres S. McDougal, John Norton Moore, Stephen M. Schwebel, John R. Stevenson, Howard J. Taubenfeld, Burns H. Weston and Wolfgang Friedmann

    The Panel on the Role of International Law in Civil Wars of the American Society of International Law has decided to sponsor the publication of a third volume in its seriesThe Vietnam War and International Law.Its so doing reflects the judgment of the Panel that the continuation of the war has given rise to legal issues not adequately treated in the two earlier volumes. Our effort here, as before, has been to bring together the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view.

    Volume...

  5. I. THE CAMBODIAN INCURSION OF 1970
    • A. The Expanded Zone of Combat
      • From the Vietnam War to an Indochina War
        (pp. 9-20)
        JEAN LACOUTURE

        During the last week of April 1970 the Vietnam war became the Second Indochina War. On April 24 and 25 representatives of the four movements of the Indochinese Left convened at a certain spot in south China to seal an alliance that had been contracted many years before by three of the movements—the North Vietnamese Lao Dong, the Pathet Lao and the South Vietnamese National Liberation Front (NLF)—and to which Prince Sihanouk, overthrown a month earlier by the Cambodian Right, was now adhering in a conspicuously unconditional manner. TheIndochineserevolutionary front thus came into being.

        Five days...

    • B. International Law Aspects
      • United States Military Action in Cambodia: Questions of International Law
        (pp. 23-32)
        JOHN R. STEVENSON

        I welcome the opportunity to present the administration’s views on the questions of international law arising out of the current South Vietnamese and United States operations in Cambodia.²

        I do not intend to review in any detail the legal justification of earlier actions by the United States in Viet-Nam. In 1966 the previous administration set forth at some length the legal justifications for our involvement in South Viet-Nam and our bombing of North Viet-Nam.³

        In general, reliance was placed squarely upon the inherent right of individual and collective self-defense, recognized by article 51 of the U.N. Charter. This legal case...

      • The Cambodian Operation and International Law
        (pp. 33-57)
        RICHARD A. FALK

        The invasion of Cambodian territory by the armed forces of the United States and South Viet-Nam in the spring of 1970 raises serious questions of international law. The development of international law since the end of World War I exhibits a consistent effort to prohibit recourse to force by governments in international society. The Nuremberg Judgment called aggression against a foreign country “the supreme crime” against mankind. The United Nations Charter is built around the notion that the only occasions on which it is legal to use force are in response to an armed attack and as authorized by an...

      • Legal Dimensions of the Decision to Intercede in Cambodia
        (pp. 58-95)
        JOHN NORTON MOORE

        In appraising national security decisions, such as the recent decision to send United States combat forces into the North Vietnamese and Viet Cong border sanctuaries in Cambodia, it is useful to focus on three interrelated questions. First, is the decision consistent with national and international law? Second, is the decision consistent with the national interest? And third, are there other alternatives which are likely to be more satisfactory in implementing the national interest? Each of these questions represents an important perspective for appraisal. Although the answer to the first question is important for answering the second and third questions, international...

      • COMMENTS ON THE ARTICLES ON THE LEGALITY OF THE UNITED STATES ACTION IN CAMBODIA
        (pp. 96-99b)
        GEORGE H. ALDRICH, WOLFGANG FRIEDMANN and JOHN LAWRENCE HARGROVE

        I appreciate this opportunity to offer a few comments on points made in the preceding papers. Space does not permit any full statement of the legal basis for the action taken in Cambodia by the United States, and I will merely refer readers to the statements made by the Legal Adviser at the Hammarskjöld Forum on May 28, 1970.¹

        In the first place, I fail to understand Professor Falk’s allegation that there had been no armed attack from Cambodia prior to the American and South Viet-Nam operations. The facts are generally accepted, I be lieve, that North Vietnamese and Viet...

