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United States: Department of State Memorandum on Legal Authority to Continue U.S. Air Combat Operations in Cambodia*

Published online by Cambridge University Press:  04 April 2017

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Type
Other Documents
Information
International Legal Materials , Volume 12 , Issue 3 , May 1973 , pp. 714 - 717
Copyright
Copyright © American Society of International Law 1973

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Footnotes

*

[Reproduced from the U.S. Department of State Bulletin, Vol. LXVII: No. 1769 (May 21, 1973), pp. 652–55.

[The Agreement on Ending the War and Restoring Peace in Vietnam of January 27, 1973, appears at 12 I.L.M. 48 (1973). A Library of Congress Report on “Congress and the Termination of the Vietnam War” appears a1 page 699. The U.S. Court of Appeals Decision in Mitchell v;. Laird, a case concerning war powers and the Indo-China conflict, appears at page 631.1

References

1 BULLETIN of Feb. 12, 1973, p. 169 [Footnotes in original].

2 “(a) The parties participating in the Paris Conference on Viet-Nam shall strictly respect the 1954 Geneva Agreements on Cambodia and the 1962 Geneva Agreements on Laos, which recognized the Cambodian and the Lao peoples’ fundamental national rights, i.e., the independence, sovereignty, unity, and territorial integrity of these countries. The parties shall respect the neutrality of Cambodia and Laos.

“The parties participating in the Paris Conference on Viet-Nam undertake to refrain from using the territory of Cambodia and the territory of Laos to encroach on the sovereignty and security of one another and of other countries.

“(b) Foreign countries shall put an end to all military activities in Cambodia and Laos, totally withdraw from and refrain from reintroducing into these two countries troops, military advisers and military personnel, armaments, munitions and war material.

“(c) The internal affairs of Cambodia and Laos shall be settled by the people of each of these countries without foreign interference.

“(d) The problems existing between the Indo-chinese countries shall be settled by the Indochinese parties on the basis of respect for each other’s independence, sovereignty, and territorial integrity, and non-interference in each other’s internal affairs.”

3 BULLETIN of May 29, 1972, p. 747.

4 BULLETIN of June 26, 1972, p. 899.

5 U.S. Constitution, Article I, Section 8.

6 U.S. Constitution, Ariticle II, Sections 1 and 2.

7 For example, Section 7 of the Special Foreign Assistance Act of 1971 (Pub. L. 91–652, Jan. 5, 1971, 84 Stat. 1942) and Sections 655 and 656 of the Foreign Assistance Act of 1961, as amended (added by Section 304(b) of Pub. L. 92–226, Feb. 7, 1972, 86 Stat. 29).