United States v. Keenan [1] was a court case in the United States where the accused, US Marine PFC Charles W. Keenan, was found guilty of murder after he shot and killed a Vietnamese man [2] under orders from a superior officer. The Court of Military Appeals held that following orders was not a justification if "the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal". [2] The soldier who gave Keenan the order, US Marine Corporal Stanley Luczko, was convicted of killing another Vietnamese person during the same incident. [2]
The Bronze Star Medal (BSM) is a United States Armed Forces decoration awarded to members of the United States Armed Forces for either heroic achievement, heroic service, meritorious achievement, or meritorious service in a combat zone.
William Laws Calley Jr. was a United States Army officer convicted by court-martial of the murder of 22 unarmed South Vietnamese civilians in the My Lai massacre on March 16, 1968, during the Vietnam War. Calley was released to house arrest under orders by President Richard Nixon three days after his conviction. The United States District Court for the Middle District of Georgia granted him a new trial, but that ruling was overturned by the United States Court of Appeals for the Fifth Circuit. His initial life sentence having been modified to a term of 20 years and then further reduced to ten, Calley ultimately served three years of house arrest for the murders. Public opinion at the time about Calley was divided. After his dismissal from the U.S. Army and release from confinement, Calley avoided public attention.
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power. The vast majority of executive orders are proposed by federal agencies before being issued by the president.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power. .. to make Rules for the Government and Regulation of the land and naval forces" of the United States.
The Republic of Vietnam Gallantry Cross also known as the Vietnamese Gallantry Cross or Vietnam Cross of Gallantry is a military decoration of the former Government of South Vietnam. The medal was created on August 15, 1950, and was awarded to military personnel, civilians, and Armed Forces units and organizations in recognition of deeds of valor or heroic conduct while in combat with the enemy.
The Guano Islands Act is a United States federal law passed by the Congress that enables citizens of the United States to take possession of unclaimed islands containing guano deposits in the name of the United States. The islands can be located anywhere, so long as they are not occupied by citizens of another country and not within the jurisdiction of another government. It also empowers the president to use the military to protect such interests and establishes the criminal jurisdiction of the United States in these territories.
The Republic of Vietnam Campaign Medal, also known as the Vietnam Campaign Medal, is a South Vietnamese military campaign medal which was created in 1949, and awarded to French military personnel during the First Indochina War. During the Vietnam War, the South Vietnamese government awarded the Republic of Vietnam Campaign Medal with Device to members of the South Vietnamese military for wartime service and on March 24, 1966, to members of the U.S. military for support of operations in Vietnam. In May 1966, other allied foreign military personnel became eligible for the award.
The Battle of Lang Vei began on the evening of 6 February 1968 and concluded during the early hours of 7 February, in Quảng Trị Province, South Vietnam. Towards the end of 1967, the 198th Tank Battalion of the People's Army of Vietnam's (PAVN) 202nd Armored Regiment received instructions from the North Vietnamese Ministry of Defense to reinforce the 304th Division as part of the Route 9–Khe Sanh Campaign. After an arduous journey down the Ho Chi Minh trail in January 1968, the 198th Tank Battalion linked up with the 304th Division for an offensive along Highway 9, which stretched from the Laotian border through to Quảng Trị Province. On 23 January, the 24th Regiment attacked the small Laotian outpost at Bane Houei Sane, under the control of the Royal Laos Army BV-33 "Elephant" Battalion. In that battle, the 198th Tank Battalion failed to reach the battle on time because its crews struggled to navigate their tanks through the rough local terrain. However, as soon as the PT-76 tanks of the 198th Tank Battalion turned up at Bane Houei Sane, the Laotian soldiers and their families retreated into South Vietnam.
The Presidential Unit Citation (PUC), originally called the Distinguished Unit Citation, is awarded to units of the uniformed services of the United States, and those of allied countries, for extraordinary heroism in action against an armed enemy on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions so as to set it apart from and above other units participating in the same campaign.
The United States Reports are the official record of the Supreme Court of the United States. They include rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed.
Robert Russell Garwood is a former United States Marine. Often cited as the last verified American prisoner of war (POW) from the Vietnam War, Garwood was captured on September 28, 1965 by Việt Cộng forces near Da Nang, Quang Nam Province. He was taken to North Vietnam in 1969, and although he was reportedly released in 1973 along with the other U.S. POWs as part of the Paris Peace Accords, he did not return to the United States until March 22, 1979.
The Speech or Debate Clause is a clause in the United States Constitution. The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."
Lewis William Walt was a United States Marine Corps four-star general who served in World War II, the Korean War, and the Vietnam War. Walt was decorated several times, including two awards of the Navy Cross, for extraordinary heroism during World War II, the first for leading the attack on "Aogiri Ridge" during the Battle of Cape Gloucester ; the ridge was later on renamed "Walt's Ridge" in his honor.
Barbara Louise Milano Keenan is a senior United States circuit judge of United States Court of Appeals for the Fourth Circuit and a former justice on the Supreme Court of Virginia.
Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, or the civilian population, should not be considered guilty of committing crimes that were ordered by a superior officer or official.
John Fontaine Keenan is a senior United States district judge for the United States District Court for the Southern District of New York.
The United States Armed Forces and its members have violated the law of war after the signing of the Hague Conventions of 1899 and 1907 and the signing of the Geneva Conventions. The United States prosecutes offenders through the War Crimes Act of 1996 as well as through articles in the Uniform Code of Military Justice. The United States signed the 1999 Rome Statute but it never ratified the treaty, taking the position that the International Criminal Court (ICC) lacks fundamental checks and balances. The American Service-Members' Protection Act of 2002 further limited US involvement with the ICC. The ICC reserves the right of states to prosecute war crimes, and the ICC can only proceed with prosecution of crimes when states do not have willingness or effective and reliable processes to investigate for themselves. The United States says that it has investigated many of the accusations alleged by the ICC prosecutors as having occurred in Afghanistan, and thus does not accept ICC jurisdiction over its nationals.
Gunn v. University Committee to End the War in Viet Nam, 399 U.S. 383 (1970), is a United States Supreme Court case in which the Court that since the District Court has issued neither an injunction nor an order granting or denying one, Supreme Court has no jurisdiction under 28 U.S.C. § 1253, which provides for review of orders granting or denying interlocutory or permanent injunctions.
In United States v. Banki, 685 F.3d 99 the Second Circuit Court of Appeals overturned the conviction of Mahmoud Reza Banki. Banki had been convicted of multiple crimes related to allegedly conspiring to violate United States sanctions against Iran by transferring large amounts of money — totaling some $3.4 million — from Iran to the United States.
Operation Georgia was a U.S. Marine Corps security operation around the An Hoa Industrial Complex in western Quảng Nam province, lasting from 21 April to 10 May 1966.