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The Nuremberg Trials and Objection to Service in the Viet-Nam War

Published online by Cambridge University Press:  27 February 2017

Tom J. Farer
Affiliation:
Columbia University School of Law
Lawrence C. Petrowski
Affiliation:
Columbia University School of Law

Abstract

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Type
Perspectives for International Legal Development
Copyright
Copyright © American Society of International Law 1969

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References

1 See Art. 2(1) of the Draft Code of Offences Against the Peace and Security of Mankind.

2 Cf. Bowett, Self-Defense in International Law 145 (1958).

3 There appears to be virtually universal agreement that the self-defense exception is, in any event, implicit in Art. 2(4).

4 For a fuller discussion see Petrowski, “Law and the Conduct of the Vietnam War,” in Falk (ed.), The Vietnam War and International Law, Vol. II (1969).

5 Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, npon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with. (Art. 12.)

6 See, e.g., Harvey, Air War Vietnam 62–63 (Bantam paperback, 1967).

7 Cf. Fall, “This Isn't Munich, It’s Spain,” Ramparts, Dec. 1965.

8 Reported by John T. Wheeler for the Associated Press, March 13, 1967.

9 New York Times, April 19, 1967.

10 See David Halberstam, The Making of a Quagmire 85 (1964).

11 Greenspan, The Modern Law of Land Warfare 361 (1959).