Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement. The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, and International Law / LL.M

This study explores the foundations of US counterinsurgency policy and doctrine in order to better understand the main historical influences on that policy and doctrine and how those influences have informed the current US approach to counterinsurgency. The results of this study indicate the US experience in counterinsurgency during the Greek Civil War and the Huk Rebellion in the Philippines had a significant influence on the development of US counterinsurgency policy and doctrine following World War II through the Kennedy presidency. In addition, despite a major diversion from the lessons of Greece and the Philippines during the Vietnam War, the lessons were re-institutionalized in US counterinsurgency policy and doctrine following the war and continue to have significant influence today, though in a highly sanitized and, therefore, misleading form. As a result, a major disconnect has developed between the “rhetoric and reality” of US counterinsurgency policy. This disconnect has resulted from the fact that many references that provide a more complete and accurate picture of the actual policies and actions taken to successfully defeat the insurgencies have remained out of the reach of non-government researchers and the general public. Accordingly, many subsequent studies of counterinsurgency overlook, or only provide a cursory treatment of, aspects that may have had a critical impact on the success of past US counterinsurgency operations. One such aspect is the role of US direct intervention in the internal affairs of a supported country. Another is the role of covert action operations in support of counterinsurgency operations. As a result, the counterinsurgency policies and doctrines that have been developed over the years are largely based on false assumptions, a flawed understanding of the facts, and a misunderstanding of the contexts concerning the cases because of misleading, or at least seriously incomplete, portrayals of the counterinsurgency operations.

This dissertation is a focused analysis of the origins, organization, training, politics, and combat capability of the Army of the Republic of Viet Nam (ARVN) from 1954 to 1963, the leading military instrument in the national counterinsurgency plan of the government of the Republic of Viet Nam (RVN). Other military and paramilitary forces that complemented the army in the ground war included the Viet Nam Marine Corps (VNMC), the Civil Guard (CG), the Self-Defense Corps (SDC) and the Civil Irregular Defense Groups (CIDG) which was composed mainly of the indigenous populations in the Central Highlands of South Vietnam. At sea and in the air, the Viet Nam Air Force (VNAF) and the Viet Nam Navy (VNN) provided additional layers of tactical, strategic and logistical support to the military and paramilitary forces. Together, these forces formed the Republic of Viet Nam Armed Forces (RVNAF) designed to counter the communist insurgency plaguing the RVN. This thesis argues the following. First, the origin of the ARVN was rooted in the French Indochina War (1946-1954). Second, the ARVN was an amalgamation of political and military forces born from a revolution that encompassed three overlapping wars: a war of independence between the Vietnamese and the French; a civil war between the Vietnamese of diverse social and political backgrounds; and a proxy war as global superpowers and regional powers backed their own Vietnamese allies who, in turn, exploited their foreign supporters for their own purposes. Lastly, the ARVN failed not because it was organized, equipped, and trained for conventional instead of counterinsurgency warfare. Rather, it failed to assess, adjust, and adapt its strategy and tactics quickly enough to meet the war’s changing circumstances. The ARVN’s slowness to react resulted from its own institutional weaknesses, military and political problems that were beyond its control, and the powerful and dangerous enemies it faced. The People’s Army of Viet Nam (PAVN) and the People’s Liberation Armed Forces (PLAF) were formidable adversaries. Not duplicated in any other post-colonial Third World country and led by an experienced and politically tested leadership, the Democratic Republic of Viet Nam (DRVN) and the National Front for the Liberation of Southern Viet Nam (NFLSVN) exploited RVN failures effectively. Hypothetically, there was no guarantee that had the US dispatched land forces into Cambodia and Laos or invaded North Vietnam that the DRVN and NFLSVN would have quit attacking the RVN. The French Far East Expeditionary Corps (FFEEC)’ occupation of the Red River Delta did not bring peace to Cochinchina, only a military stalemate between it and the Vietnamese Liberation Army (VLA). Worse yet, a US invasion potentially would have unnerved the People’s Republic of China (PRC) which might have sent the PLAF to fight the US in Vietnam as it had in Korea. Inevitably, such unilateral military action would certainly provoke fierce criticism and opposition amongst the American public at home and allies abroad. At best, the war’s expansion might have bought a little more time for the RVN but it could never guarantee South Vietnam’s survival. Ultimately, RVN’s seemingly endless political, military, and social problems had to be resolved by South Vietnam’s political leaders, military commanders, and people but only in the absence of constant PAVN and PLAF attempts to destroy whatever minimal progress RVN made politically, militarily, and socially. The RVN was plagued by many problems and the DRVN and NFLSVN, unquestionably, were amongst those problems.

