The Birth of ‘Operational Law’

2020 ◽  
pp. 89-116
Author(s):  
Craig Jones

This chapter analyses the invention and development of ‘operational law’ by US military lawyers and commanders in the decades following the Vietnam War. Operational law is a pragmatic, practitioner-oriented, and military-friendly framework for interpreting rights and responsibilities under international, domestic and military law. This chapter shows how operational law helped the US military to put these legal regimes to work in the service of achieving military objectives, as military lawyers helped create a broadly permissive albeit bounded legal environment for military operations. The birth of operational law laid the foundations for a new symbiosis between commanders and lawyers, providing them with a common vocabulary and a shared understanding of the mission—factors which were later crucial to the integration of military lawyers into targeting operations.

Author(s):  
Robert Pietrygała ◽  
Zdzisław Cutter

The article focuses on the period of the Vietnam War, with particular emphasis on the role played by engineering troops (as a necessary component of individual tactical associations, and a guarantee of success of military operations conducted by the US army). The paper presents the engineering troops’ efforts to build military infrastructure, as well as the assistance provided to the South Vietnamese society. The article contains a list of all engineering units of the American army involved in the Vietnamese conflict, their organizational structure, personnel status, dislocation, as well as the scope of tasks assigned to them. In addition, it shows the cooperation between engineering units and civil contractors at the service of the army (especially in the period preceding the direct involvement of the United States in the war).


2020 ◽  
pp. 51-88
Author(s):  
Craig Jones

This chapter argues that the US-led war in Vietnam (1955–1975) paved the way for institutional changes in the US military, including the establishment of the US Law of War Program, which later precipitated the emergence of a new doctrinal approach to the laws of war called ‘operational law’. Military lawyers emerged from the Vietnam War better equipped and with a formal mandate to advise military commanders on the legality of targeting operations. Military lawyers performed a wide range of duties in Vietnam, especially around Prisoner of War (POW) issues, and were deployed in unprecedented numbers. Military lawyers were not involved in targeting, neither during ‘Operation Rolling Thunder’ nor ‘Operation Linebacker’, but the Vietnam War in general and the My Lai massacre of 1968 in particular helped to create the conditions for their involvement in subsequent wars.


1981 ◽  
Vol 10 (2) ◽  
pp. 47-50
Author(s):  
Geoffrey Rips

What was known in the United States as the ‘underground press’ – self-published newspapers of the youth counterculture sold at street corners and around campuses in American cities during the 1960s and early 70 s – was once a significant network estimated at over 400 publications. Their hallmark was opposition to US involvement in the Vietnam War, criticism of the authorities, of uncontrolled technology and big business, advocacy of sexual freedom and artistic experimentation and, frequently, the advocacy of marijuana, LSD and other psychedelic drugs. Few of these publications have survived the past ten years, and their disappearance has been variously attributed to the cooling of radical interest after the American withdrawal from Vietnam, as well as to the vague and shifting nature of the ‘hippie’ scene. Complaints by their publishers during the early and mid-seventies that printers refused their business, that office rents suddenly doubled, that advertising was cancelled, that papers were lost – these were seen as local accidents and were rarely reported by the established media. Claims of official or officially-sanctioned harassment were dismissed – even by fellow radicals – as paranoid. Recent research by Geoffrey Rips of the PEN American Center has revealed the extent and variety of official pressure exerted against alternative publications during the Vietnam War period. Using evidence from government hearings like the Church Committee, which reported in 1976, actual FBI documents released to American PEN under the Freedom of Information Act, and other sources, Mr Rips argues that such harassment contributed materially to the closure of certain publications and in general terms constituted a gross infringement on the protection afforded to dissenting opinion and to a free press under the US constitution. We publish edited extracts here from Geoffrey Rips' report which will be published in full by the PEN American Center and the City Lights Press.


