Legality of the Vietnam War
- Legality of the Vietnam War
The legality of the Vietnam War refers to the lawfulness of the 1965-1975 U.S. military activity that occurred in Vietnam.
Legality under national and international law
U.S. law
The Gulf of Tonkin Resolution, passed in 1964, authorized U.S. President Lyndon B. Johnson to use military force in Southeast Asia. The Resolution was repealed in 1971, however, and President Richard M. Nixon cited his power as commander-in-chief of U.S. forces under as legal authority for operations in Vietnam. No formal declaration of war was ever made.
International law
Chapter I of the United Nations Charter prohibits war that is not authorized by the UN Security Council (see Chapter VII of the UN Charter) or undertaken in self-defense (see Article 51 of the UN Charter). According to Richard Falk, "If the US Government had abided by international law, the dreadful experience of the Vietnam War would not have occurred." [ [http://www.wagingpeace.org/articles/2005/09/21_falk_abandonment-international-law.htm The Abandonment of International Law After 9/11] , Richard Falk, Sept. 21, 2005.] However, according to Benjamin B. Ferencz: [ [http://www.benferencz.org/arts/8.html War Crimes Law And The Vietnam War] , Benjamin B. Ferencz, The American University Law Review, Volume 17, Number 3, June 1968.]
Legal action
In United States v. Sisson, a federal judge dismissed a challenge to the Vietnam War’s constitutionality because it involved “just the sort of evidence, policy considerations, and constitutional principles which elude the normal processes of the judiciary and which are far more suitable for determination by coordinate branches of the government.”
References
Wikimedia Foundation.
2010.
Look at other dictionaries:
Opposition to the Vietnam War — Articleissues cleanup = July 2008 essay = March 2008 globalize = July 2008 refimprove = June 2008Opposition to U.S. involvement in the Vietnam War is significant because domestic protest in the U.S.A. eventually forced The United States… … Wikipedia
Opposition to the U.S. involvement in the Vietnam War — The movement against US involvment in the in Vietnam War began in the United States with demonstrations in 1964 and grew in strength in later years. The US became polarized between those who advocated continued involvement in Vietnam, and those… … Wikipedia
Media coverage of the Iraq War — Journalist Geraldo Rivera who while with the 101st Airborne Division during war with Iraq in 2003 began to disclose an upcoming operation drawing a map in the sand for his audience. The 2003 invasion of Iraq involved unprecedented media… … Wikipedia
war, law of — Introduction that part of international law dealing with the inception, conduct, and termination of warfare. Its aim is to limit the suffering caused to combatants and, more particularly, to those who may be described as the victims of war… … Universalium
The Wind and the Lion — Infobox Film name = The Wind and the Lion caption = promotional poster for The Wind and the Lion director = John Milius producer = Herb Jaffe Phil Rawlins (associate) writer = John Milius starring = Sean Connery Candice Bergen Brian Keith John… … Wikipedia
Chapter VII of the United Nations Charter — sets out the UN Security Council s powers to maintain peace. It allows the Council to determine the existence of any threat to the peace, breach of the peace, or act of aggression and to take military and nonmilitary action to restore… … Wikipedia
Counterculture of the 1960s — The Peace Sign, designed and first used in Britain in the Campaign for Nuclear Disarmament, became a major symbol of the counterculture era The counterculture of the 1960s refers to a cultural movement that mainly developed in the United States… … Wikipedia
War on Drugs — For other uses, see War on Drugs (disambiguation). As part of the War on Drugs , the U.S. gives hundreds of millions of dollars per year of military aid to Colombia, which is used to combat leftist guerrilla groups such as FARC, who have been… … Wikipedia
Outline of Vietnam — T … Wikipedia
war — war1 /wawr/, n., v., warred, warring, adj. n. 1. a conflict carried on by force of arms, as between nations or between parties within a nation; warfare, as by land, sea, or air. 2. a state or period of armed hostility or active military… … Universalium
