Legal Dimensions of the Decision to Intercede in Cambodia

Abstract

In appraising national security decisions, such as the recent decision to send United States combat forces into the North Vietnamese and Viet Cong border sanctuaries in Cambodia, it is useful to focus on three interrelated questions. First, is the decision consistent with national and international law? Second, is the decision consistent with the national interest? And third, are there other alternatives which are likely to be more satisfactory in implementing the national interest? Each of these questions represents an important perspective for appraisal. Although the answer to the first question is important for answering the second and third questions, international lawyers should resist the temptation to regard an affirmative answer to the legal question as equivalent to proof that a decision is the best option for national action. Conversely, international lawyers should also avoid the temptation to regard personal doubts about the efficacy of a particular option as equivalent to proof of the illegality of the option. An international legal perspective is a critical input in national security decisions and should have a major rôle in defining the national interest and in introducing and delimiting options for national action. On the other hand, efforts to overuse international law, whether by way of support or criticism of national action, serve only to obscure the vital rôle that an international legal perspective should play.