War By Executive Order
| Date | 01 December 1951 |
| DOI | 10.1177/106591295100400401 |
| Published date | 01 December 1951 |
| Author | Arthur V. Watkins |
| Subject Matter | Articles |
539
The
Western
Political
Quarterly
WAR
BY
EXECUTIVE
ORDER
ARTHUR
V.
WATKINS
United
States
Senator
from
Utah
VOL.
IV
DECEMBER,
1951
No. 4
HIS
ARTICLE
purports
to
analyze
in
some
retrospect
certain
national
as
well
as
international
legal
aspects
of
the
Korean
incident,
which-in
the
words
of
the
United
States
Secretary
of
State-
is
in
fact
a
war
&dquo;in
the
usual
sense
of
the
word
i
The
history
leading
to
the
Korean
war
has
been
well
explored.2
2
Following
a
request
of
the
United
States
Government,
the
Security
Council
of
the
United
Nations
convened
on
June
25,
1950
and
passed
a
resolution
in
the
absence
of
the
Soviet
delegate
but
in
the
presence
of
a
Chinese
delegate
acting,
as
it
appears,
on
behalf
of
the
Chinese
Nationalist
Government
in
exile,
which
reads
as
follows:
The
Security
Council:
Recalling
the
finding
of
the
General
Assembly
in
its
resolution
of
21
October
1949
that
the
Government
of
the
Republic
of
Korea
is
a
lawfully
established
government
&dquo;having
effective
control
and
jurisdiction
over
that
part
of
Korea
where
the
United
Nations
Temporary
Commission
on
Korea
was
able
to
observe
and
consult
and
in
which
the
great
majority
of
the
people
of
Korea
reside;
and
that
this
Government
is
based
on
elections
which
were
a
valid
expression
of
the
free
will
of
the
electorate
of
that
part
of
Korea
and
which
were
observed
by
the
Temporary
Commission;
and
that
this
is
the
only
such
Government
in
Korea&dquo;;
Mindful
of
the
concern
expressed
by
the
General
Assembly
in
its
resolutions
of
12
December
1948
and
21
October
1949
of
the
consequences
which
might
follow
unless
Member
States
refrained
from
acts
derogatory
to
the
results
sought
to
be
achieved
by
the
United
Nations
in
bringing
about
the
complete
independence
and
unity
of
Korea;
and
1
Testimony
of
Secretary
of
State,
Dean
G.
Acheson,
before the
combined
Senate
Armed
Services
and
Foreign
Relations
Committees,
June
7,
1951:
"Senator
Bird:
...
Do
you
regard
the
conflict
in
Korea
as
a
police
action?
Secretary
Acheson:
I
regard
it
as
a
military
action
to
repulse
the
attack
made
against
the
Republic
of
Korea.
Senator
Byrd:
When
does
a
military
action
or
police
action
cease
to
be
such
and become
a
war?
Secretary
Acheson:
Well,
I
think
in
the
ordinary
popular
sense
it
is
a
war
if
you
have
fighting
in
military
formations.
Senator
Byrd:
You
recognize
it
as
a
war
now?
Secretary
Acheson:
Yes,
sir;
in
the
usual
sense
of
the
word
there
is
a
war."
2
See
for
instance:
Department
of
State,
United
States
Policy
in
the
Korean
Crisis
(Washington,
D.C.,
Publication
3922,
Far
Eastern
Series
34,
July
1950),
hereafter
cited
as
Korean
Crisis;
see
also
U.N.
doc.
1950/1./8.,
Korea
and
the
United
Nations
(New
York,
Columbia
University
Press,
October
1950).
For
a
critical
analysis
see
F.
B.
Schick,
"Videant
Consules,"
The
Western
Political
Quarterly,
Vol.
III
(September,
1950),
pp.
311-325.
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