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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

20

H.

Summary

21

II.

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

22

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III.

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

28

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The Introduction of United States Military
Personnel and Equipment was Justified

29

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IV.

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

34

A.

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

35

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B.

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

37

c.

The Joint Resolution of Congress of
August 10, 1964 Authorizes United States
Participation in the Collective Defense
of South Viet Nam

39

D. No Declaration of War by the Congress is

Required to Authorize United States Par-
ticipation in the Collective Defense of
South Viet Nam

47

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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 sup

ported 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

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