Lieber Code

Last updated
The jurist Franz Lieber, LL.D., modernized the military law of the 1806 Articles of War into the Lieber Code (General Orders No. 100, April 24, 1863) for the Union Army to legitimately prosecute the civil war (1861-1865) begun by the Confederate States of America. Francis Lieber - Brady-Handy.jpg
The jurist Franz Lieber, LL.D., modernized the military law of the 1806 Articles of War into the Lieber Code (General Orders No. 100, April 24, 1863) for the Union Army to legitimately prosecute the civil war (1861–1865) begun by the Confederate States of America.

The Lieber Code (General Orders No. 100, April 24, 1863) was the military law that governed the wartime conduct of the Union Army by defining and describing command responsibility for war crimes and crimes against humanity; and the military responsibilities of the Union soldier fighting in the American Civil War (April 12, 1861 – May 26, 1865) against the Confederate States of America (February 8, 1861 – May 9, 1865). [1]

Contents

The General Orders No. 100: Instructions for the Government of the Armies of the United States in the Field (Lieber Code) were written by Franz Lieber, a German lawyer, political philosopher, and combat veteran of the Napoleonic Wars.

History

Background

At military age, the jurist Francis Lieber soldiered and fought in two wars, first for Prussia in the Napoleonic Wars (18 May 1803 – 20 November 1815) and then in the Greek War of Independence (21 February 1821 – 12 September 1829) from the Ottoman Empire (1299–1922). In his later career, Lieber was an academic at the College of South Carolina, in the southern region of United States of America. Although not personally an abolitionist, Lieber opposed slavery in principle and in practice because he had witnessed the brutalities of black chattel slavery in the South, from which he departed for New York City in 1857. [2] In 1860, Professor Lieber taught history and political science at the Columbia Law School, and publicly lectured about the "Laws and Usages of War" proposing that the laws of war correspond to a legitimate purpose for the war. [3]

During that time, Lieber had three sons who fought in the American Civil War (April 12, 1861 – May 26, 1865): one in the Confederate Army, who was killed at the Battle of Eltham's Landing (May 7, 1862), and two in the Union Army. Later in 1862, in St. Louis, Missouri, while searching for the Union-soldier son wounded at the Battle of Fort Donelson (February 11–16, 1862), Lieber asked the help of his professional acquaintance Major General Henry W. Halleck, who had been a lawyer before the Civil War and was the author of International Law, or, Rules Regulating the Intercourse of States in Peace and War (1861), a book of political philosophy that emphasized legal correspondence between the casus belli and the purpose of the war. [3]

Gen. Henry W. Halleck commissioned the jurist Franz Lieber, LL.D., to modernize the military law of the 1806 Articles of War into General Orders No. 100 (1863), the Lieber Code, for the Union Army to fight the guerrilla warfare of the Confederacy during the American Civil War (1861-1865). Henry Halleck by Scholten, c1865.jpg
Gen. Henry W. Halleck commissioned the jurist Franz Lieber, LL.D., to modernize the military law of the 1806 Articles of War into General Orders No. 100 (1863), the Lieber Code, for the Union Army to fight the guerrilla warfare of the Confederacy during the American Civil War (1861–1865).

In fighting the Confederate Army, guerrillas, and civilian collaborators of the Confederacy, Union Army soldiers and officers faced ethical dilemmas of command responsibility concerning their summary execution in situ, per military custom, because the 1806 Articles of War did not address the management and disposition of prisoners of war and irregular fighters; nor the management and safe disposition of escaped black slaves – who were not to be repatriated to the Confederacy, per the Act Prohibiting the Return of Slaves (1862). [4]

