Legal and Policy Issues of the Indochina War

Advanced Topics in National Security Law


2008 Course Syllabus

Reading Assignments

Bibliography
Supplemental Readings vol. 1
Supplemental Readings vol. 2
Supplemental Readings vol. 3
Turner PowerPoint lecture 1
Turner PowerPoint lecture 2
Turner PowerPoint lecture 3
Turner PowerPoint lecture 4
Turner PowerPoint lecture 5

Dates & Topics

August 27
I. Historical Overview
A. Setting the Stage: Ho Chi Minh, the French Indo-China War, and the Origins of the American Commitment

September 3
B. Vietnam and the Cold War Context

Guest Participant: Dr. Norman Graebner, Compton Professor of History Emeritus, University of Virginia

September 10
C. The 1954 Geneva Conference, SEATO, the Tonkin Gulf, and the American Military Buildup in South Vietnam

September 17
D. Political Warfare, the Tet Offensive, and the Anti-War Movement

September 24
II. International Legal Issues
A. The Charter Framework and the Norms of Intervention
B. Competing Views: Aggression from the North or Civil War
--Aggression from the North?
--Civil War Inside South Vietnam?
--Civil War Between North and South Vietnam?
C. Collective Defense and the Scope of Permissible Response
D. The 1970 Cambodian Incursion
E . The 1973 Paris Accords F. Breaking the Peace: The 1975 Invasion of South Vietnam

Guest Participant:[rescheduled from October 22] Dr. Lewis Sorley, author of “A Better War” and former West Point professor

October 1
G. The Air War in Vietnam and its Influence on More Recent Conflicts

Guest Participant: W. Hays Parks, Esq., Law of War Chair, Office of the General Counsel Department of Defense

****** Fall Break October 6-8, 2008 ******

October 15
H. Prisoners of War – A First-Person Account [rescheduled to Nov. 12]

Guest Participant: Paul Galanti Former Navy Lieutenant shot down over North Vietnam in 1966; Spent seven years as a Prisoner of War in the “Hanoi Hilton”

October 22
III. Military Assessments of the War
A. A Military Historian Reflects on Vietnam

October 29
B. Strategic Assessment from Kennedy to Nixon

Guest Participant: Dr. Marin J. Strmecki Vice President, Director of Programs Smith Richardson Foundation

November 5
C. War Crimes and the Law of Armed Conflict: My Lai, Son Thang, Hue, and Related Issues

Guest Participant: Gary D. Solis Author and Adjunct Professor, George University Law Center

November 12
IV. National Legal Issues A. Constitutional War Powers: Congress, Vietnam, and the War Powers Resolution

November 19
B. Military Operations, the Media, and the First Amendment

Guest Participant: Professor Robert O'Neil Director, Thomas Jefferson Center for the Protection of Free Expression, and former President of the University of Virginia

C. The Role of the Judiciary: The Judiciability of Challenges to the War

****** Thanksgiving Break, November 26-28, 2008 ******

December 3
IV. Vietnam - Lessons for the Future A. Could the War Have Been Won? B. A Cost of American Withdrawal: Repression and Democide