The Nation: The Clamor Over Calley: Who Shares the Guilt?
generals—say, William C. Westmoreland, U.S. commander in Viet Nam at the time of My Lai? Clearly, the Yamashita decision is part of U.S. law until the Supreme Court or Congress amends it. Unlike Yamashita, moreover, Westmoreland had superb communications with his troops. But even if he is prosecuted for My Lai, which seems totally unlikely, a modern court-martial would unquestionably require detailed proof that Westmoreland had had actual knowledge or reason to know that Calley-style acts were likely to occur, and that he had failed to take reasonable steps to ensure compliance with the laws of war. “I feel no guilt,” said Westmoreland last week. “My orders were that all atrocities would be reported and investigated according to the rules of the Geneva Convention, and it is our obligation to follow through and punish those atrocities.” The conduct of the whole war, of course, is a basic issue of My Lai, but the judicial process can scarcely cope with it. To be sure, further responsibil
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