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international laws of conduct over and above those of their respective armies. Of greatest importance with respect to this book, however, is that the United States as a result of its participation emerged as legally, morally, and politically bound to the principles that resulted from the
Nuremberg trials. Thus, Taylor is concerned by how the principles of the Nuremberg trials would apply to the United States' conduct of the Vietnam War.
335:, is an account of the Vietnam War in regard to international law, written by an expert on the subject. It stands not as an accusation, but as an exposition of possible problems faced by the United States as a result of its involvement in the Vietnam War. The Nuremberg Trials are used more or less as a counterpoint, though this in itself shows that Taylor opposed the Vietnam War.
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The
Nuremberg Trials, for which Taylor served as a leading figure, gave rise to several developments in regard to international law as applied to warfare. First, it gave international jurisdiction to the prosecution of war crimes; and second, it obligated individuals engaged in warfare to adhere to
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The soldier, be he friend or foe, is charged with the protection of the weak and unarmed. It is the very essence and reason for his being. When he violates this sacred trust, he not only profanes his entire cult, but threatens the very fabric of international society. The traditions of fighting men
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was published, those in favor of and those in opposition to the United States involvement in
Vietnam frequently cited the Nuremberg trials in support of their positions. Those in favor of United States involvement argued that North Vietnam attacked South Vietnam in violation of Article 2 of the
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branch of government held responsibility for officially declaring military action in
Vietnam. It is the opinion of Taylor that both the President and the Congress bear responsibility, and that the Vietnam War could only be ended by an act of national will, rather than by judicial means.
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on the adjacent page by an eyewitness account of the My Lai
Massacre. The accounts are similar, yet Taylor explains all of the differences, and in characteristically unbiased fashion shows the difficulty in determining whether or not crimes were committed by the United States.
24:
185:. These rules were put into place in order to minimize unnecessary cruelties during the course of warfare. The rules protected civilian populations from massacre and the needless spread of disease. Thus, the blanket of
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involved in the
Vietnam War could be deemed the "aggressor." What's more, such ambiguities lead to several related questions, such as the legality of refusing to serve in Vietnam. At the time, many
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that protects soldiers from being held criminally responsible for murder committed during the course of warfare had to be carefully balanced so as to discourage wartime atrocities.
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and later led to a demand for the formalization of international laws of warfare. Thus, international laws of warfare were codified by means of a series of treaties known as the
239:" by the standards of Nuremberg. Taylor points out that the definition of "aggressive warfare" is ambiguous, thus severely hindering any attempt to determine which of the
232:; South Vietnam was justified in using force to repel such an attack; and this in turn allowed the United States to join with South Vietnam as provided by Article 51.
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Taylor also raises domestic problems with regard to the United States' involvement in the
Vietnam War. According to Taylor, it remains to be seen whether the
284:. It is in this portion of the book that Taylor makes the most extensive comparison of Nuremberg to the Vietnam War. In this section, Taylor quotes two
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216:. The most important consequence of these treaties is that all nations, whether signatory or otherwise, were bound by international laws of war.
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refused to serve in
Vietnam on the grounds that their complicity in what they viewed as an illegal war made them, by implication, guilty of
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Taylor cites possible war crimes in regard to the Son My incident, which is more commonly known as the
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However some would claim that the US and South
Vietnamese actions in the Vietnam War would constitute "
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are long and honorable. They are based upon the noblest of human traits—sacrifice.
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confirming the death sentence imposed by a U. S. military commission on
Japanese
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Instructions for the Government of Armies of the United States in the Field
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Courts of terror: Soviet criminal justice and Jewish emigration
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accounts, each from a different war. One account, written by a
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The laws of war remained largely unwritten until U.S. President
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Sword and Swastika: Generals and Nazis in the Third Reich
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Grand Inquest: The Story of Congressional Investigations
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is an examination of the United States' conduct of the
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436:Two Studies in Constitutional Interpretations
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157:at the war crimes trials of Nazi leaders in
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153:Telford Taylor, was once the Chief Counsel
17:Nuremberg and Vietnam: An American Tragedy
483:Nuremberg and Vietnam: An American Tragedy
333:Nuremberg and Vietnam: An American Tragedy
225:Nuremberg and Vietnam: An American Tragedy
173:The book begins with a lengthy history of
122:Nuremberg and Vietnam: An American Tragedy
102:Nuremberg and Vietnam: An American Tragedy
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412:, Northwestern University Press 1974;
128:in comparison to the actions taken by
109:, the Chief Counsel Prosecutor at the
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450:External links concerning the author
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307:officers in 1942. This account is
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546:Conscription in the United States
165:would be tried for their crimes.
516:History books about World War II
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200:", in 1863. Concerning spies,
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536:International law literature
295:, describes the killing of
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531:International criminal law
397:Munich: The Price of Peace
142:General Tomoyuki Yamashita
105:is a 1970 book written by
399:, Random House Inc 1980;
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458:on April 1, 1946 at the
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410:Perspectives on Justice
249:crimes against humanity
245:conscientious objectors
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317:United States Congress
230:United Nations Charter
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138:Gen. Douglas MacArthur
293:construction engineer
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177:beginning with the "
470:Columbia University
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551:Military sociology
241:belligerent powers
237:aggressive warfare
214:Geneva conventions
206:military tribunals
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466:A short biography
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