National Security Law Documents

by Moore, John Norton; Roberts, Guy B.; Turner, Robert F.

• ISBN13: 9781594600241
• ISBN10: 1594600244
• Edition: 2nd
• Format: Hardcover
• Copyright: 2006-01-01
• Publisher: Carolina Academic Press

Summary

A unique volume of documents, this book is a companion volume to the casebook National Security Law. It brings together a wealth of documents ranging from President George Washington's Farewell Address and George Kennan's Long Telegram to important international conventions, domestic laws, executive orders, and departmental regulations on such matters as FBI counter-terrorism investigations and State Department treaty procedures. It is designed to serve as a standard desk reference for both scholars and practitioners interested in these issues.

Author Biography

John Norton Moore is the Director of both the Center for Oceans Law and Policy and the Center for National Security Law and is the Walter L. Brown Professor of Law at the University of Virginia. Guy B. Roberts is the Legal Advisor for the U.S. Marine Corps and for the Commander-in-Chief, U.S. Pacific Command. Robert F. Turner is the Associate Director at the Center for National Security Law, University of Virginia School of Law.

Table of Contents

Preface	xvii
Acknowledgments	xix
The Editors	xxi
Alphabetical List of Documents	xxv
Part I Introduction
The Goals of United States Foreign Policy and Their Relation to National Security
Washington, Farewell Address [1796]	5	(4)
Monroe Doctrine [1823]	9	(3)
Clark, Memorandum on the Monroe Doctrine [1928]	12	(6)
Hull, Canons of International Conduct [1937]	18	(1)
Kennan, The Long Telegram [1946]	19	(10)
Truman, The Truman Doctrine, Special Message to the Congress on Greece and Turkey, March 12, 1947	29	(4)
Marshall Plan [1947]	33	(2)
NSC 68 (Soviet Union Nuclear Capabilities) [1950]	35	(32)
Vance, Human Rights and Foreign Policy [1977]	67	(4)
Reagan, Address to Members of the British Parliament [1982]	71	(6)
Part II The International Law of Conflict Management: Institutional Modes of Conflict Management
Global International Organizations
Wilson, ``Fourteen Points'' Speech [1918]	77	(2)
Treaty of Versailles [1919]	79	(6)
Charter of the United Nations [1945]	85	(11)
Uniting for Peace Resolution [1950]	96	(5)
Alliances, Collective Security and Regional Arrangements
Act of Chapultepec [1945]	101	(3)
Inter-American Treaty of Reciprocal Assistance (Rio Treaty) [1948]	104	(3)
North Atlantic Treaty [1949]	107	(2)
Charter of the Organization of American States (Revised) [1951/1970]	109	(16)
Southeast Asia Collective Defense Treaty (Manila Pact) [1954]	125	(1)
Protocol Relating to the Establishment of the Peace and Security Council of the African Union [2002]	126	(19)
The Machinery for the Peaceful Resolution of Disputes
Statute of the International Court of Justice [1945]	145	(8)
The Lawfulness of the Use of Force in International Relations: Norms Concerning the Initiation of Coercion
Kellogg-Briand Pact (Pact of Paris) [1928]	153	(2)
Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty [1965]	155	(2)
Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations [1970]	157	(8)
Definition of Aggression Resolution (Draft Proposal) [1973]	165	(2)
U.S. and Soviet Comments on Definition of Aggression [1974]	167	(4)
UN Security Council Resolution 678 (Iraq and Kuwait) [1990]	171	(1)
UN Security Council Resolution 687 (Iraq and Kuwait) [1991]	172	(7)
UN Security Council Resolution 1441 (Iraq Noncompliance) [2002]	179	(4)
Human Rights for Contexts of Violence: Norms Concerning the Conduct of Hostilities
Instructions for the Government of Armies of the United States in the Field (Lieber Code) [1863]	183	(10)
Hague Convention IV Respecting the Laws and Customs of War on Land [1907]	193	(5)
Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land [1907]	198	(2)
Hague Convention IX Respecting Bombardment by Naval Forces in Time of War [1907]	200	(2)
Hague Convention XIII Concerning the Rights and Duties of Neutral Powers in Naval War [1907]	202	(4)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention) [1949]	206	(8)
Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention) [1949]	214	(15)
Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) [1949]	229	(13)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) [1977]	242	(20)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) [1977]	262	(7)
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCCW) [1980]	269	(10)
Additional Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects: Protocol on Blinding Laser Weapons [1995]	279	(1)
Department of Defense Directive Number 5100.77 Law of War Program [1998]	280	(7)
War Crimes and the Nuremberg Principles: The Ascription of Personal Responsibility for Knowing Violation of the Major Norms of Conflict Management
London Charter [1945]	287	(7)
Nuremberg Trials Final Report: Control Council Law No. 10 [1945]	294	(3)
Affirmation of the Principles of International Law Recognized by the Charter of the Nurnberg Tribunal [1946]	297	(1)
UN Security Council Resolution 780 (War Crimes in the Former Yugoslavia) [1992]	298	(1)
UN Security Council Resolution 827 (International Tribunal for the Former Yugoslavia) [1993]	299	(2)
UN Security Council Resolution 955 (International Tribunal for Rwanda) [1994]	301	(10)
Rome Statute of the International Criminal Court [1998]	311	(15)
UN Security Council Resolution 1315 (Sierra Leone Special Court) [2000]	326	(3)
Statute of the International Criminal Tribunal for the Former Yugoslavia [2004]	329	(8)
International Responses to Transnational Terrorism: Criminal Responsibility for Human Rights Violations in Contravention of International Norms of Conduct
Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft [1963]	337	(3)
Hague Convention for the Suppression of Unlawful Seizure of Aircraft [1970]	340	(3)
Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation [1971]	343	(3)
Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion That Are of International Significance [1971]	346	(2)
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents [1973]	348	(3)
European Convention on the Suppression of Terrorism [1977]	351	(3)
International Convention against the Taking of Hostages [1979]	354	(4)
Draft Convention for the Prevention and Punishment of Certain Acts of International Terrorism [1972]	358	(4)
Convention on the Physical Protection of Nuclear Material [1980]	362	(3)
U.S.-U.K. Supplementary Treaty Concerning the Extradition Treaty [1985]	365	(3)
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation [1988]	368	(2)
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf [1988]	370	(2)
Convention on the Marking of Plastic Explosives for the Purpose of Detection [1991]	372	(2)
UN Security Council Resolution 731 (Libya) [1992]	374	(2)
UN Security Council Resolution 748 (Libya) [1992]	376	(2)
International Convention for the Suppression of Terrorist Bombings [1997]	378	(4)
International Convention for the Suppression of the Financing of Terrorism [1999]	382	(3)
UN Security Council Resolution 1373 (Suppressing Terrorism Financing) [2001]	385	(3)
UN Security Council Resolution 1390 (Taliban/Al-Qaida Assets) [2002]	388	(2)
UN Security Council Resolution 1456 (Combating Terrorism) [2003]	390	(2)
UN Security Council Resolution 1526 (Freezing Taliban/Al-Qaida Assets) [2004]	392	(2)
UN Security Council Resolution 1540 (Weapons of Mass Destruction) [2004]	394	(2)
International Convention for the Suppression of Acts of Nuclear Terrorism [2005]	396	(7)
Part III Arms Control, Disarmament, Non-Proliferation and Confidence-Building
Multilateral Arms Control and Disarmament Agreements
Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 Grammes Weight (St. Petersburg, 1868)	403	(2)
Naval Armament Limitation Treaty [1922]	405	(2)
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare [1925]	407	(1)
Treaty between the United States and Other Powers for the Limitation and Reduction of Naval Armament [1930]	408	(1)
Antarctic Treaty [1959]	409	(1)
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (PTBT) [1963]	410	(1)
Treaty on the Non-Proliferation of Nuclear Weapons	411	(3)
Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil Thereof [1971]	414	(3)
Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction [1972]	417	(3)
Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques [1977]	420	(3)
U.N.G.A. Resolution on Protection of the Environment in Times of Armed Conflict [1992]	423	(2)
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction [1993]	425	(19)
