TABLE OF CONTENTS THE UNITED STATES AND SOUTH VIET NAM HAVE THE RIGHT UNDER INTERNATIONAL LAW TO PAR- Page The United States has the right to assist in the defense of South Viet The Right of Individual and Collective Self-Defense Applies Whether or Not II. III. Page E. The United Nations Charter Does Not Limit 15 F. The United States Has Fulfilled its Obli- 17. G. International Law Does Not Require a THE UNITED STATES HAS UNDERTAKEN COMMITMENTS A. The United States Gave Undertakings at . 22 . 22 B. The United States Undertook an Inter- C. The United States Has Given Additional ACTIONS BY THE UNITED STATES AND SOUTH VIET NAM 22 26 . 28 C. The Introduction of United States Military IV. V. iii · · D. South Viet Nam was Justified in Refusing THE PRESIDENT HAS FULL AUTHORITY TO COMMIT Page • 32 34 A. The President's Power Under Article II of . 35 B. The Southeast Asia Collective Defense March 4, 1966 THE LEGALITY OF UNITED STATES PARTICIPATION I. THE UNITED STATES AND SOUTH VIET NAM HAVE THE In response to requests from the Government of South Viet Nam, the United States has been assisting that country in defending itself against armed attack from the Communist North. This attack has taken the forms of externally supported subversion, clandestine supply of arms infiltration of armed personnel, and most recently the sending of regular units of the North Vietnamese army into the South. International law has long recognized the right of individual and collective self-defense against armed attack. South Viet Nam and the United States are engaging in such collective defense consistently with international law and with United States obligations under the United Nations Charter. A. South Viet Nam is Being Subjected to Armed The Geneva Accords of 1954 established a demarcation line between North Viet Nam and South Viet Nam. They |