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Law at War, Vietnam, 1964-1973 by George Shipley Prugh Pdf
One of the first studies to examine exclusively the legal activities of judge advocates in Vietnam, focusing primarily on the U.S. Military Assistance Command (MACV).
Author : George S. Prugh,Major Gen George S Prugh Publisher : CreateSpace Page : 178 pages File Size : 44,5 Mb Release : 2015-10-02 Category : Electronic ISBN : 1517627737
Law at War by George S. Prugh,Major Gen George S Prugh Pdf
The American people have a special relationship with their law. While they themselves loudly criticize it as too slow, often archaic, and usually inadequate, they are at the same time devoted to its extraordinarily high legal principles-principles of fairness, openness, and justice frequently talked about by other peoples but rarely observed in actual daily practice to the extent that they are in America. The American people take their law with them, insofar as they are able, and they find it difficult to accept when other nations do not see justice in the same light they do. That war affects law is not apparent to many Americans, who are so used to peace at home, where their courts continuously function, that it is very hard for them to visualize how combat interferes with the legal process. It will surprise no serious student of American affairs to learn that from the beginning of American participation in the Vietnam War- there was a substantial presence of American law and legal institutions in the company of U.S. forces there. This presence of U.S. law had effects during American participation and after, some of them only dimly seen at this time because we are so close to the event. The purpose of this monograph is to describe the presence of law at a particular time and in a particular American command in Vietnam.
George S. Prugh,United States Department of the Army
Author : George S. Prugh,United States Department of the Army Publisher : Militarybookshop.CompanyUK Page : 174 pages File Size : 41,5 Mb Release : 2011-03-01 Category : History ISBN : 1780392443
Law at War by George S. Prugh,United States Department of the Army Pdf
First published in 1975. From the preface: "The purpose of this monograph is to describe the presence of law at a particular time and in a particular American command in Vietnam. I have selected the U.S. Military Assistance Command, Vietnam, as the headquarters, and the crucial years of 1964 through 1966 as the primary but not exclusive period of time to study, partly because as the senior legal officer, the Staff Judge Advocate at Military Assistance Command, Vietnam, then, I was most familiar with events, but in the main because it was in that headquarters and at that time that basic policy positions were formed. It was early apparent that law could have a special role in Vietnam because of the unusual circumstances of the war, which was a combination of internal and external war, of insurgency and nation-building, and of development of indigenous legal institutions and rapid disintegration of the remnants of the colonial French legal establishment. Further, the Vietnamese people were eager for knowledge of American institutions, including law."
The Vietnam War and International Law, Volume 4 by Richard A. Falk Pdf
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume—lawyers, scholars, and government officials—include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Monthly Catalog of United States Government Publications by United States. Superintendent of Documents Pdf
February issue includes Appendix entitled Directory of United States Government periodicals and subscription publications; September issue includes List of depository libraries; June and December issues include semiannual index
Customary International Humanitarian Law by Jean-Marie Henckaerts,Louise Doswald-Beck Pdf
This volume contains, for each aspect of international humanitarian law, a summary of the relevant treaty law and relevant state practice including legislation, military manuals, case-law and official statements, as well as practice of international organisations, conferences and judicial and quasi-judicial bodies. It offers a comprehensive overview of what current or past practice has been in the chosen representative countries around the world. This original and Authoritative work is published by Cambridge in association with the ICRC and will be an essential reference work for anyone involved with international humanitarian law.
Fighting at the Legal Boundaries by Kenneth Watkin OMM, CD, QC Pdf
The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Author : Robert C. Doyle Publisher : University Press of Kentucky Page : 488 pages File Size : 41,9 Mb Release : 2010-05-14 Category : History ISBN : 9780813139616
Revelations of abuse at Baghdad's Abu Ghraib prison and the U.S. detention camp at Guantánamo Bay had repercussions extending beyond the worldwide media scandal that ensued. The controversy surrounding photos and descriptions of inhumane treatment of enemy prisoners of war, or EPWs, from the war on terror marked a watershed momentin the study of modern warfare and the treatment of prisoners of war. Amid allegations of human rights violations and war crimes, one question stands out among the rest: Was the treatment of America's most recent prisoners of war an isolated event or part of a troubling and complex issue that is deeply rooted in our nation's military history?Military expert Robert C. Doyle's The Enemy in Our Hands: America's Treatment of Prisoners of War from the Revolution to the War on Terror draws from diverse sources to answer this question. Historical as well as timely in its content, this work examines America's major wars and past conflicts -- among them, the American Revolution, the Civil War, World Wars I and II, and Vietnam -- to provide understanding of the UnitedStates' treatment of military and civilian prisoners. The Enemy in Our Hands offers a new perspective of U.S. military history on the subject of EPWs and suggests that the tactics employed to manage prisoners of war are unique and disparate from one conflict tothe next. In addition to other vital information, Doyle provides a cultural analysis and exploration of U.S. adherence to international standards of conduct, including the 1929 Geneva Convention in each war. Although wars are not won or lost on the basis of how EPWs are treated, the treatment of prisoners is one of the measures by which history's conquerors are judged.
Fighting at the Legal Boundaries by Kenneth Watkin Pdf
"Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum." --