Comprehensive Nuclear Test-Ban Treaty [1996]	444	(3)
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction [1997]	447	(8)
Regional Arms Control and Disarmament Regimes
Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) [1967]	455	(9)
South Pacific Nuclear Weapons Free Zone Treaty [1985]	464	(6)
Treaty on Conventional Armed Forces in Europe (CFE Treaty) [1990]	470	(10)
White House Fact Sheet: Adaptation of the Treaty on Conventional Armed Forces in Europe (CFE) [1999]	480	(2)
Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe (CFE Treaty) [1999]	482	(15)
Treaty on Open Skies [1992]	497	(14)
Bilateral Arms Control and Disarmament Agreements between the United States and the Soviet Union Successor States
Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (ABM Treaty) [1972]	511	(6)
Interim Agreement between the United States of America and the Union of Soviet Socialist Republics on Certain Measures with Respect to the Limitation of Strategic Offensive Arms (SALT I) [1972]	517	(3)
Basic Principles of Relations between the United States of America and the Union of Soviet Socialist Republics [1972]	520	(2)
Joint U.S.-Soviet Statement, 24 November 1974 on Further Limitation of Strategic Offensive Arms	522	(1)
Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Strategic Offensive Arms (SALT II) [1979]	523	(5)
Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (INF Treaty) [1987]	528	(6)
Agreement between the United States of America and the Union of Soviet Socialist Republics on Notifications of Launches of Intercontinental Ballistic Missiles and Submarine-Launched Ballistic Missiles [1988]	534	(2)
Treaty between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms (START I) [1991]	536	(10)
Cooperative Threat Reduction Program or Soviet Nuclear Threat Reduction Act of 1991	546	(5)
Treaty between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (START II) [1993]	551	(7)
Memorandum of Understanding on Notifications of Missile Launches [2000]	558	(5)
Treaty between the United States of America and the Russian Federation on Strategic Offensive Reductions (Sort/Moscow Treaty) [2002]	563	(2)
Joint Declaration on the New Strategic Relationship to the Treaty on Strategic Offensive Reductions (U.S.A. and Russian Federation) [2002]	565	(8)
United States Arms Control and Disarmament Initiatives and Programs
Baruch Plan [1946]	573	(7)
U.S. Nuclear Testing Policy [1991]	580	(2)
Water Development Appropriations Act §507 [1992]	582	(7)
Non-Proliferation and Counter-Proliferation Initiatives
Nuclear Suppliers Group and Zangger Committee	589	(3)
Australia Group (Chemical Weapons) [formed 1984]	592	(3)
Missile Technology Control Regime [formed 1987]	595	(2)
Memorandum of Disapproval for the Omnibus Export Amendments Act (George Bush) [1990]	597	(3)
Soviet-United States Joint Statement on Non-Proliferation June 4, 1990	600	(4)
Executive Order 12938 (Proliferation of Weapons of Mass Destruction) [Clinton, 1994]	604	(4)
Proliferation Security Initiative (Weapons of Mass Destruction) [2004]	608	(3)
Executive Order 13382 (Blocking Property of WMD Proliferators) [Bush, 2005]	611	(6)
Confidence-Building, Transparency and Risk Reduction
Multilateral
International Code of Conduct against Ballistic Missile Proliferation (The Hague Conference, Opening Statement) [2002]	617	(2)
International Code of Conduct against Ballistic Missile Proliferation (ICOC) [2002]	619	(3)
International Code of Conduct against Ballistic Missile Proliferation (The Hague Conference, Bolton Remarks) [2002]	622	(5)
Bilateral Efforts between the U.S. and the Soviet Union or Successor States
Memorandum of Understanding between the United States of America and the Union of Soviet Socialist Republics Regarding the Establishment of a Direct Communications Link [1963]	627	(2)
Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on the Prevention of Incidents on and over the High Seas [1972]	629	(3)
Standing Consultative Commission on Arms Limitation [1972]	632	(1)
Agreement between the United States of America and the Union of Soviet Socialist Republics to Expand the U.S.-U.S.S.R. Direct Communications Link [1984]	633	(2)
Agreement between the United States of America and the Union of Soviet Socialist Republics on the Establishment of Nuclear Risk Reduction Centers [1987]	635	(2)