To resolve the lack of military authority in the 1806 Articles of War, Commanding General of the Union Army Halleck commissioned Professor Lieber to write military laws specific to the modern warfare of the American Civil War. For the Union Army's management and disposal of irregular fighters (guerrillas, spies, saboteurs, et al.), Lieber wrote the tract of military law Guerilla Parties Considered with Reference to the Laws and Usages of War (1862), which disallowed a soldier's POW-status to Confederate guerrillas and irregular fighters with three functional disqualifications: (i) guerrillas do not wear the army uniform of a belligerent party to the war; (ii) guerrillas have no formal chain of command, like a regular army unit; and (iii) guerrillas cannot take prisoners, as could an army unit. [5]

At the end of 1862, General Halleck and War Secretary Stanton commissioned Lieber to revise the military law of the 1806 Articles of War to include the practical considerations of military necessity and the humanitarian needs of civilian populations under military occupation. The editorial-revision committee, Major General Ethan A. Hitchcock and Major General George Cadwalader, Major General George L. Hartsuff and Brigadier General John Henry Martindale, requested from Lieber comprehensive military laws to govern the Union Army's prosecution of the Civil War. Gen. Halleck edited Lieber's military law to concur with the Emancipation Proclamation (1 January 1863), and, on April 24, 1863, President Lincoln promulgated General Orders No. 100, Instructions for the Government of the Armies of the United States in the Field, the Lieber Code. [3]

For the Union Army's prosecution of the American Civil War, General Order No. 100 (April 24, 1863) concerns the practical particulars of martial law, military jurisdiction, and the treatment of Confederate irregular fighters, such as spies, deserters, and prisoners of war. In the field practice of military justice, the unit commander held authority for any prosecution under the Lieber Code, which command authority included the summary execution of Confederate prisoners of war and war-criminal soldiers of the Union Army. [6] In the context of the American Civil War, the Lieber Code explains the concepts of military necessity and humanitarian needs in articles 14, 15, and 16 of Section I:

  1. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
  2. Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the Army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God.
  3. Military necessity does not admit of cruelty – that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult.

In the late 19th century, the Lieber Code was the first modern codification of both customary international law and the law of war of Europe, and later was a basis for the Hague Convention of 1907, which restated and codified the practical particulars of that U.S. military law for application to international war among the signatory countries. [7]

Ethical warfare

As the modernization of the 1806 Articles of War (An Act for Establishing Rules and Articles for the Government of the Armies of the United States), the Lieber Code defines and describes what is a state of civil war, what is military occupation, and explains the politico-military purposes of war; explains what are the permissible and the impermissible military means an army can employ to fight and win a war; and defines and describes the nature of the nation-state, the nature of national sovereignty, and what is rebellion. [8]

The Code requires the humane, ethical treatment of civil populations under the military occupation of the Union Army, and forbids the policy of killing prisoners of war – except when taking prisoners endangers the capturing unit. [9] Moreover, concerning the ethics of fighting a civil war, Article 70, Section III stipulates that "the use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war." [10]

The Code forbids torture as warfare; thus Article 44, Section II prohibits "all wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. A soldier, officer, or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior." [11] [12]

Black prisoners of war

The Lieber Code military law concorded with the Emancipation Proclamation (1 January 1863) and prohibited racist discrimination against black soldiers of the Union Army, specifically the Confederate Army denying them the rights and privileges of prisoners of war. [13] Those stipulations of U.S. military law specifically addressed the Confederate government's proclamation that the Confederate Army would treat captured black soldiers of the Union Army as escaped slaves, and not as prisoners of war, subject either to summary execution or to re-enslavement in the Confederacy; likewise, the white officers commanding the captured black soldiers would be denied prisoner-of-war status and would be arrested, tried, and condemned as common criminals for helping slaves escape human bondage. [14] [15]

Hard measures

The Prussian military theoretician Carl von Clausewitz in uniform CarlvonClausewitz.jpg
The Prussian military theoretician Carl von Clausewitz in uniform

Regarding a successful military occupation, the Lieber Code proposed a reciprocal relationship between the U.S. military authority and the Confederate civilian population, whose co-operation with the military authority would ensure considerations and good treatment for the civilian populace; that against guerrilla warfare and armed resistance to martial law the Union Army would subject the insubordinate enemy civilians to imprisonment and death. [16]