This dissertation is a focused analysis of the origins, organization, training, politics, and combat capability of the Army of the Republic of Viet Nam (ARVN) from 1954 to 1963, the leading military instrument in the national counterinsurgency plan of the government of the Republic of Viet Nam (RVN). Other military and paramilitary forces that complemented the army in the ground war included the Viet Nam Marine Corps (VNMC), the Civil Guard (CG), the Self-Defense Corps (SDC) and the Civil Irregular Defense Groups (CIDG) which was composed mainly of the indigenous populations in the Central Highlands of South Vietnam. At sea and in the air, the Viet Nam Air Force (VNAF) and the Viet Nam Navy (VNN) provided additional layers of tactical, strategic and logistical support to the military and paramilitary forces. Together, these forces formed the Republic of Viet Nam Armed Forces (RVNAF) designed to counter the communist insurgency plaguing the RVN. This thesis argues the following. First, the origin of the ARVN was rooted in the French Indochina War (1946-1954). Second, the ARVN was an amalgamation of political and military forces born from a revolution that encompassed three overlapping wars: a war of independence between the Vietnamese and the French; a civil war between the Vietnamese of diverse social and political backgrounds; and a proxy war as global superpowers and regional powers backed their own Vietnamese allies who, in turn, exploited their foreign supporters for their own purposes. Lastly, the ARVN failed not because it was organized, equipped, and trained for conventional instead of counterinsurgency warfare. Rather, it failed to assess, adjust, and adapt its strategy and tactics quickly enough to meet the war’s changing circumstances. The ARVN’s slowness to react resulted from its own institutional weaknesses, military and political problems that were beyond its control, and the powerful and dangerous enemies it faced. The People’s Army of Viet Nam (PAVN) and the People’s Liberation Armed Forces (PLAF) were formidable adversaries. Not duplicated in any other post-colonial Third World country and led by an experienced and politically tested leadership, the Democratic Republic of Viet Nam (DRVN) and the National Front for the Liberation of Southern Viet Nam (NFLSVN) exploited RVN failures effectively. Hypothetically, there was no guarantee that had the US dispatched land forces into Cambodia and Laos or invaded North Vietnam that the DRVN and NFLSVN would have quit attacking the RVN. The French Far East Expeditionary Corps (FFEEC)’ occupation of the Red River Delta did not bring peace to Cochinchina, only a military stalemate between it and the Vietnamese Liberation Army (VLA). Worse yet, a US invasion potentially would have unnerved the People’s Republic of China (PRC) which might have sent the PLAF to fight the US in Vietnam as it had in Korea. Inevitably, such unilateral military action would certainly provoke fierce criticism and opposition amongst the American public at home and allies abroad. At best, the war’s expansion might have bought a little more time for the RVN but it could never guarantee South Vietnam’s survival. Ultimately, RVN’s seemingly endless political, military, and social problems had to be resolved by South Vietnam’s political leaders, military commanders, and people but only in the absence of constant PAVN and PLAF attempts to destroy whatever minimal progress RVN made politically, militarily, and socially. The RVN was plagued by many problems and the DRVN and NFLSVN, unquestionably, were amongst those problems.

This dissertation is a focused analysis of the origins, organization, training, politics, and combat capability of the Army of the Republic of Viet Nam (ARVN) from 1954 to 1963, the leading military instrument in the national counterinsurgency plan of the government of the Republic of Viet Nam (RVN). Other military and paramilitary forces that complemented the army in the ground war included the Viet Nam Marine Corps (VNMC), the Civil Guard (CG), the Self-Defense Corps (SDC) and the Civil Irregular Defense Groups (CIDG) which was composed mainly of the indigenous populations in the Central Highlands of South Vietnam. At sea and in the air, the Viet Nam Air Force (VNAF) and the Viet Nam Navy (VNN) provided additional layers of tactical, strategic and logistical support to the military and paramilitary forces. Together, these forces formed the Republic of Viet Nam Armed Forces (RVNAF) designed to counter the communist insurgency plaguing the RVN. This thesis argues the following. First, the origin of the ARVN was rooted in the French Indochina War (1946-1954). Second, the ARVN was an amalgamation of political and military forces born from a revolution that encompassed three overlapping wars: a war of independence between the Vietnamese and the French; a civil war between the Vietnamese of diverse social and political backgrounds; and a proxy war as global superpowers and regional powers backed their own Vietnamese allies who, in turn, exploited their foreign supporters for their own purposes. Lastly, the ARVN failed not because it was organized, equipped, and trained for conventional instead of counterinsurgency warfare. Rather, it failed to assess, adjust, and adapt its strategy and tactics quickly enough to meet the war’s changing circumstances. The ARVN’s slowness to react resulted from its own institutional weaknesses, military and political problems that were beyond its control, and the powerful and dangerous enemies it faced. The People’s Army of Viet Nam (PAVN) and the People’s Liberation Armed Forces (PLAF) were formidable adversaries. Not duplicated in any other post-colonial Third World country and led by an experienced and politically tested leadership, the Democratic Republic of Viet Nam (DRVN) and the National Front for the Liberation of Southern Viet Nam (NFLSVN) exploited RVN failures effectively. Hypothetically, there was no guarantee that had the US dispatched land forces into Cambodia and Laos or invaded North Vietnam that the DRVN and NFLSVN would have quit attacking the RVN. The French Far East Expeditionary Corps (FFEEC)’ occupation of the Red River Delta did not bring peace to Cochinchina, only a military stalemate between it and the Vietnamese Liberation Army (VLA). Worse yet, a US invasion potentially would have unnerved the People’s Republic of China (PRC) which might have sent the PLAF to fight the US in Vietnam as it had in Korea. Inevitably, such unilateral military action would certainly provoke fierce criticism and opposition amongst the American public at home and allies abroad. At best, the war’s expansion might have bought a little more time for the RVN but it could never guarantee South Vietnam’s survival. Ultimately, RVN’s seemingly endless political, military, and social problems had to be resolved by South Vietnam’s political leaders, military commanders, and people but only in the absence of constant PAVN and PLAF attempts to destroy whatever minimal progress RVN made politically, militarily, and socially. The RVN was plagued by many problems and the DRVN and NFLSVN, unquestionably, were amongst those problems.