33 Vand. J. Transnat'l L. 933 (2000)
Prosecuting the Fog of War--Examining the Legal Implications of an Alleged Massacre of South Korean Civilians by U.S. Forces during the Opening Days of the Korean War in the Village of No Gun Ri

handle is hein.journals/vantl33 and id is 949 raw text is: NOTES
Prosecuting the Fog of War?'
Examining the Legal Implications of
an Alleged Massacre of South Korean
Civilians by U.S. Forces During the
Opening Days of the Korean War in
the Village of No Gun Ri
ABSTRACT
In the Fall of 1999, the Associated Press reported a story
of an alleged massacre of Korean civilians, conducted by U.S.
troops at the beginning of the Korean War in the hamlet of No
Gun Ri. The story had an incendiary effect, both in the
United States and abroad. The story of an incident from half-
a-century ago caused many to reexamine the conduct of
American   forces   in  that  war,   the   current  security
arrangements in East Asia, the U.S.-R.O.K. relationship, and
the wisdom and ability of modem Americans to investigate,
evaluate, and judge historical events from our current
historical and cultural perspective.
International law has developed a detailed body of law
dealing with war crimes through the Nuremberg Charter and
the Geneva Conventions. Prosecution of war criminals by
International Tribunals has been nearly non-existent since
the end of the Second World War. International law appears
to eliminate the defense of superior orders, but U.S. military
law is not so clear. It seems highly doubtful that the United
1.   The Prussian strategist of the Napoleonic Era, Karl Von Clausewitz is
often credited with introducing the concept of the fog of war. The fog of war
refers to the constant uncertainty that develops due to a lack of complete data,
inaccurate information, and the frequent friction or chaos that results from a
partial picture, the rapid pace of modem combat, and the unquantifiable human
factors. KARL VON CLAUSEWITZ, VoM KRIEGE [ON WAR] 51-53, 75 (O.J. Matthijs
Jolles trans., Random House Modem Library Edition 1943) (1832). Clausewitz is
considered required reading at all the service war colleges, and his insight has
been seen as critical for operational planning by military commanders. In fact, ON
WAR became the Rosetta Stone for the post-Vietnam military. Col. Harry G.
Summers, Jr., Foreward to KARL VON CLAUSEWITZ, WAR, POLITICS, AND POWER:
SELECTIONS FROM ON WAR, AND I BELIEVE AND PROFESS, at ix (Edward M. Collins
trans., Regnery Publ'g 1997) (1965).

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