Moreover, to defend against the Confederate Army's violations of the laws of war by way of irregular fighters, the Lieber Code allowed retaliation by musketry against Confederate POWs, and allowed the summary execution of captured enemy civilians (spies, saboteurs, francs-tireurs , guerrillas) caught attacking the Union Army and the United States. [17]

In the 19th century, the Lieber Code legalized limited circumstances for retaliation against enemies for acts such as giving no quarter, reasoning "a reckless enemy ... leaves to his opponent no other means of securing himself against the repetition of barbarous outrage." (article 27) "Retaliation shall only be resorted to after careful inquiry into the real occurrence, and the character of the misdeeds that may demand retribution."(article 28)

However, retribution is limited: "Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages."(article 28)

As he believed war's ultimate goal is to bring peace, Lieber preferred for short wars fought and won with decisive warfare, as proposed in the strategy and tactics of the Prussian military science of Carl von Clausewitz. To that end, the Lieber Code legitimized and justified aggressive war to expand the operational range of the Union Army’s prosecution of the civil war to conquer the Confederacy and free the slaves. [18] [19]

Occupation of the Confederacy

Gen. Sherman at Federal Fort No. 7, after the Atlanta Campaign, September 1864. Sherman-Horseback.jpg
Gen. Sherman at Federal Fort No. 7, after the Atlanta Campaign, September 1864.

For the conquest and military occupation of the Confederate States of America (February 8, 1861 – May 9, 1865), General William Tecumseh Sherman based his Special Field Orders No. 120 (November 9, 1864) upon General Orders No. 100 (April 24, 1863) for the Union Army. To realize a peaceful military occupation of the state of Georgia, Special Field Order No. 120 stipulated that "in districts and neighborhoods where the army is unmolested no destruction of such property should be permitted; but, should guerrillas or bushwhackers molest our march, or should the inhabitants burn bridges, obstruct roads, or otherwise manifest local hostility, then army commanders should order and enforce a devastation more or less relentless according to the measure of such hostility." [20]

Moreover, the Lieber Code (General Orders No. 100, April 24, 1863) was the military law applied to the prosecution of war crimes and for equal prisoner-of-war exchanges between the Union Army and the Confederate Army, regardless of the skin color of the soldier. [21]

Legacy

International law

In the late 19th century and in the early 20th century, the parties to the Hague Conventions of 1899 and 1907 used the Lieber Code (General Orders No. 100, April 24, 1863) as a basis for their legislation of the international law of war and the codification (definition and description) of what is a war crime and of what is a crime against humanity. In the mid 20th century, in the aftermath of the Second World War (1 September 1939 – 2 September 1945), at the war-crime Nuremberg Trials (20 November 1945 – 1 October 1946) and at the Tokyo Trials (29 April 1946 – 12 November 1948) the jurists determined that, by the year 1939, most governments in the world knew of the existence the law of war, agreed in Switzerland, and thus most governments knew the legal responsibilities of the belligerent parties, of neutral countries, and of the refugees from the war. [22]

Philippine–American War

An abridged version of the Lieber Code was published in The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies (1899). [23] Lieber's son, Guido Norman Lieber, was the Judge Advocate General of the Army (1895–1901), during the Spanish–American War (April 21 – August 13, 1898) and Philippine–American War (February 4, 1899 – July 2, 1902). The Lieber Code was the military law then applied for courts martial of American military personnel, and for litigation against the Filipino natives and against the Filipino revolutionaries fighting the U.S. occupation of the Philippine Islands; e.g. the unlawful concentration camps of General J. Franklin Bell and war-crime trial of Littleton Waller.