      • United States Military Intervention in Cambodia in the Light of International Law
        (pp. 100-137)
        JOHN H. E. FRIED

        By its own logic, an adamant U.S. policy led within half a generation to an increasingly massive military buildup of South Vietnam; to veiled U.S. military intervention in South Vietnam; to open U.S. war in South and North Vietnam; to change of strategy toward gradual “Vietnamization”—and, by spring 1970, to the invasion of Cambodia. That attack, proclaimed as strictly “limited” both in duration (2 months) and area (certain small border regions) became a continuous U.S. war¹ engulfing much of Cambodia; and led by February 1971 to the U.S. invasion of Laos.²

        The invasion of Cambodia, then, not only widened...

      • Self-Defense and Cambodia: A Critical Appraisal
        (pp. 138-147)
        JOHN C. BENDER

        On April 30, 1970, Richard M. Nixon, President of the United States, announced that United States combat troops, in conjunction with the armed forces of South Vietnam, were participating in ground assaults in Cambodia in order to destroy sanctuaries on the Cambodian-South Vietnamese border that had been previously used by troops of both North Vietnam and the Viet Cong.¹ In a subsequent letter to the President of the Security Council, Charles W. Yost, the Permanent Representative of the United States to the United Nations, described these actions as “appropriate measures of collective self-defence . . . .”²

        For a number...

      • United States Recognition Policy and Cambodia
        (pp. 148-160)
        WILLIAM SPRAGUE BARNES

        The recent change from the so-called neutralist Sihanouk Government to the anti-communist Lon Nol Government in Cambodia and the subsequent military action there raises once again questions of international law, recognition, maintenance of diplomatic relations and the effect that United States policy may have on the internal and external status of a new government. On the basis of a comparison of the present Cambodian situation with the long, stormy history of our relations with Latin American governments, this Article concludes that consultive, collective decision making is the most appropriate means of settling the issue of recognition and that the United...

    • C. Constitutional Aspects
      • The Constitutional Issues—Administration Position
        (pp. 163-174)
        WILLIAM H. REHNQUIST

        I am pleased to avail myself of the opportunity of discussing the legal basis for the President’s recent action in ordering American Armed Forces to attack Communist sanctuaries inside the border of Cambodia. So much of the discussion surrounding these recent events has been emotional that I think the Association of the Bar performs a genuine public service in encouraging reasoned debate of the very real issues involved.

        I wish in these remarks to develop answers to several questions which I believe lie at the root of the matter under discussion. After having explored these questions in their historical context,...

      • The Constitutionality of the Cambodian Incursion
        (pp. 175-186)
        WILLIAM D. ROGERS

        Rarely, if ever, has the relationship between the President’s authority as Commander-in-Chief and Congress’s power to declare war been thrown into such sharp relief as by the Cambodian incursion. The issue is quite simple: Was the President within his power under Article II, Section 2, of the Constitution in ordering United States ground troops into Cambodia on April 30, 1970?¹ The Constitutional question stands alone, in this instance freed of the other issues which tended to divert debate over United States involvement in South Viet-Nam and recent presidential actions elsewhere.

        The initial commitment of ground forces to Viet-Nam was defended...

      • Commentary
        (pp. 187-190)
        ROBERT H. BORK

        The Cambodian incursion and its aftermath do raise important Constitutional questions, but they do not seem to me the questions posed by some of the other panelists. I think there is no reason to doubt that President Nixon had ample Constitutional authority to order the attack upon the sanctuaries in Cambodia seized by North Vietnamese and Viet Cong forces. That authority arises both from the inherent powers of the Presidency and from Congressional authorization. The real question in this situation is whether Congress has the Constitutional authority to limit the President’s discretion with respect to this attack. Any detailed intervention...

  6. II. WAR CRIMES
    • A. General Considerations
      • The Nuremberg Principles
        (pp. 193-248)
        WILLIAM V. O’BRIEN

        One of the principal arguments for selective conscientious objection asserts that aggressive war, war crimes, and crimes against humanity are violations both of international and U.S. municipal law. When it appears to an American citizen that his nation is guilty of such crimes in a particular war, he clearly has a moral right, it is argued, and ought to have a. legal right, to refuse participation in such criminal activity. I will attempt to assess the validity and relevance of this approach. In so doing I will treat of the following subjects:

        (1) The content of the so-called “Nuremberg principles”;...

