Contents Acknowledgments vii Introduction 3 I. ROLE OF INTERNATIONAL LAW AND ORGANIZATION John Norton Moore, "Law and National Security," Foreign 51 (1973), 408-421 Edwin Brown "Law and the Indochina War: A Retrospective View," Utah Law Review, 1 (Spring 1974), 1-24 25 Perry L. Pickert, "American Attitudes Toward International Law as in 'The Pentagon Papers' " 49 Donald W. McNemar, "United Nations Peacekeeping: An Alternative for Future Vietnams" 94 M. S. Rajan and T. Israel, "The United Nations and the Conflict in Vietnam," International 12 (October 5» II. LAWS OF WAR L. C. Green, "Aftermath of Vietnam: War Law and the Soldier" 147 John Norton Moore, "Ratification of the Geneva Protocol on Gas and Bacterial Warfare: A Legal and Political Analysis," Virginia Law Review, 58 (March 1972), 420-509 176 Michael Krepon, "Weapons Inhumane: The Case of Cluster Foreign 52 (April 1974), 595-611 266 Arthur H. Westing, "Proscription of Ecocide: Arms Control and the Environment," Bulletin of the tists, 30 (January 1974), 24-27 283 Richard A. "Environmental Warfare and Ecocide," 287 Bulletin of Peace Proposais, 173 1-17 Hamilton Desaussure, "The Laws of Air Warfare: Are There Any?" International Lawyer, 5 1971), 527-548 304 The concluding phase [2015?] digitalisiert durch: IDS Luzern
Richard A. Falk, "International Law Aspects of Repatriation of Prisoners of War During Hostilities," American Journal of International Law, 67 1973), Howard S. Levie, "International Law Aspects of Repatriation of Prisoners of War During Hostilities: A American Journal of International Law, 67 (October 693-710 Richard A. Falk, "Correspondence," American Journal of International Law, 68 (January 104-106 358 III. WAR AND RESPONSIBILITY Tom J. Robert G. Jr., Telford Taylor, "Vietnam and The Nuremberg Principles: A Colloquy on War Crimes," Law Journal, 5 (Fall 1973). 1-58 A. "A Response to Telford Taylor's 'Nuremberg and Vietnam: An American Akron Law Review, 5 (1972), 43-68 4 21 Jordan J. Paust, "After My Lai: The Case for War Crimes Jurisdiction Over Civilians in District Courts," Texas Law Review, 50 (December 447 IV. SETTLEMENT OF THE VIETNAM WAR Richard A. Falk and Eugene V. Rostow, "The Justness of the Peace," American Journal of International Law, 67 (November 1973), 479 Tran Van Dinh, "Viet 1974: A Revolution filled," Pacific Community, 5 (April 435-444 493 "One Year of Implementation of the Paris Agreement on Viet Nam," White Book, Ministry of Foreign Affairs, North Viet Nam, (January 1974), 5-31 503 V. AND Philippa Strum, "The Court and the Vietnamese War" 535 Charles A. Lofgren, "War-Making Under the Constitution: The Original Understanding," Law Journal, 81 (March 1972), 672-702 573
Berger, "War-Making by the President," University of Pennsylvania Law Review, 121 (November 1971), 29-86 604 Don Wallace, Jr. "The War-Making Powers: A Constitutional Law Review, 57 (May 1972), 776 662 Scott J. Wenner, "The Indochina War Cases in the United States Court of Appeals for the Second Circuit: The Constitutional of War Powers," New York University Journal of International Law and Politics, 7 (Spring 137-161 720 Charles N. Brower, "Department Gives Views on Proposed War Powers Legislation," Department of State Bulletin, 68 (April 9, 1973), 434-439 745 Eugene V. "Great Cases Make Bad Law: The War Powers Act," Texas Law Review, 50 (May 1972), 833-900 751 VI. DOCUMENTARV APPENDIX 1: SETTLEMENT OF THE INDO CHINA WAR Part A. Vietnam Texts of (Paris) Agreement and Protocols on Ending the War and Restoring Peace in Vietnam, Department of State Bulletin, 68 (February 12, 1973), 169-188 821 Transcript of Le Duc Tho News Conference in Paris on Vietnam Accord, quoted from Reuters (January 24, 1973) 841 An Interview with Ly Van Sau, Delegate of the Provisional Revolutionary Government to the Paris Peace Conference, Paris, January 31, 1973 846 Dr. News Conference, January 24, 1973, Department of State Bulletin, 68 (February 12, 155-169 849 Act of the International Conference on Viet Nam, Signed at Paris, March 2, 1973. Reprinted from the American Journal of International Law, 67 1973), 620-622 864 Four-Party Joint Communique, Signed at Paris on Implementation of Viet Nam Agreement, June 13, 1973. Reprinted from Department of State Bulletin, 69 (July 9 1973).
