The Vietnam War and International Law, Volume 3 : : The Widening Context / / Richard A. Falk.
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...
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Superior document: | Title is part of eBook package: De Gruyter Princeton University Press Complete eBook-Package 2014-2015 |
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Place / Publishing House: | Princeton, NJ : : Princeton University Press, , [2015] ©1972 |
Godina izdanja: | 2015 |
Jezik: | English |
Serija: | American Society of International Law ;
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Opis: | 1 online resource (966 p.) |
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- Frontmatter
- Acknowledgments
- Contents
- Introduction
- I. THE CAMBODIAN INCURSION OF 1970
- A. The Expanded Zone of Combat
- From the Vietnam War to an Indochina War
- B. International Law Aspects
- United States Military Action in Cambodia: Questions of International Law
- The Cambodian Operation and International Law
- Legal Dimensions of the Decision to Intercede in Cambodia
- Comments on the Articles on the Legality of the United States Action in Cambodia
- United States Military Intervention in Cambodia in the Light of International Law
- Self-Defense and Cambodia: A Critical Appraisal
- United States Recognition Policy and Cambodia
- C. Constitutional Aspects
- The Constitutional Issues-Administration Position
- The Constitutionality of the Cambodian Incursion
- Commentary
- II. WAR CRIMES
- A. General Considerations
- The Nuremberg Principles
- The Hostage Case (excerpts)
- The High Command Case (excerpts)
- The Matter of Yamashita (excerpts)
- Targets in War: Legal Considerations
- Son My: War Crimes and Individual Responsibility
- Legal Aspects of the My Lai Incident
- Legal Aspects of the My Lai Incident-A Response to Professor Rubin
- Nuremberg and Vietnam: Who is Responsible for War Crimes?
- Β. Judicial Applications
- The Nuremberg Trials and Conscientious Objection to War: Justiciability under United States Municipal Law
- War Crimes and Vietnam: The "Nuremberg Defense" and the Military Service Resister
- Conscience and Anarchy: the Prosecution of War Resisters
- Nuremberg Law and U.S. Courts
- III. THE CONSTITUTIONAL DEBATE ON THE VIETNAM WAR
- A. Matters of Executive Prerogative
- The President, the People, and the Power to Make War
- The Power of the Executive to Use Military Forces Abroad
- Presidential War-Making: Constitutional Prerogative or Usurpation?
- Committee on Foreign Relations, Comments on the National Commitments Resolution
- B. Matters of Legislative Prerogative
- Congress and Foreign Policy
- The Appropriations Power as a Tool of Congressional Foreign Policy Making
- C. Matters of Judicial Prerogative
- Viet-Nam in the Courts of the United States: "Political Questions"
- The Justiciability of Challenges to the Use of Military Forces Abroad
- Judicial Power, the "Political Question Doctrine," and Foreign Relations
- The Justiciability of Legal Objections to the American Military Effort in Vietnam
- IV. SPECIAL QUESTIONS OF INTERNATIONAL LAW
- Legitimacy and Legal Rights of Revolutionary Movements With Special Reference to the Peoples' evolutionary Government of South Viet Nam
- V. PROSPECTS FOR SETTLEMENT
- The Viet Nam Negotiations
- The International Control Commission Experience and the Role of an Improved International Supervisory Body in the Vietnamese Settlement
- The Neutralization of South Vietnam: Pros and Cons
- VI. WORLD ORDER PERSPECTIVES
- What We Should Learn from Vietnam
- Controlling Local Conflicts
- The Causes of Peace and Conditions of War
- VII. DOCUMENTARY APPENDICES
- President Nixon's Address to the Nation on "Military Action in Cambodia," April 30, 1970
- Ambassador Charles Yost's Letter of May 5, 1970 to the United Nations Security Council
- A Report on the Conclusion of the Cambodian Operation Statement of President Nixon, June 30, 1970
- The Nuremberg Principles
- Geneva Convention Relative to the Treatment of Prisoners of War, 1949
- President Nixon's Address to the Nation on "A New Peace Initiative for All Indochina," October 7, 1970
- The National Commitments Resolution Senate Resolution 85, 91st Congress, 1st Session, Adopted June 25, 1969
- Amendment to the Foreign Military Sales Act (Cooper-Church Amendment)
- Civil War Panel
- Contributors
- Permissions
- Index