      • The Hostage Case (excerpts)
        (pp. 249-255)

        If attacks upon troops and military installations occur regardless of the foregoing precautionary measures and the perpetrators cannot be apprehended, hostages may be taken from the population to deter similar acts in the future provided it can be shown that the population generally is a party to the offense, either actively or passively. Nationality or geographic proximity may under certain circumstances afford a basis for hostage selection, depending upon the circumstances of the situation. This arbitrary basis of selection may be deplored but it cannot be condemned as a violation of international law, but there must be some connection between...

      • The High Command Case (excerpts)
        (pp. 256-263)

        This Article defines what constitutes a lawful belligerent. Orders to the effect that Red Army soldiers who did not turn themselves over to the German authorities would suffer penalty of being treated as guerrillas, and similar orders, and the execution of Red Army soldiers thereunder, are in contravention of the rights of lawful belligerents and contrary to international law.

        It has been stated in this case that American occupational commanders issued similar orders. This Tribunal is not here to try Allied occupational commanders but it should be pointed out that subsequent to the unconditional surrender of Germany, she has had...

      • The Matter of Yamashita (excerpts)
        (pp. 264-280)

        . . . Mr. Chief Justice Stone delivered the opinion of the Court.

        No. 61 Miscellaneous is an application for leave to file a petition for writs of habeas corpus and prohibition in this Court. No. 672 is a petition for certiorari to review an order of the Supreme Court of the Commonwealth of the Philippines (28 USCA § 349, 8 FCA title 28, § 349), denying petitioner’s application to that court for writs of habeas corpus and prohibition. As both applications raise substantially like questions, and because of the importance and novelty of some of those presented, we set...

      • Targets in War: Legal Considerations
        (pp. 281-326)
        GERALD J. ADLER

        There was a time in the not too distant past when the laws of war were fruitful grist for the mill of the international lawyer’s pen. Such is not the case today. Indeed, it may be that there is nothing left of those laws. Or perhaps all that remains are the rules of belligerent occupation and the purely humanitarian concepts reflected in Red Cross-sponsored conventions. If, however, there does remain a vestige of what may be called combatant laws of war, it may well be that even that vestige should not be endowed with the term “law.” This may be...

      • Son My: War Crimes and Individual Responsibility
        (pp. 327-345)
        RICHARD A. FALK

        No voice has been more passionate and persuasive in its call for a renewal of the laws of war than that of Josef Kunz. Especially in the period since the end of World War II Professor Kunz wrote against the prevailing tendency to regard the idea of law-in-war as little more than a relic from the pre-nuclear age.² The Vietnam War has emphasized, although the Korean War, the three Middle Eastern wars, and the many lesser wars throughout the world since 1945 should have made it plain, that the development of nuclear weapons did not mark the end of so-called...

      • Legal Aspects of the My Lai Incident
        (pp. 346-358)
        ALFRED P. RUBIN

        The latin maxim that the law is silent in time of conflict has never had application to international law. There is, in fact, a large body of international law today which purports to regulate the conduct of conflict. Recognizing that international conflict almost by definition involves hurting people, a major part of the international law relating to conflict is devoted to fixing rules that are intended to minimize the hurt that is inflicted on the helpless in conflict situations. When considering this body of law, it is irrelevant that the conflict itself may be “illegal” or “unjustifiable”; the rules to...

      • Legal Aspects of the My Lai Incident—A Response to Professor Rubin
        (pp. 359-378)
        JORDAN J. PAUST

        In his article¹ Professor Rubin states a very real problem concerning the use of the 1949 Geneva Civilian Convention² for the prosecution of persons accused of having committed war crimes at My Lai when he says that Article 4 of the Civilian Convention might be technically construed by some to free the United States to maltreat nationals of South Vietnam.

