Gray, Ronald A.

English

Case Western Reserve University School of Law

Case Western Reserve Journal ofInternational LawVolume 9 | Issue 21977Book ReviewRonald A. GrayFollow this and additional works at: https://scholarlycommons.law.case.edu/jilPart of the International Law CommonsThis Book Review is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law ScholarlyCommons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case WesternReserve University School of Law Scholarly Commons.Recommended CitationRonald A. Gray, Book Review, 9 Case W. Res. J. Int'l L. 425 (1977)Available at: https://scholarlycommons.law.case.edu/jil/vol9/iss2/61977]BOOK REVIEWSLAW AND RESPONSIBILITY IN WARFARE: THE VIETNAM EXPERIENCE.By Peter D. Trooboff (ed). Chapel Hill, North Carolina: The Uni-versity of North Carolina Press (1975). Pp. 280. $13.95.War is the final political means to settle a disagreement. Theparadox of a total effort to destroy the enemy in a civilized man-ner has bred many gray areas in the Laws of War.This volume focuses upon the difficulties of interpreting, andinsuring compliance with the Laws of War. The methods, means,and weapons of warfare are constantly changing. Technology andthe response to that technology by less advanced belligerents haspushed the nations of the world to reassess and qualify the Lawsof War. This text uses the Vietnam War as the stage to raisethe controversial issues of a humanitarian war. That experienceraised questions as to the legal methods of counterinsurgency,the limitations upon weaponry, and the individual's responsibilityfor transgressing ill-defined guidelines on brutality.The editor divides the book into three main sections. Part Onedeals with the methods and means of warfare. Part Two discussesthe weapons of warfare; and Part Three covers the individualresponsibility in warfare. Each of these sections is a balancedaccount of the legal issues raised by the Vietnam experience.The contributors to this collection are the leading participants inthe national debate about the conduct of the Vietnam War. Theeditor's open forum approach allows the supporters and thecritics of the war to present their views and to rebut the opposingviewpoint.The contributors examine the customs of war, then presentstrong arguments to support their view. The basic disagreementconcerns what restrictions, if any, have become customary obli-gations binding on the United States, even though such restric-tions are not part of treaties to which the United States is aparty.Because of the reliance upon custom and usage, the editoroutlines the reasons and historical development of the rules ofwar in an introduction. The outline is a concise, comprehensivesummary of the codified laws that govern armed conflicts andassert humanitarian values to be considered during warfare. Thesummary suggests that the Vietnam issues are not unique, butare recurring problems in warfare.CASE W. RES. J. INT'L L.One of the principal questions raised concerning the applica-tion of the Laws of War in Vietnam, is whether or not a highlytechnological counter-insurgent may use its highly advancedweapons against a low technology insurgent. An ancillary ques-tion is whether this disparity causes insurgent irregulars to disre-gard the Laws of War and not wear "fixed distinctive signs rec-ognizable at a distance." This issue in turn raises questions asto whether relocation and resettlement is an appropriate remedyfor that response; the legality of "free fire zones"; and the allow-able circumstances for an armed force to fire upon inhabitedvillages.Basic to the answers to these questions is the doctrine of mili-tary necessity, but its scope is unclear. That doctrine is particu-larly unclear as to when military necessity becomes politicallymotivated. This text deals with that issue in an extensive analy-sis of the legality of the 1972 Christmas bombings of Hanoi.The second principal issue raised concerns the use of contro-versial weapons such as napalm, lachrymatories, and herbicides.This is the area in which the paradox of war is the strongest. Atwhat point does a weapon exceed its function of demobilizing theenemy and become an instrument of brutality? What should theground rules be for declaring them illegal? Professor Tuckerconcludes that customary law prohibits the use of all chemicalweapons with either lethal or lastingly injurious effects. The is-sue then becomes whether lachrymatories and herbicides havethose effects. The effects of napalm (burning and adhesiveproperties) cause some to argue that it should be totally prohib-ited in armed conflicts. Others view napalm as a practical weap-on to destroy the military capabilities of the enemy. The compro-mise argument proposes a United Nations study to determinewhether it is necessary to prohibit napalm. A United Nations re-port found that no rule prohibits the use of napalm upon selectedtargets.The third principal issue involves the responsibility of the in-dividuals who were in command during the Vietnam War. Em-phasis is placed upon World War II and the post-World War IIramifications of Nuremburg. The contributors treat the conceptof liability as extending beyond the officer at the battlefront. Itincludes the chain of command and civilian leaders. But there isstill room for disagreement because the crimes of Hitler clearlywere the extreme. The contributors present conflicting views onthe standard of criminal responsibility that officers bear for the[Vol. 9: 4251977] BOOK REVIEW 427unlawful actions of their men. Professor Wasserstrom poses per-ceptive questions concerning the precise motive, purpose, andknowledge of civilian or military leaders that should be requiredin order to hold them liable for crimes against peace.Law and Responsibility in Warfare: The Vietnam Experience servesas a balanced study of the controversial methods and weaponsused in the Vietnam War. The contributors present the readerwith an excellent array of primary authority on the conflictingapproaches in interpreting the Laws of War.RONALD A. GRAY** J.). Candidate, Case Western Reserve University, 1978.

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