MR. O'NEILL: I'd like to continue with my statement, if I may. No, we never – I never – I never burned a village, that's absolutely correct. On those particular raids, as you know, from the time you came into the Ku Alon River to the time you left the Bodie, you're receiving almost continuous fire the entire time. If you went on a little further – and I had the experience of being there after you, which is fortunate – you would have seen that right there on the Ku Alon River at the present time there's a village of 10,000 people that came out from that entire area, refugees – refugees not from us, but refugees from the Viet Cong. People who came there just to have their own type of government and just to be free, and I think we all realize that, as honorable men, we'd never – I don't' know the semantics, perhaps, as well as you, but we all realize that we'd never do anything dishonorable. And I think that you must realize that, that you would have done something about it then. I think it was only the fact that a fellow changes when he runs for congressman from Massachusetts. That's what's – accounts for [unintelligible].
I think "no active part in the hostilities" to Art 3.1 can be debated
Art. 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
We had no problem bombing German cities because the civilians contributed to the war effort. I'm sure the legalities of shooting up a Vietnamese village that supported the enemy war effort was the same.