        It is the purpose of this article to provide a broader understanding of the legal questions involved concerning the protection of the alleged My Lai victims under the 1949 Geneva Civilian Convention. The main thesis proposed is that nationals of...

      • Nuremberg and Vietnam: Who Is Responsible for War Crimes?
        (pp. 379-396)
        TELFORD TAYLOR

        Opinion or “reaction” samplings taken shortly after the first views of the Son My incidents revealed that nearly two-thirds of those interviewed denied feeling any shock. Some observers found this lack of public indignation or shame, as well as some of the comments recorded by the samplers, more upsetting than the killings themselves.

        It is neither surprising nor particularly disturbing, however, that many of those interviewed refused to believe that anything untoward had occurred. “I can’t believe an American serviceman would purposely shoot any civilian,” declared Alabama's George Wallace. “Any atrocities in this war were caused by the Communists.” Others...

    • B. Judicial Applications
      • The Nuremberg Trials and Conscientious Objection to War: Justiciability under United States Municipal Law
        (pp. 399-406)
        BENJAMIN FORMAN

        Conscientious objection to military service may be broadly characterized as a challenge to the selective service laws on moral¹ or legal² grounds, or as objection on moral or legal grounds to participation in a particular war. This paper addresses itself to the latter type of conscientious objection, and, more specifically, to the issue whether, under the municipal law of the United States, an individual who alleges that his participation in a specific war would be contrary to the international law principles and rules established at the Nuremberg Trials³ may litigate that question in support of a claim of right to...

      • War Crimes and Vietnam: The “Nuremberg Defense” and the Military Service Resister
        (pp. 407-462)
        ANTHONY A. D’AMATO, HARVEY L. GOULD and LARRY D. WOODS

        The case of Captain Howard B. Levy—the Green Beret “Medic” Case¹—at first seemed like hundreds of similar cases involving American servicemen being prosecuted for resistance to military orders involving Vietnam. Captain Levy had refused an order to teach dermatology to Special Forces (Green Beret) medics in the United States who were preparing for service in Vietnam, on the ground that his teaching would be “prostituted” by the Green Berets who in his opinion would commit war crimes once they arrived in Vietnam. The law officer for the military court, surprisingly, and on his own initiative, thereupon called for...

      • Conscience and Anarchy: The Prosecution of War Resisters
        (pp. 463-476)
        JOSEPH L. SAX

        The recent indictments returned against Benjamin Spock and four others for conspiring to counsel and abet draft resistance are only the most prominent of a number of cases in which conscientious refusal to comply with the laws relating to military service are coming before the courts. Nearly a thousand men were sent to prison in 1967 for violation of the Selective Service laws, many of them for following the dictates of their consciences, and the numbers of prosecutions are rising at a rapid rate. Though many legal arguments have been put to the courts, almost none have prevailed except where...

      • Nuremberg Law and U.S. Courts
        (pp. 477-486)
        BEVERLY WOODWARD

        It has been over three years since the young draft resister, David Henry Mitchell, III, launched his effort to persuade our courts to enforce the principles of international law proclaimed at Nuremberg. Unfortunately, that effort has not been a particularly successful one. Nor have the subsequent legal battles, initiated by others who believe American action in Vietnam to be in violation of international law, had much greater success. True, in the cases of Captain Howard Levy and of the Fort Hood Three, American courts did take some steps toward confronting the extremely important questions first raised by Mitchell. We now...

    • III. THE CONSTITUTIONAL DEBATE ON THE VIETNAM WAR
      • A. Matters of Executive Prerogative
        • The President, the People, and the Power to Make War
          (pp. 489-505)
          ERIC F. GOLDMAN

          The Constitution of the United States declares in the plainest possible English: “The Congress shall have Power . . . To declare War.” Yet in the last twenty years Americans have fought two major wars—in Korea and in Vietnam—without a congressional declaration of war. Apart from the question of who has the right to send the armed forces into serious combat action, Vietnam has been a glaring instance of momentous foreign policy carried out with only the most cursory control by Congress.

