Vietnam War

1. International Humanitarian Law
D.A.S.A.Leelarathna
2010/L/6078
Faculty of Law
University of Colombo

2. Approach to the Presentation
 “As in a boxing match, pummeling the opponent's
upper body is fine; hitting below the belt is
proscribed. As long as the rules of the game are
observed, it is permissible to cause suffering ,
deprivation of freedom, and death”.
 Prof. Theodor Meron
 The Humanization of Humanitarian Law

3. VIETNAM WAR
Between 1st Nov. 1955 – 30th April 1975
Parties Involved
North Vietnam South Vietnam
Vs
(The Soviet Union (United States of
and the People's America)
Republic of
China)

4. The Background
In July 1954, after one hundred years of
colonial rule, a defeated France was
forced to leave Vietnam
The Geneva Peace Accords, signed by
France and Vietnam in the summer of
1954, provided for the temporary
partition of Vietnam at the 17th
parallel, with national elections in 1956
to reunify the country.
In the North, a communist regime,
supported by the Soviet Union and the
People's Republic of China, set up its
headquarters in Hanoi under the
leadership of Ho Chi Minh
US Involvement- Basically to hold the line against the spread of world
Communism.

5. The Nature of the Conflict
 At First, this was an internal Conflict of Vietnam
 (Non-International)
In 1955, with the help of massive amounts of American
military, political, and economic aid, the government of
the Republic of Vietnam (South Vietnam) was born.
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6. The responses of the International
Community to the conflict
 War protesters gathered in Saigon to express
dissatisfaction with the way the Diem government
was handling South Vietnam ’ s internal political
dissension.
 Antiwar Protests

7. The Applicability of the Geneva Conventions of 1949
and Additional Protocols of 1977
Vietnam Ratified Geneva Conventions 28-06-1957
United States of America signed Geneva Conventions in 1949
and Ratified 02-08-1955
No Applicability of Additional Protocols of 1977 to this Conflict

8. The law of Geneva,
 designed to
1. safeguard military personnel who are no longer
taking part in the fighting and
2. people not actively involved in hostilities, i.e. civilians;
3. IHL has two branches:
 The law of Geneva,
 The law of The Hague
1. With the adoption of the Additional Protocols of 1977
to Geneva Convention, which combine both
branches of law.

9. Violations of Humanitarian Law
 The My Lai Massacre  “Operation Ranch Hand”
The defoliation program, using
Agent Orange.
The United States therefore used
unconventional weapons
U.S. soldiers killed hundreds of
unarmed Vietnamese civilians in a
small village ,“My Lai”.

10. The My Lai Massacre (March 1968)
 Murder in the name of war - My Lai
 In the course of three hours more than 500 Vietnamese
civilians were killed in cold blood at the hands of US troops. The
soldiers had been on a "search and destroy" mission to root
out communist fighters in what was fertile Viet Cong territory.

11. These alleged acts could possibly be violations of Treaty Law ?
Common Article 3 of the Geneva Conventions
I (a) violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
IV Geneva Convention – Article 31
“No physical or moral coercion shall be exercised against protected
persons, in particular to obtain information from them or from third
parties.”
IV Geneva Convention- Article 32
Prohibition of corporal punishment

12. IV Geneva Convention- Article 27
Women shall be especially protected against
any attack their honour in particular against
rape, enforced prostitution or any form of
incident assault.
Application of Customary International Law
The principle of distinction
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13. “Operation Ranch Hand” – the
defoliation program, using Agent Orange
 This deadly chemical cocktail, containing dioxin, killed
off millions of acres of jungle to try to weaken the
Vietcong – but left a horrendous legacy in Vietnam.
 The dioxin got into the food chain causing
chromosome damage to humans. There were hundreds of
cases of children born with deformities.

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16. Thank You!