Author: William Thomas Allison
Release Date: 2007
A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values democracy and rule of law to the Vietnamese."
Author: William Thomas Allison
Publisher: JHU Press
Release Date: 2012-07-20
On March 16, 1968, American soldiers killed as many as five hundred Vietnamese men, women, and children in a village near the South China Sea. In My Lai William Thomas Allison explores and evaluates the significance of this horrific event. How could such a thing have happened? Who (or what) should be held accountable? How do we remember this atrocity and try to apply its lessons, if any? My Lai has fixed the attention of Americans of various political stripes for more than forty years. The breadth of writing on the massacre, from news reports to scholarly accounts, highlights the difficulty of establishing fact and motive in an incident during which confusion, prejudice, and self-preservation overwhelmed the troops. Son of a Marine veteran of the Vietnam War—and aware that the generation who lived through the incident is aging—Allison seeks to ensure that our collective memory of this shameful episode does not fade. Well written and accessible, Allison’s book provides a clear narrative of this historic moment and offers suggestions for how to come to terms with its aftermath.
Author: Allan A. Ryan
Release Date: 2014-10-17
The dramatic story of the 1945 war crimes trial of General Tomoyuki Yamashita, who was charged with atrocities he neither committed nor ordered and of which he likely had no knowledge. Even so, he was convicted and, following a Supreme Court review, executed for having failed to control his troops."
Author: Paul J. Springer
Release Date: 2010
An in-depth look at American POW policy and practice from the Revolutionary War to the current wars in Iraq and Afghanistan. Argues that U.S. treatment of prisoners has been improvised at best in almost every American conflict, due to a chronic failure to record and learn from practices in previous conflicts.
Author: David J. Silbey
Publisher: Hill and Wang
Release Date: 2008-03-04
It has been termed an insurgency, a revolution, a guerrilla war, and a conventional war. As David J. Silbey demonstrates in this taut, compelling history, the 1899 Philippine-American War was in fact all of these. Played out over three distinct conflicts—one fought between the Spanish and the allied United States and Filipino forces; one fought between the United States and the Philippine Army of Liberation; and one fought between occupying American troops and an insurgent alliance of often divided Filipinos—the war marked America's first steps as a global power and produced a wealth of lessons learned and forgotten. In A War of Frontier and Empire, Silbey traces the rise and fall of President Emilio Aguinaldo, as Aguinaldo tries to liberate the Philippines from colonial rule only to fail, devastatingly, before a relentless American army. He tracks President McKinley's decision to commit troops and fulfill a divinely inspired injunction to "uplift and civilize" despite the protests of many Americans. Most important, Silbey provides a clear lens to view the Philippines as, in the crucible of war, it transforms itself from a territory divided by race, ethnicity, and warring clans into a cohesive nation on the path to independence.
Author: Chris Bray
Publisher: W. W. Norton & Company
Release Date: 2016-05-17
A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.
The republics of Greece and Rome proved incapable of waging war effectively and remaining free at the same time. The record of modern republics is not much more encouraging. How, then, did the United States manage to emerge victorious from the world wars of this century, including the Cold War, and still retain its fundamental liberties? For Karl-Friedrich Walling, this unprecedented accomplishment was the work of many hands and many generations, but of Alexander Hamilton especially. No Founder thought more about the theory and practice of modern war and free government. None supplied advice of more enduring relevance to statesmen faced with the responsibility of providing for the common defense while securing the blessings of liberty to their posterity. Hamilton's strategic sobriety led many of his contemporaries to view him as an American Caesar, but this revisionist account calls the conventional "militarist" interpretation of Hamilton into question. Hamilton sought to unite the strength necessary for war with the restraint required by the rule of law, popular consent, and individual rights. In the process, he helped found something new, the world's most durable republican empire. Walling constructs a conversation about war and freedom between Hamilton and the Loyalists, the Anti-Federalists, the Jeffersonians, and other Federalists. Instead of pitting Hamilton's virtues against his opponents' vices (or vice versa), Walling pits Hamilton's virtue of responsibility against the revolutionary virtue of vigilance, a quarrel he believes is inherent to American party government. By reexamining that quarrel in light of the necessities of war and the requirements of liberty, Walling has written the most balanced and moving account of Hamilton so far.
Author: Em Prof Ingrid Detter
Publisher: Ashgate Publishing, Ltd.
Release Date: 2013-07-28
The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.
Author: Robert Doyle
Publisher: University Press of Kentucky
Release Date: 2010-05-14
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 moment in 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 United States’ 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 to the 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.
Author: John F. Sullivan
Publisher: Univ Pr of Kansas
Release Date: 2002-05
Genre: Biography & Autobiography
Any serious study of the Vietnam War would be less than complete without accounting for the CIA's role in that conflict -- a role that increased dramatically after the Tet offensive in 1968. We know most of the details of military engagement in Vietnam, given its greater visibility, but until recently clandestine operations have remained shrouded in secrecy. John Sullivan was one of the CIA's top polygraph examiners during the final four years of the war in Vietnam, where he served longer and conducted more lie detector tests than any other examiner and worked with more agents than most of his colleagues. His job was to evaluate the reliability of the agency's information sources, an assignment that gave him a more intimate view of the war than was afforded most other participants. In the first book to be written by such an operative, he tells what it was like to be an agency officer working in Vietnam, Cambodia, and Laos during those chaotic years, putting a human face on covert operations that helps us better understand why we lost the war. Of Spies and Lies traces Sullivan's journey from dedication to disillusionment while serving in Southeast Asia. Although many CIA personnel lived better in Vietnam and made more money than ever before, their actual working conditions hindered effective intelligence gathering. A much larger and far more distressing obstacle, however, was the agency's failure to send its "best and brightest" agents to Southeast Asia. On the contrary, as Sullivan notes, Vietnam became a kind of dumping ground for poor performers, alcoholics, refugees from bad marriages, and other "problem agents." Through anecdotes and inside stories Sullivan provides newinsights into CIA culture that debunk the "James Bond" image of clandestine operations and show how in Vietnam the seamier aspects of that culture were allowed to grow even worse. He discusses the roles of the CIA's three most significant players -- Ted Shackle, General Charles Timmes, and Tom Polgar -- from a more personal perspective than previously available and candidly portrays a rogues' gallery of cheats, scoundrels, and libertines, while also giving due credit to those who fought hard to maintain professional standards. One of the most frank and intimate looks at CIA operations in Vietnam ever published, Of Spies and Lies reveals why the CIA's efforts there were such a failure and allows a more complete assessment of its poor performance in a losing cause.
Author: Nick Turse
Release Date: 2013-01-15
Based on classified documents and first-person interviews, a controversial history of the Vietnam War argues that American acts of violence against millions of Vietnamese civilians were a pervasive and systematic part of the war and that soldiers were deliberately trained and ordered to conduct hate-based slaughter campaigns.
Author: Fred L. Borch
Publisher: Oxford University Press
Release Date: 2017-08-31
From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.
Author: Allan A. Ryan
Release Date: 2015-11-06
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and "enemy combatants" at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution's separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Author: Mai Elliott
Publisher: Rand Corporation
Release Date: 2010-02-08
This volume chronicles RAND's involvement in researching insurgency and counterinsurgency in Vietnam, Laos, and Thailand during the Vietnam War era and assesses the effect that this research had on U.S. officials and policies. Elliott draws on interviews with former RAND staff and the many studies that RAND produced on these topics to provide a narrative that captures the tenor of the times and conveys the attitudes and thinking of those involved.