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Full-Text Articles in Law
Vietnam And Public International Law, Anthony D'Amato
Vietnam And Public International Law, Anthony D'Amato
Faculty Working Papers
With each international crisis inevitably come the selfstyled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counterclaims. The remainder of this comment will be addressed to the larger issues involved and some suggested …
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
Faculty Working Papers
We have attempted to establish first that the international laws of warfare are part of American law, and have argued that these laws, when taken as prohibitions of specific methods of waging war, are a practical and effective means of controlling unnecessary suffering and destruction. Second, we have analyzed these laws as they apply to treatment of prisoners of war, aerial bombardment of nonmilitary targets, and chemical and biological warfare, and have marshalled a portion of the available evidence that American forces commit war crimes in Vietnam. Third, we have discussed the defenses of tu quoque, reprisal, military necessity, superior …