          Naturally, many Americans opposed to the Vietnam war are crying outrage. Many others, for or against...

        • The Power of the Executive to Use Military Forces Abroad
          (pp. 506-520)
          QUINCY WRIGHT

          The problem of executive and congressional relations in foreign affairs—and especially in military affairs—has become more acute with the changed attitudes toward war which have followed World War I. The change in attitude is a consequence of the shrinking of the world which increased the probability of serious international conflict, the development of weapons of extraordinary destructiveness, the challenge to democracy with the rise of totalitarian ideologies and the more active involvement of the United States in international affairs. The danger to both democracy and security of uncontrolled military action by the President has been recognized and procedures...

        • Presidential War-Making: Constitutional Prerogative or Usurpation?
          (pp. 521-583)
          W. TAYLOR REVELEY III

          Among the principal rites of an unpopular war is the inquisition: the investigation of those men and institutions responsible for the decision to fight. Often the inquisition seeks only scapegoats.¹ But occasionally it is less concerned with fixing blame than with avoiding future evil. Much of the current inquiry into the scope of the President’s constitutional authority to commit American troops to foreign conflict partakes more of the redemptive than the punitive.² Reasoned consideration of the question, however, is difficult for at least three reasons. The problem is many-faceted; the relevant context, in both its precedential and policy elements, unusually...

        • Comments on the National Commitments Resolution COMMITTEE ON FOREIGN RELATIONS
          (pp. 584-592)

          Senate Resolution 85 is an ill-advised way in which to seek to achieve some sort of balance in foreign policy matters between the executive and legislative branches. It could even jeopardize the fixing of ultimate responsibility in foreign policy decisions.

          The issue is not a new one, however. It is as old as the history of the American Republic. Its currency derives from the war in Vietnam, but its roots go back to the founding of our country.

          In fact, the American ship of state was launched in 1776 upon waves of discontent with executive authority. The Thirteen Colonies, therefore,...

      • B. Matters of Legislative Prerogative
        • Congress and Foreign Policy
          (pp. 595-605)
          NICHOLAS deB. KATZENBACH

          Neither the President of the United States nor any of his principal officials charged with foreign policy responsibilites doubts the involvement or power of Congress in foreign affairs. Visible evidence of that power can be found throughout the statute books in laws authorizing and funding foreign diplomatic and military activities, regulating foreign commerce, providing economic and military assistance to foreign nations, and ratifying treaty obligations. Members of Congress devote considerable time and attention to these formal assertions of the Congressional role and far greater amount of time and energy is spent by them, and by the Executive Branch, in informal...

        • The Appropriations Power as a Tool of Congressional Foreign Policy Making
          (pp. 606-622)
          GARRY J. WOOTERS

          The commitment of American armed forces in Southeast Asia has recently caused intense controversy over the legitimacy of this involvement under domestic law.¹ The discussion centers on the respective roles of Congress and the President in the decision to employ the forces of the United States abroad. Most authorities agree that the role of the Congress has sharply diminished since the early years of our constitutional government.² For those who wish to see the Congress restored to its former position as a partner in the making of foreign and military policy, there appear to be two basic approaches. The first,...

      • C. Matters of Judicial Prerogative
        • Viet-Nam in the Courts of the United States: “Political Questions”
          (pp. 625-630)
          LOUIS HENKIN

          Since, as Toequeville noticed long ago, “Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question,” it comes as no surprise that the rending issues of the Viet-Nam war have knocked at judicial doors in the United States in various guises. But, invoking a defense which courts have developed since Tocqueville wrote, lower courts have largely rejected these issues under the doctrine that some political questions are “political questions” and are not justiciable.¹ And the Supreme Court of the United States (invoking yet another modern defense) has deniedcertiorariand...

