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Derek C. Bok, dean of the Law School, and four Harvard Law professors including Abram J. Chayes, joined 29 other legal scholars Thursday in urging that a Presidential commission investigate the alleged. Songmy massacre and other atrocities committed in Vietnam.
At a New York news conference. Arthur J. Goldberg. former Ambassador to the United Nations, read the group's statement which proposed that a commission be established "to inquire not into questions of individual guilt but rather into the larger questions of policy guidelines for the conduct of military operations."
The proposal suggested that the commission examine "aspects of military-civilian governmental operations" to determine whether there have been violations of acceptable standards of wartime behavior.
"Everyone knows that war is hell, but there have developed some limits, both in custom and in law, on the conduct of armed forces in hostilities," said Chayes, a former chief legal adviser in the Department of State.
"The question is how these limits have been disregarded by our troops and also by the other side." he said.
Goldberg said that allegations of atrocities like that which supposedly took place at Songmy are "hurting the reputation, but even more the conscience, of all law-respecting Americans."
The intention of the proposed commission is not just to examine the evidence of specific incidents, but to "review the context within which the alleged acts occurred" so that policy and procedures can be changed, if necessary. "to restore our good standing as a moral leader among nations." the group's statement said.
Adam Yarmolinsky. professor of Law and a former Special Assistant to the Secretary of Defense, was another signer. He noted the possibility of additional atrocities that might have gone unnoticed. but added that the purpose of the inquiry is to generate "recommendations on how they probability of this kind of situation can be avoidedin the future."
Goldberg suggested that the commission that investigated the assassination of President Kennedy.
The proposal urged that prominent jurist and legal scholars comprise a commission "of unquestionable impartiality."
Adam Yarmolinsky, professor of Law and a former Special Assistant to the Secretary of Defense, was another signer. He noted the possibility of additional atrocities that might have gone unnoticed, but added that the purpose of the inquiry is to generate "recommendations on how the probability of this kind of situation can be avoided in the future."
Goldberg suggested that the commission might include Earl Warren, former Chief Justice of the Supreme Court, and head of the commission that investigated the assassination of President Kennedy.
The proposal urged that prominent jurists and legal scholars comprise a commission "of unquestionable impartiality."
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