Kennedy's Last Manuscript

The United States has not explored one possibly very beneficial avenue to resolving the Vietnam conflict: submit the legal issues to adjudication by the International Court of Justice and agree to abide by the results. If North Vietnam should oppose such a move, the United States should make the offer anyway and attempt to secure an advisory opinion from the court through the United Nations General Assembly. The fundamental issues in Vietnam are legal as well as political. They involve interpretations of the United Nations Charter, the Geneva Accords of 1954, and the SEATO Treaty. We have been attempting to impose our interpretation of these international agreements by force, as has the enemy. Should the court rule against the United States and order our withdrawal, it would be a disengagement with honor, bowing to the rule of law in the world community. Should the court rule in favor of the Republic of Vietnam and the United States, our position in the international community would be immeasurably stronger, and that of Hanoi weaker. Referring the matter to the court would be in line with our outspoken tradition of settling disputes by the rule of law and offer a strong and persuasive precedent for the future.