        • The Justiciability of Challenges to the Use of Military Forces Abroad
          (pp. 631-653)
          JOHN NORTON MOORE

          To his colleagues from abroad, the American lawyer seems to have an extraordinary preoccupation with the judicial process. Whether because of the major role of the Supreme Court in the American system, the strength of the common law tradition, or the dominance of the Langdell-Ames case method of instruction in American law schools, it is second nature for the American lawyer to turn to the courts for solution of major issues. It is not surprising, then, that the controversy surrounding the Vietnam War has given rise to a multitude of cases in American courts. These cases have arisen in a...

        • Judicial Power, the “Political Question Doctrine,” and Foreign Relations
          (pp. 654-698)
          MICHAEL E. TIGAR

          The words “political question doctrine” are set off by inverted commas to denote my view that there is, properly speaking, no such thing. Rather, there is a cluster of disparate legal rules and principles any of which may, in a given case, dictate a result on the merits, lead to dismissal for want of article three¹ jurisdiction, prevent a party from airing an issue the favorable resolution of which might terminate the litigation in his favor, or authorize a federal court in its discretion and as a matter of prudence to decline jurisdiction to hear a case or decide an...

        • The Justiciability of Legal Objections to the American Military Effort in Vietnam
          (pp. 699-720)
          WARREN F. SCHWARTZ and WAYNE McCORMACK

          Lawyers, legal scholars,¹ and government officials² have acrimoniously debated the legality of the American involvement in Vietnam³ in a peculiar context in which “legality” is considered without regard to the process of adjudication and enforcement in which the issues may appropriately be decided.⁴ The two principal legal objections⁵ to America’s Vietnam involvement are: (1) The United States has violated its treaty obligations and applicable norms of international law,⁶ and (2) The President has exceeded his constitutional powers by committing American troops to a war in Vietnam without the requisite declaration of war by Congress.

          The first asserted objection to the...

    • IV. SPECIAL QUESTIONS OF INTERNATIONAL LAW
      • Legitimacy and Legal Rights of Revolutionary Movements with Special Reference to the Peoples’ Revolutionary Government of South Viet Nam
        (pp. 723-738)
        THOMAS M. FRANCK and NIGEL S. RODLEY

        International law is, or tends to become, what states do in practice. In regard to movements for the overthrow of governments, the traditional policy has been a rationalistic one which attempted to maintain status quo regimes and to measure the rights and duties of revolutionary movements by the degree of their success in establishing themselves as the new status quo. Roughly speaking, there were three grades of revolutionary self fulfillment. In ascending order these were: rebellion, insurrection and belligerency. While rebellions had few rights recognized in international legal practice, revolutionary belligerents at the other end of the spectrum were virtually...

    • V. PROSPECTS FOR SETTLEMENT
      • The Viet Nam Negotiations
        (pp. 741-764)
        HENRY A. KISSINGER

        The peace negotiations in Paris have been marked by the classic Vietnamese syndrome: optimism alternating with bewilderment; euphoria giving way to frustration. The halt to the bombing produced another wave of high hope. Yet it was followed almost immediately by the dispute with Saigon over its participation in the talks. The merits of this issue aside, we must realize that a civil war which has torn a society for twenty years and which has involved the great powers is unlikely to be settled in a single dramatic stroke. Even if there were mutual trust—a commodity not in excessive supply...

      • The International Control Commission Experience and the Role of an Improved International Supervisory Body in the Vietnamese Settlement
        (pp. 765-810)
        JOHN S. HANNON JR.

        The Vietnam peace negotiations continue, amid rampant speculation as to the possible terms of a settlement of that tragic conflict. An issue equally as important as the substantive content of any settlement is the nature and scope of the “impartial” supervisory body which will undoubtedly be formed to oversee its implementation. Ambassador Harriman, in the very first meeting with the North Vietnamese in Paris, underscored the importance of such a supervisory body: “. . . one of our major tasks will be to devise more effective ways of supervising any agreement and insuring the fair and equitable investigation of complaints.”...

