Book contents
- Asia-Pacific Perspectives on International Humanitarian Law
- Asia-Pacific Perspectives on International Humanitarian Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Foreword
- Acknowledgements
- Editors’ Note
- 1 Introduction: Asia-Pacific Perspectives on International Humanitarian Law
- Part I Interviews
- Part II Development of International Humanitarian Law
- 6 The Origins and Evolution of Humanitarian Action in Southeast Asia
- 7 Humanitarianism in Chinese Traditional Military Ethics and International Humanitarian Law Training in the People’s Liberation Army
- 8 Military Practices in Ancient India
- 9 Asia-Pacific States and the Development of International Humanitarian Law
- 10 International Humanitarian Law and the Asia-Pacific Struggles for National Liberation
- 11 The Vietnam War and the Development of International Humanitarian Law
- 12 Critical Issues in the Regulation of Armed Conflict in Outer Space
- Part III Practice and Application of International Humanitarian Law
- Part IV Implementation and Enforcement of International Humanitarian Law
- Part V Looking to the Future and Enhancing Compliance with International Humanitarian Law
- Glossary of Publications
- Alphabetical Glossary of Cases and Decisions
- Chronological Glossary of Cases and Decisions
- Treaties and Other International Instruments, Resolutions and National Documents with an International Dimension
- Chronological Glossary of National Legislation and Secondary Instruments
- Peace Agreements and Communiques
- Abbreviations and Translations
- Index
11 - The Vietnam War and the Development of International Humanitarian Law
from Part II - Development of International Humanitarian Law
Published online by Cambridge University Press: 18 October 2019
- Asia-Pacific Perspectives on International Humanitarian Law
- Asia-Pacific Perspectives on International Humanitarian Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Foreword
- Acknowledgements
- Editors’ Note
- 1 Introduction: Asia-Pacific Perspectives on International Humanitarian Law
- Part I Interviews
- Part II Development of International Humanitarian Law
- 6 The Origins and Evolution of Humanitarian Action in Southeast Asia
- 7 Humanitarianism in Chinese Traditional Military Ethics and International Humanitarian Law Training in the People’s Liberation Army
- 8 Military Practices in Ancient India
- 9 Asia-Pacific States and the Development of International Humanitarian Law
- 10 International Humanitarian Law and the Asia-Pacific Struggles for National Liberation
- 11 The Vietnam War and the Development of International Humanitarian Law
- 12 Critical Issues in the Regulation of Armed Conflict in Outer Space
- Part III Practice and Application of International Humanitarian Law
- Part IV Implementation and Enforcement of International Humanitarian Law
- Part V Looking to the Future and Enhancing Compliance with International Humanitarian Law
- Glossary of Publications
- Alphabetical Glossary of Cases and Decisions
- Chronological Glossary of Cases and Decisions
- Treaties and Other International Instruments, Resolutions and National Documents with an International Dimension
- Chronological Glossary of National Legislation and Secondary Instruments
- Peace Agreements and Communiques
- Abbreviations and Translations
- Index
Summary
This chapter reviews the main international humanitarian law (IHL) issues that arose during the Vietnam War and how those issues were addressed in subsequent development and codification of this law. The ‘Vietnam War’ refers to the armed conflict that took place between, on the one hand, North Vietnam and the National Liberation Front (NLF, an armed group formed in South Vietnam in 1960) and, on the other hand, South Vietnam, the United States, and their allies during the 1960s and the 1970s. The conflict had a lasting impact on IHL in many respects due to the gravity of the humanitarian issues that arose during the war. First, at the most fundamental level, many issues arose in determining whether IHL was applicable in the first place and, if so, which IHL rules applied. The conflict also raised the question whether the IHL rules in force at the time were adequate in protecting civilians and civilian objects and regulating the means and methods of warfare that were employed during the conflict. The conflict further highlighted the issue of how combatants who were captured while fighting clandestinely should be dealt with in IHL.
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- Asia-Pacific Perspectives on International Humanitarian Law , pp. 156 - 179Publisher: Cambridge University PressPrint publication year: 2019