Memorandum of Understanding between the Government of the Union of Soviet Socialist Republics and the Government of the United States of America Regarding a Bilateral Verification Experiment and Data Exchange Related to Prohibition of Chemical Weapons [1989]	637	(3)
Charter for American-Russian Partnership and Friendship [1992]	640	(7)
Joint Declarations
Conference on Security and Co-Operation in Europe: Final Act [1975]	647	(11)
Charter of Paris for a New Europe [1990]	658	(9)
OAS General Assembly Resolution 1080 (on Democracy) [1991]	667	(1)
Vienna Document 1999 of the Negotiations on Confidence and Security-Building Measures	668	(17)
Part IV National Security and Other International Legal Issues
Law of the Sea
Third United Nations Law of the Sea Convention [1982]	685	(18)
Statement of the President on the UN Law of the Sea Convention [1983]	703	(2)
Joint Statement by the United States of America and the Union of Soviet Socialist Republics on International Law Governing Innocent Passage [1989]	705	(4)
Special Claims
Interdiction of the Delivery of Offensive Weapons to Cuba Presidential Proclamation 3504, October 23, 1962	709	(1)
Declaration of a Maritime Exclusion Zone and the Declaration of a Total Exclusion Zone [1982]	710	(3)
National Security and Human Rights
Universal Declaration of Human Rights [1948]	713	(4)
Convention on the Prevention and Punishment of the Crime of Genocide [1948]	717	(2)
European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950	719	(5)
U.S. Senate Advise and Consent of the Genocide Convention [1985]	724	(1)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [1984]	725	(6)
Document of the Copenhagen Meeting of the Conference on the Human Dimension of CSCE [1990]	731	(9)
Torture Victim Protection Act of 1991	740	(2)
Final Warsaw Declaration: Toward a Community of Democracies [2000]	742	(7)
Cyber Threats
Convention on Cybercrime (Cyber Crime) [2001]	749	(6)
Part V Domestic Law and National Security
The National Security Process
National Security Act of 1947	755	(9)
National Security Act Amendments of 1949	764	(7)
Goldwater-Nichols Department of Defense Reorganization Act of 1986	771	(7)
National Security Decision Directive 266 (Implementing NSC Reforms Proposed by Tower Commission Following Iran-Contra) [Reagan, 1987)	778	(7)
National Security Presidential Directive - 1 (Organization of National Security Council System) [Bush, 2001]	785	(6)
Homeland Security and Counterterrorism
Posse Comitatus Act [1878]	791	(1)
Executive Order 13228 (Establishing Office of Homeland Security) [Bush, 2001]	792	(6)
USA Patriot Act [2001]	798	(15)
Homeland Security Act of 2002	813	(9)
Executive Order 13354 (National Couterterrorism Center) [Bush, 2004]	822	(4)
Executive Order 13356 (Strengthening the Sharing of Terrorism Information to Protect Americans) [Bush, 2004]	826	(4)
Providing Material Support or Resources to Designated Foreign Terrorist Organizations [2004]	830	(5)
Designation of Foreign Terrorist Organizations [2005]	835	(6)
The Constitutional Framework for the Division of Powers between the Congress and the President
U.S. Constitution Articles I, II, III, VI and Amendment XIV [1868]	841	(4)
Act Creating Department of Foreign Affairs [1789]	845	(1)
First Appropriations Act for Foreign Affairs [1790]	846	(3)
Treaty Power
Case-Zablocki Act [1972]	849	(2)
Circular 175 (Department of State) [1985]	851	(12)
Senate Resolution of Ratification of the INF Treaty [1988]	863	(4)
War Powers
Declaration of War --- War of 1812	867	(1)
Declaration of War --- Mexican-American War (An Act Providing for Prosecution of the War between the United States and the Republic of Mexico) [1846]	868	(2)
Declaration of War --- Spanish-American War (Bill (H.R. 10086) Declaring War between the United States of America and the Kingdom of Spain) [1898]	870	(1)
Declaration of War --- World War I [1917]	871	(1)
Declaration of War --- World War II [1941]	872	(1)
Formosa Resolution [1955]	873	(1)
Joint Resolution to Promote Peace and Stability in the Middle East [1957/1961]	874	(2)
Cuban Resolution [1962]	876	(1)
Southeast Asia Resolution (Gulf of Tonkin) [1964]	877	(1)
National Commitments Resolution [1969]	878	(1)
War Powers Resolution [1973]	879	(4)
Nixon's Veto of the War Powers Resolution [1973]	883	(3)
Fulbright [Cooper-Church] Amendment [1973]	886	(1)