Part B. Laos Lao Government of Vientiane-Lao Patriotic Forces: Agree- 873 on Cease-Fire in Laos, February 1973 Part C. Cambodia Congressional "Cambodia rider" to end the bombing on August Second Supplemental Appropriations Act, July 1, 1973, Title III, Section 307 President Nixon's letter to Albert and Mike Mansfield concerning the "Cambodia rider," August 3, 1973 883 VII. APPENDIX SOME PRINCIPAL BY UNITED STATES COURTS AND LEGISLATIVE ACTION BY THE UNITED STATES CONGRESS ON INDOCHINA-RELATED ISSUES Part A. Judicial Appendix Holtzman v. Schlesinger, 361 Supplement 553 (E. D. N. Y. 1973) 887 Holtzman v. Schlesinger, 484 Federal Reporter Series 1307 (cir. 1973) 9 Mottola v. Nixon, 318 Federal Supplement 538 (1970) 912 Orlando v. Laird, 443 Federal Reporter 2d Series denied, 404 US 869 (1971]) Commonwealth of Massachusetts v. Laird, 451 Federal Reporter Series 26 (1971) 933 Commonwealth of Massachusetts v. Laird, 400 U.S. Reports 886 (1970) 940 Part B. Legislative Action Special Foreign Assistance Act of 1971 (Public Law 91-652), January 5, 1971, Sections 7, 8, 652 957 The War Powers Resolution President Nixon's Veto of House Joint Resolution 542, October 24, 1973. Reprinted from the Department of State Bulletin, 69 (November 26, 1973), 662-664 958 White House Statement of November 7, 1973, when the Congress overrode President Nixon's of House Joint Resolution 542
The War Powers Resolution, Joint Resolution, Public Law 93-148, November 7, 1973. Reprinted from the American Journal of International Law, 68 (April Department of Defense Appropriation Authorization Act (Public Law 93-155), November Tide VIII, Sections 967 Foreign Assistance Act of 1973 (Public Law 93-189), December 17, 1973, Sections 112, 503(6), 657 (Sections 37) Foreign Assistance and Related Programs Act (Public Law January 2, 1974, Sections 112,604 971 VIII. SPECIAL SUPPLEMENT: WAR ENDS IN INDOCHINA Editorial Note 975 Text of U. S. note protesting North Viet-Nam's Violation of Peace Accords, January 1975. Reprinted from Department of State Bulletin, 72 (February 3, 1975), 144-145 977 Statement on Military Assistance to Viet-Nam and Cambodia, by Philip C. Assistant Secretary of State for East Asian and Pacific Affairs, before Special on Investigations of the House Committee on Foreign Affairs, March 6, 1975. Reprinted from Department of State Bulletin, 72 (March 31, 979 in Seven Points and Applied by Provisional Revolutionary Government of South Vietnam," text of April 2, 1975. Reprinted from New York Times, April 3, 1975, p. 17 983 Text of U. S. notes on North Vietnam to end military offensive, April 1975. Reprinted from Department of State Bulletin, 72 (April 28, 1975), 539-540 988 Excerpt from President Ford's News Conference, April 3, 1975. Reprinted from Department of State Bulletin, 72 (April 28, 1975), 542-543 "U. S. Foreign Policy: Finding in Secretary Henry A. Kissinger's address before American
Society of Newspaper Editors, April 17, 1975. Reprinted from Department of State Bulletin, 72 (May 5, 1975), Excerpts from Nguyen Van Thieu's resignation address as President of Republic of Vietnam, April 21, 1975. Reprinted from New York Times, April 22, 1975, p. 14 99 8 Inaugural address of Duong Van Minh as President of Republic of Vietnam, April 28, 1975. Reprinted from New York Times, April 29, 1975, p. 14 President Ford's Statement on Vietnam, April 1975. Reprinted New York Times, April 30, 1975, p. 1004 Texts of letters sent by President Richard M. Nixon to President Nguyen Van Thieu, November 14, 1972, and January 5, 1973, released April 30, 1975, by Nguyen Tien Hung, former Minister of Planning, Republic of Vietnam. Reprinted from New York Times, May 1, 1975. p. 16 1005 President Ford's specifying end of the "Vietnam Era" for purposes of qualifying for veterans benefits, May 7, Reprinted from New York Times, May 8, Robert W. Tucker, "Vietnam: The Final May 1975, pp. 27-34 1011 Stanley Hoffmann, "The Sulking Giant," The New Republic, May pp. 15-17 1019 Richard A. Falk, "Vietnam: The Final The Nation, May 17, 1975, pp. 582-584 1021 Civil War Panel 1024 Contributors Permissions Index 1025 1027 1031