Legality of the Vietnam War
Encyclopedia
The legality of the Vietnam War
refers to the lawfulness of the 1965-1975 U.S. military activity that occurred in Vietnam.
, passed in 1964, authorized U.S. President Lyndon B. Johnson
to use military force in Southeast Asia. The Resolution was repealed in 1971, however, and President Richard M. Nixon cited his power as commander-in-chief
of U.S. forces under Article Two of the United States Constitution as legal authority for operations in Vietnam. No formal declaration of war
was ever made.
prohibits war that is not to maintain or restore international peace (Article 42) or undertaken in self-defense (Article 51). According to Richard Falk, "If the US Government had abided by international law, the dreadful experience of the Vietnam War would not have occurred."
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
refers to the lawfulness of the 1965-1975 U.S. military activity that occurred in Vietnam.
U.S. law
The Gulf of Tonkin ResolutionGulf of Tonkin Resolution
The Tonkin Gulf Resolution was a joint resolution which the United States Congress passed on August 10, 1964 in response to a sea battle between the North Vietnamese Navy's Torpedo Squadron 10135 and the destroyer on August 2 and an alleged second naval engagement between North Vietnamese boats...
, passed in 1964, authorized U.S. President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
to use military force in Southeast Asia. The Resolution was repealed in 1971, however, and President Richard M. Nixon cited his power as commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of U.S. forces under Article Two of the United States Constitution as legal authority for operations in Vietnam. No formal declaration of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
was ever made.
International law
Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
prohibits war that is not to maintain or restore international peace (Article 42) or undertaken in self-defense (Article 51). According to Richard Falk, "If the US Government had abided by international law, the dreadful experience of the Vietnam War would not have occurred."