      • The Neutralization of South Vietnam: Pros and Cons
        (pp. 811-824)
        CYRIL E. BLACK and ORAN R. YOUNG

        Among the proposals that have been made in the course of the debate on possible settlements of the conflict in South Vietnam, neutralization has been prominently mentioned but never adequately discussed.¹ What would be its advantages to the various parties to this dispute, and what problems does it present?

        The neutralization of a state is achieved by means of a formal agreement between the neutralized state and guarantor states. Under such an agreement, the neutralized state is bound to refrain from entering into alliances or collective security agreements with other states, from permitting the conduct of military operations by other...

    • VI. WORLD ORDER PERSPECTIVES
      • What We Should Learn from Vietnam
        (pp. 827-839)
        RICHARD A. FALK

        The future of American policy in Asia will be shaped by the ways in which our leaders interpret the Vietnam experience of the last ten years. At present, three principal interpretations of America’s long involvement in the Vietnam war are contending for dominant influence. The “lesson of Vietnam,” as public officials understand it, will probably be a shifting composite of these three views. All three of them assume in differing degree that the United States should use its military strength to defeat and discourage revolutionary movements in Asian countries and to contain Chinese power.

        I find this unfortunate, for each...

      • Controlling Local Conflicts
        (pp. 840-846)
        ELLIOT L. RICHARDSON

        It is a privilege to be asked to participate in this extraordinary symposium.

        Distinguished Soviet and American citizens are today mingling in this hall and exchanging views in a public forum, a fact which in itself contributes to a more positive relationship between our two countries.

        Privately organized meetings such as this add a valuable dimension to official contact. I congratulate all involved on this initiative and hope that your discussions will be fruitful and will lead to other such meetings, with the next round perhaps taking place in the Soviet Union.

        My remarks today were composed with an eye...

      • The Causes of Peace and Conditions of War
        (pp. 847-862)
        WILLIAM T. R. FOX

        What keeps wars going and what finally makes them stop? How can wars be made to end? Astonishingly little has been written in direct answer to these questions.¹ In this introductory article to a symposium on how wars end, the special case of thermonuclear central war is not separately treated. For many and perhaps most purposes, however, the general problem of war termination and the special problem of ending a two-way thermonuclear war may require separate analysis, if only because history has to be invented and alternative scenarios written to breathe life into and to test speculations about a class...

    • VII. DOCUMENTARY APPENDICES
      • President Nixon’s Address to the Nation on “Military Action in Cambodia,” April 30, 1970
        (pp. 865-872)
      • Ambassador Charles Yost’s Letter of May 5, 1970 to the United Nations Security Council
        (pp. 873-874)
      • A Report on the Conclusion of the Cambodian Operation Statement of President Nixon, June 30, 1970
        (pp. 875-892)
      • The Nuremberg Principles
        (pp. 893-894)
      • Geneva Convention Relative to the Treatment of Prisoners of War, 1949
        (pp. 895-895)
      • Department of the Army Field Manual, FM 27-10, The Law of Land Warfare, July 1956
        (pp. 896-896)
      • Peace Proposals of the Provisional Revolutionary Government of South Vietnam: May 1969 Ten Point Program; September 1970 Eight Point Program
        (pp. 897-903)
      • President Nixon’s Address to the Nation on “A New Peace Initiative for All Indochina,” October 7, 1970
        (pp. 904-908)
      • The National Commitments Resolution Senate Resolution 85, 91st Congress, 1st Session, Adopted June 25, 1969
        (pp. 909-909)
      • Amendment to the Foreign Military Sales Act (Cooper-Church Amendment)
        (pp. 910-910)
      • Official Statements about the “Understanding” of the United States Government with Respect to Termination of the Bombardment of North Vietnam: EXCERPTS: PRESIDENT NIXON'S NEWS CONFERENCE OF DECEMBER 10, 1970
        (pp. 911-920)
    • Civil War Panel
      (pp. 921-921)
    • Contributors
      (pp. 922-924)
    • Permissions
      (pp. 925-928)
    • Index
      (pp. 929-951)