Falk The Vietnam War and International Law, Volume 3

The Widening Context
1. Auflage 2015
ISBN: 978-1-4008-6824-7
Verlag: De Gruyter
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, Band 1777, 966 Seiten

Reihe: Princeton Legacy LibraryAmerican Society of International Law

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.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover 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.

Autoren/Hrsg.

Falk, Richard A.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Frontmatter, pg. i
Acknowledgments, pg. v
Contents, pg. vii
Introduction, pg. 1
From the Vietnam War to an Indochina War, pg. 9
United States Military Action in Cambodia: Questions of International Law, pg. 23
The Cambodian Operation and International Law, pg. 33
Legal Dimensions of the Decision to Intercede in Cambodia, pg. 58
Comments on the Articles on the Legality of the United States Action in Cambodia, pg. 96
United States Military Intervention in Cambodia in the Light of International Law, pg. 100
Self-Defense and Cambodia: A Critical Appraisal, pg. 138
United States Recognition Policy and Cambodia, pg. 148
The Constitutional Issues–Administration Position, pg. 163
The Constitutionality of the Cambodian Incursion, pg. 175
Commentary, pg. 187
The Nuremberg Principles, pg. 193
The Hostage Case (excerpts), pg. 249
The High Command Case (excerpts), pg. 256
The Matter of Yamashita (excerpts), pg. 264
Targets in War: Legal Considerations, pg. 281
Son My: War Crimes and Individual Responsibility, pg. 327
Legal Aspects of the My Lai Incident, pg. 346
Legal Aspects of the My Lai Incident–A Response to Professor Rubin, pg. 359
Nuremberg and Vietnam: Who is Responsible for War Crimes?, pg. 379
The Nuremberg Trials and Conscientious Objection to War: Justiciability under United States Municipal Law, pg. 399
War Crimes and Vietnam: The “Nuremberg Defense” and the Military Service Resister, pg. 407
Conscience and Anarchy: the Prosecution of War Resisters, pg. 463
Nuremberg Law and U.S. Courts, pg. 477
The President, the People, and the Power to Make War, pg. 489
The Power of the Executive to Use Military Forces Abroad, pg. 506
Presidential War-Making: Constitutional Prerogative or Usurpation?, pg. 521
Committee on Foreign Relations, Comments on the National Commitments Resolution, pg. 584
Congress and Foreign Policy, pg. 595
The Appropriations Power as a Tool of Congressional Foreign Policy Making, pg. 606
Viet-Nam in the Courts of the United States: “Political Questions”, pg. 625
The Justiciability of Challenges to the Use of Military Forces Abroad, pg. 631
Judicial Power, the “Political Question Doctrine,” and Foreign Relations, pg. 654
The Justiciability of Legal Objections to the American Military Effort in Vietnam, pg. 699
Legitimacy and Legal Rights of Revolutionary Movements With Special Reference to the Peoples’ evolutionary Government of South Viet Nam, pg. 723
The Viet Nam Negotiations, pg. 741
The International Control Commission Experience and the Role of an Improved International Supervisory Body in the Vietnamese Settlement, pg. 765
The Neutralization of South Vietnam: Pros and Cons, pg. 811
What We Should Learn from Vietnam, pg. 827
Controlling Local Conflicts, pg. 840
The Causes of Peace and Conditions of War, pg. 847
President Nixon’s Address to the Nation on “Military Action in Cambodia,” April 30, 1970, pg. 865
Ambassador Charles Yost’s Letter of May 5, 1970 to the United Nations Security Council, pg. 873
A Report on the Conclusion of the Cambodian Operation Statement of President Nixon, June 30, 1970, pg. 875
The Nuremberg Principles, pg. 893
Geneva Convention Relative to the Treatment of Prisoners of War, 1949, pg. 895
President Nixon’s Address to the Nation on “A New Peace Initiative for All Indochina,” October 7, 1970, pg. 904
The National Commitments Resolution Senate Resolution 85, 91st Congress, 1st Session, Adopted June 25, 1969, pg. 909
Amendment to the Foreign Military Sales Act (Cooper-Church Amendment), pg. 910
Civil War Panel, pg. 921
Contributors, pg. 922
Permissions, pg. 925
Index, pg. 929