2019 ◽  
Vol 12 (2) ◽  
pp. 265
Author(s):  
Demas Nauvarian

This paper aims to prove the justification of US democracy in itsconsistency in the Vietnam War for two decades (1955-1975). This wasdone using the content analysis method of the US Department of Defense’sforeign policy documents in Vietnam - the Pentagon Papers - which werethe primary documents related to the process of making US foreign policyduring the Vietnam War. This was later matched with the view of DemocraticPeace Theory (Democratic Peace Theory) which has been widelyargued as the basis for policy making in the proxy war in the Cold Warera. This paper concludes that there are various other considerations,both rational and irrational factors, which were used by the United Statesin the Vietnam War


Author(s):  
John W. Young ◽  
John Kent

This chapter focuses on the United States’s involvement in the Vietnam War. Lyndon B. Johnson inherited the Vietnam conflict in difficult circumstances. He had not been elected president in his own right and so, perhaps, believed that he should carry on with John F. Kennedy’s policies. It was unclear what exactly Kennedy would have done in Vietnam, but Johnson retained his predecessor’s foreign policy team and did not question the basic principle of America’s foreign policy, which called for communism to be resisted. The chapter first considers the escalation of US involvement in Vietnam during the period 1963–1965 before discussing the conflict between the US and North Vietnam in the succeeding years, along with the Tet offensive and its implications. It concludes with an assessment of Richard Nixon’s decision to restart large-scale US bombing of North Vietnam.


2016 ◽  
Vol 6 (4) ◽  
pp. 10-15
Author(s):  
Susan Straight

Thousands of women who survived the Vietnam War, whose husbands were sent to reeducation camps after working with American military, now live in the US, where nail salons anchor almost every strip mall and flourish inside luxury malls as well. The history of how Vietnamese women came to work in the nail industry and how Americans became accustomed to manicures and pedicures is entwined with the loss of home and landscape.


2019 ◽  
Vol 50 (2) ◽  
pp. 222-245
Author(s):  
Takamichi Serizawa

In the 1970s, during and right after the end of the Vietnam War, more works by Filipino writers, especially historians, were translated into Japanese than works by any other Southeast Asians. In Southeast Asia, it was in the Philippines that the Japanese and the American forces had fought their fiercest battles during the Second World War. The Japanese translators who translated prominent Filipino nationalist historians such as Gregorio Zaide, Teodoro Agoncillo and Renato Constantino, had personally experienced war, defeat, and postwar life under the US-led Allied occupation of Japan. This article compares the original texts of some of these key Filipino works and their Japanese translations, and examines the ‘noises’ produced in the process of translation. This noise includes strategies such as the deletion and addition of information, opinions, and deliberate misreadings. This article suggests that these strategies reveal the translators’ views on the past as well as their contemporary experience of postwar Japan against the background of the ongoing Vietnam War.


2019 ◽  
Vol 50 (5) ◽  
pp. 416-436 ◽  
Author(s):  
Oliver Belcher

This article analyses a mid-20th century computerized pacification reporting system, the Hamlet Evaluation System (HES), used by the US military to measure hamlet-level security and development trends in the Vietnam War. The significance of the HES was its capacity to translate US Military Advisor observations of Vietnamese hamlet life into a machine-readable format used by US military systems analysts to disclose ‘patterns of life.’ I show how US Military Advisors operated as ‘embodied sensors’ within the HES, producing a distinctive location-based event ontology – a ‘view of below’ – accompanied by rudimentary digital maps in-formation from incoming hamlet-level observation streams. I argue that acts of translating the rich texture of hamlet and village life into an objectified information format constituted a unique form of ‘epistemic violence,’ rooted not so much in the narrative subjection of the ‘Other,’ but in the pure abstraction of life into a digitally stored data trace.


Organization ◽  
2017 ◽  
Vol 24 (4) ◽  
pp. 491-515 ◽  
Author(s):  
Leo McCann

Managerialism versus professionalism is a central axis of conflict across many occupations. ‘The profession of arms’ is no exception. This article explores the contested yet symbiotic relationship of management and the military via a discussion of the Vietnam conflict and contemporary debates over restructuring the US military to fight so-called ‘New Wars’. It portrays a complex picture of the organization and measurement of destruction, arguing that managerialism has long been an important ideological element of civilian and military practice. While management systems such as the infamous ‘measurements of progress’ in the Vietnam War were practically dysfunctional, they were effective up to a point in their managerialist goal of portraying civilian and military organizations as effective, evidence-based, progressive and ethical. This logic also pertains to contemporary debates over ‘progress’, and its measurement in the Iraq and Afghanistan counterinsurgencies and the campaign against Isil. Despite its practical limitations, managerialism is highly prevalent as ideology in warfare, fixating on tactical and operational levels, thereby excluding broader strategic, political or ethical discussions. ‘Progress’ and its mismeasurement in Vietnam and the New Wars are therefore best understood not simply as reasons for military and civilian failures in prolonged and inconclusive conflicts but as evidence of the success of managerialism in restricting public scrutiny and accountability of the business of war.


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