I.

TABLE OF CONTENTS

THE UNITED STATES AND SOUTH VIET NAM HAVE

THE RIGHT UNDER INTERNATIONAL LAW TO PAR-

TICIPATE IN THE COLLECTIVE DEFENSE OF SOUTH

VIET NAM AGAINST ARMED ATTACK

Page

. 1

1

4

7

South Viet Nam enjoys the right

of self-defense

7

2.

The United States has the right to

assist in the defense of South Viet

Nam although the latter is not a

United Nations Member .

8

The Right of Individual and Collective

Self-Defense Applies Whether or Not

South Viet Nam is Regarded as an

Independent Sovereign State

11

. 11

14

II.

III.

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E.

The United Nations Charter Does Not Limit
the Right of Self-Defense to Regional
Organizations

15

F.

The United States Has Fulfilled its Obli-
gations to the United Nations

17.

G.

International Law Does Not Require a
Declaration of War as a Condition Precedent
to Taking Measures of Self-Defense Against
Armed Attack

THE UNITED STATES HAS UNDERTAKEN COMMITMENTS
TO ASSIST SOUTH VIET NAM IN DEFENDING ITSELF
AGAINST COMMUNIST AGGRESSION FROM THE NORTH

A.

The United States Gave Undertakings at
the End of the Geneva Conference in 1954

. 22

. 22

B.

The United States Undertook an Inter-
national Obligation to Defend South
Viet Nam in the SEATO Treaty

C.

The United States Has Given Additional
Assurances to the Government of South
Viet Nam

ACTIONS BY THE UNITED STATES AND SOUTH VIET NAM
ARE JUSTIFIED UNDER THE GENEVA ACCORDS OF 1954 .

22

26

. 28

C.

The Introduction of United States Military
Personnel and Equipment was Justified

IV.

V.

iii

· ·

D.

South Viet Nam was Justified in Refusing
to Implement the Election Provisions of
the Geneva Accords

THE PRESIDENT HAS FULL AUTHORITY TO COMMIT
UNITED STATES FORCES IN THE COLLECTIVE DEFENSE
OF SOUTH VIET NAM .

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• 32

34

A.

The President's Power Under Article II of
the Constitution Extends to the Actions
Currently Undertaken in Viet Nam

. 35

B.

The Southeast Asia Collective Defense
Treaty Authorizes the President's Actions. 37

March 4, 1966

THE LEGALITY OF UNITED STATES PARTICIPATION
IN THE DEFENSE OF VIET NAM

I.

THE UNITED STATES AND SOUTH VIET NAM HAVE THE
RIGHT UNDER INTERNATIONAL LAW TO PARTICIPATE
IN THE COLLECTIVE DEFENSE OF SOUTH VIET NAM
AGAINST ARMED ATTACK

In response to requests from the Government of South Viet Nam, the United States has been assisting that country in defending itself against armed attack from the Communist North. This attack has taken the forms of externally supported subversion, clandestine supply of arms

infiltration

of armed personnel, and most recently the sending of regular units of the North Vietnamese army into the South.

International law has long recognized the right of

individual and collective self-defense against armed attack. South Viet Nam and the United States are engaging in such collective defense consistently with international law and with United States obligations under the United Nations

Charter.

A. South Viet Nam is Being Subjected to Armed
Attack by Communist North Viet Nam

The Geneva Accords of 1954 established a demarcation

line between North Viet Nam and South Viet Nam. They