and acknowledge as international law by all, by the unanimous resoiution fe) the United Nations of the 11 December 1946. The United States has furthermore committed a crime against the fundamental rights of the people of Vietnam. It should be added that States such as South Korea, Australia and New Zealand, which have in one form or another provided aid to the American aggression, have rendered themselves accomplices. The Tribunal has concerned itself with the situation in Cambodia. It has heard the report of the investigating teams which it sent to that country and the depositions of a qualified representative of the General Staff of the Cambodian army. It considers that the forces of the United States and those of the governments subordinate to it at Bangkok and Saigon are engaging in continuous and serious acts of aggression against the Kingdom of Cambodia. This aggression constitutes not only an attack on Cambodian neutrality and independence but also an extremely serious threat to the peace in South East Asia and in the world. On the second question. The Tribunal has gained the conviction that the aerial, naval and land bombardments of civil targets is of a massive, systematic and deliberate nature. The massive nature of these bombardments is attested by innumerable reports from American sources on the tonnage of bombs dropped and the great number of American aerial sorties. The systematic and deliberate bombardment of civil targets is established by extensive evidence to the effect that in the vast majority of cases they are preceded by reconnaissance flights: according to a report of American origin, the aircraft stationed at a single base in Thailand alone utilise 300,000 metres of film every month to photograph Vietnam. If it is borne in mind on the one hand that most of the aircraft are equipped with automatic firing devices and, on the other hand that the aircraft return persistently and furiously to the same targets, which are sometimes already almost completely destroyed, no doubt is possible as to the deliberate intention to strike the targets in question. Besides the aerial bombardments, intense pounding by the artillery of the 7th fleet is progressively ravaging the coastal zones. All of the witnesses heard, in particular the members of the investigating teams, have confirmed that the greater part of the civilian targets (hospitals, schools, churches, pagodas) are very obvious and very clearly distinguished from the rest of the Vietnam countryside.
The extent of the bombardments is considerable and the Tribunal has had a close study made by its investigating teams of the results published by the Democratic Republic of Vietnam. Proceeding by the method of soundin, ey the investigating teams have been able to verify at places of their Shoice ate information received. Thus, for example, so far as hospitals are concerned out of 95 establishments mentioned as destroyed by the Vietnamese Commi set on of Inquiry into War Crimes, 34 have been verified by the Tribunal's invescade ae naa great value of these soundings lies in their
persion, since the ospita i
2 aoe. oo checked relate to 8 provinces out of the
Apart from the extensive private evidence submitted to it, the Tribunal has heard general reports on the distribution of the various categories of civilian targets: hospitals, schools, places of worship (pagodas or churches) and cams, as well as of the bombardment of the civilian populations of urban centres and in the countryside. It has also heard combined reports on the bombardments in the two provinces of Nghe-An and Thanh-Hoa. All of these reports were accompanied by documents, statements and material evidence. The Tribunal ascertained the vital importance to the people of Vietnam of the dams and other hydraulic works, and the grave danger of famine to which the civilian populations were exposed by the attempted destruction by the American forces. The Tribunal has received all necessary information in the diversity and power of the engines of war employed against the Democratic Republic of Vietnam and the circumstances of their utilisation (high power explosive bombs, napalm, phosphorus and fragmentation bombs, etc.). Seriously injured victims of napalm bombs have appeared before it and medical reports on these mutilated people have been provided to it. Its attention in partioular has been drawn to the massive use of various kinds of anti-personnel bombs of the fragmentation type, also called in American parlance, C.B.U., and in Vietnamese parlance pellet bombs. These devices, obviously intended to strike defenceless populations, have the following characteristics: - containers, called by the Vietnamese the "mother bombs" release a
hundred small oblong or spherical bombs ("pineapple" or "guava"
bombs) which in turn release hundreds of small pellets. A single
"mother bomb" can therefore cause the dispersion of nearly 100,000
pellets; these pellets can cause no serious damage to buildings or
plants or to protected military personnel (for example, civil
defence workers behind their sandbags). They are therefore inten-
ded solely to reach the greatest number of persons in the civilian
population. The Tribunal has had medical experts study the consequences of attacks with these pellets. The path of the particles through the body is long and irregular and produces, apart from cases of death, multiple and various internal injuries. The Hague Convention No.4 of the 18 October 1907 laid down the principle that belligerents may not have unlimited choice so far as the means of injuring an enemy are concerned (Art.22); the said Convention specially
arms, projectiles and material deliberately destined