Boland Amendment (Limiting Aid to Nicaraguan Contras) [1983]	887	(1)
Authorization for Use of Military Force against Iraq Resolution [1991]	888	(2)
Iraq Liberation Act of 1998	890	(3)
Authorization for Use of Military Force (against 9/11 Terrorists) [2001]	893	(1)
Authorization for the Use of Military Force against Iraq [Resolution of 2002]	894	(7)
Executive Privilege
Washington, Message to the House Regarding Documents Relative to the Jay Treaty, March 30, 1796	901	(2)
Madison, Speech to the House of Representatives on the Jay Treaty, April 6, 1796	903	(1)
Nixon, Statement on Executive Privilege, March 12, 1973, with Related Memorandum Establishing a Procedure to Govern Compliance with Congressional Demands for Information	904	(5)
Access to Information
Freedom of Information Act [1966]	909	(10)
Privacy Act of 1974	919	(4)
Government in the Sunshine Act [1976]	923	(2)
Classified Information Procedures Act [1980]	925	(5)
Presidential Decision Directive 39 (Policy on Counterterrorism) [Clinton, 1995]	930	(4)
Executive Order 12968 (Employee Access to Classified Information) [Clinton, 1995]	934	(5)
Department of Defense Directive 5230.9 Clearance of DoD Information for Public Release [1996/1999]	939	(4)
Department of Defense Instruction 5230.29 Security and Policy Review of DoD Information for Public Release [1996]	943	(4)
Executive Order 13292 (Classified National Security Information) [Bush, 2003]	947	(9)
Executive Order 13381 (Eligibility for Access to Classified Information) [Bush, 2003]	956	(5)
Intelligence and Counter-Intelligence
Senate Standing Order 79.13 (Senate Select Committee on Intelligence) [1976]	961	(6)
House of Representatives Rule XLVIII, Permanent Select Committee on Intelligence [1977/1997]	967	(4)
Foreign Intelligence Surveillance Act [1978]	971	(9)
Executive Order 12333 (United States Intelligence Activities As Amended by Executive Orders 13284 and 13355) [Reagan, 1981]	980	(8)
Intelligence Identities Protection Act of 1982	988	(3)
Hughes-Ryan Amendment (Intelligence Oversight) [1991]	991	(1)
Executive Order 12863 (President's Foreign Intelligence Advisory Board, As Amended by Executive Orders 13070, 13301, 13376) [Clinton, 1993]	992	(3)
Executive Order 12949 (Foreign Intelligence Physical Searches As Amended by Executive Order 13383) [Clinton, 1995]	995	(1)
Economic Espionage Act of 1996	996	(3)
Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection [2003]	999	(7)
Intelligence Reform and Terrorism Prevention Act of 2004	1006	(49)
Foreign Assistance
Foreign Assistance Act of 1961, As Amended	1055	(16)
Emergency Preparedness
Defense Production Act of 1950	1071	(4)
Strategic and Critical Materials Stockpiling Act [1979]	1075	(2)
International Emergency Economic Powers Act (IEEPA) [1977/1988]	1077	(4)
Executive Order 12472 (Assignment of National Security and Emergency Preparedness Telecommunications Functions) [Reagan, 1984]	1081	(2)
Executive Order 12656 (Assignment of Emergency Preparedness Responsibilities) [Reagan, 1988]	1083	(7)
Stafford Disaster Relief and Emergency Assistance Act [2000]	1090	(9)
Trade and Technology Transfer
Trading with the Enemy Act of 1917 (with Amendments)	1099	(4)
Export Administration Act of 1979	1103	(19)
Office of Export Administration Enforcement Regulations [1996]	1122	(3)
Know Your Customer Guidance and Red Flag Indicators [1999]	1125	(3)
Arms Export Control Act [2004]	1128	(23)
Immigration and Refugees
Immigration and Nationality Act [1952]	1151	(11)
Convention Relating to the Status of Refugees [1954]	1162	(6)
Protocol Relating to the Status of Refugees [1967]	1168	(2)
Executive Order 12807 (Interdiction of Illegal Aliens, As Amended by Executive Order 13286) [Bush, 1992]	1170	(5)
The Environment
National Environmental Policy Act of 1969	1175	(2)
Clean Air Act	1177	(9)
Clean Water Act	1186	(3)
Endangered Species Act of 1973	1189	(3)
Executive Order 12114 (Environmental Effects Abroad of Major Federal Actions) [Carter, 1979]	1192	(4)
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)	1196	(7)
Space Law
National Aeronautics and Space Act of 1958	1203	(2)
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies [1967]	1205	(4)
Appendix Selected Web Sites Which Publish Documents Concerning National Security Law
Selected Web Sites	1209