Abstract

http://ssrn.com/abstract=1765463
 


 



War Crimes and Vietnam: The ‘Nuremberg Defense’ and the Military Service Resister


Anthony D'Amato


Northwestern University - School of Law

Harvey L. Gould


affiliation not provided to SSRN

Larry D. Woods


Tennessee State University

February 18, 2011

California Law Review, Vol. 57, p. 1055, 1969
The Vietnam War and International Law, Vol. 3, p. 407, 1972
Northwestern Public Law Research Paper No. 11-31

Abstract:     
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 orders, ignorance of the law, and duress, and have concluded that a service resister can state a valid claim that his service in Vietnam may place him in substantial danger of being responsible for commission of war crimes. Finally, we have maintained that in-service and possibly draft resisters raising a “Nuremberg defense” have standing, and raise questions which are both ripe and justiciable.

Number of Pages in PDF File: 58

Keywords: International Laws of Warfare, War Crimes, Vietnam War, Nuremberg Defense, Military Service Resister, Tu Quoque, Reprisal, Military Necessity, Superior Orders

JEL Classification: K10, K19, K30, K33

Accepted Paper Series


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Date posted: February 24, 2011 ; Last revised: June 30, 2011

Suggested Citation

D'Amato, Anthony and Gould, Harvey L. and Woods, Larry D., War Crimes and Vietnam: The ‘Nuremberg Defense’ and the Military Service Resister (February 18, 2011). The Vietnam War and International Law, Vol. 3, p. 407, 1972; Northwestern Public Law Research Paper No. 11-31. Available at SSRN: http://ssrn.com/abstract=1765463

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Harvey L. Gould
affiliation not provided to SSRN
Larry D. Woods
Tennessee State University ( email )
3500 John A Merritt Blvd.
Nashville, TN 37209
United States
Feedback to SSRN


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