U.S. Law of War Manual

In 2015, the United States Department of Defense published its Law of War Manual. [24] [25] It was updated and revised in July 2023. [26] The Manual explicitly refers to the Lieber Code, and the Lieber Code's influence on the Law of War Manual is apparent throughout. [27]

See also

Related Research Articles

<span class="mw-page-title-main">War crime</span> Individual act constituting a violation of the laws of war

A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.

<span class="mw-page-title-main">Confederate States Army</span> Southern army in the American Civil War

The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America during the American Civil War (1861–1865), fighting against the United States forces to win the independence of the Southern states and uphold and expand the institution of slavery. On February 28, 1861, the Provisional Confederate Congress established a provisional volunteer army and gave control over military operations and authority for mustering state forces and volunteers to the newly chosen Confederate president, Jefferson Davis. Davis was a graduate of the U.S. Military Academy, and colonel of a volunteer regiment during the Mexican–American War. He had also been a United States senator from Mississippi and U.S. Secretary of War under President Franklin Pierce. On March 1, 1861, on behalf of the Confederate government, Davis assumed control of the military situation at Charleston, South Carolina, where South Carolina state militia besieged Fort Sumter in Charleston harbor, held by a small U.S. Army garrison. By March 1861, the Provisional Confederate Congress expanded the provisional forces and established a more permanent Confederate States Army.

<span class="mw-page-title-main">United States Colored Troops</span> American Civil War military unit

United States Colored Troops (USCT) were Union Army regiments during the American Civil War that primarily comprised African Americans, with soldiers from other ethnic groups also serving in USCT units. Established in response to a demand for more units from Union Army commanders, USCT regiments, which numbered 175 in total by the end of the war in 1865, constituted about one-tenth of the manpower of the army, according to historian Kelly Mezurek, author of For Their Own Cause: The 27th United States Colored Troops. "They served in infantry, artillery, and cavalry." Approximately 20 percent of USCT soldiers were killed in action or died of disease and other causes, a rate about 35 percent higher than that of white Union troops. Numerous USCT soldiers fought with distinction, with 16 receiving the Medal of Honor. The USCT regiments were precursors to the Buffalo Soldier units which fought in the American Indian Wars.

<span class="mw-page-title-main">Union Army</span> Land force that fought for the Union (the North) during the American Civil War

During the American Civil War, the United States Army, the land force that fought to preserve the collective Union of the states, was often referred to as the Union Army, the Grand Army of the Republic, the Federal Army, or the Northern Army. It proved essential to the restoration and preservation of the United States as a working, viable republic.

<span class="mw-page-title-main">Sherman's March to the Sea</span> 1864 military campaign in the American Civil War

Sherman's March to the Sea was a military campaign of the American Civil War conducted through Georgia from November 15 until December 21, 1864, by William Tecumseh Sherman, major general of the Union Army. The campaign began on November 15 with Sherman's troops leaving Atlanta, recently taken by Union forces, and ended with the capture of the port of Savannah on December 21. His forces followed a "scorched earth" policy, destroying military targets as well as industry, infrastructure, and civilian property, disrupting the Confederacy's economy and transportation networks. The operation debilitated the Confederacy and helped lead to its eventual surrender. Sherman's decision to operate deep within enemy territory without supply lines was unusual for its time, and the campaign is regarded by some historians as an early example of modern warfare or total war.

<span class="mw-page-title-main">Border states (American Civil War)</span> Slave states that did not secede from the Union during the American Civil War

In the American Civil War (1861–65), the border states or the Border South were four, later five, slave states in the Upper South that primarily supported the Union. They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia. To their north they bordered free states of the Union, and all but Delaware bordered slave states of the Confederacy to their south.

<span class="mw-page-title-main">Union (American Civil War)</span> Civil War term for northern United States

The Union, colloquially known as the North, refers to the states that remained loyal to the United States after eleven Southern slave states seceded to form the Confederate States of America (CSA), also known as the Confederacy or South, during the American Civil War. The Union was led by Abraham Lincoln, the 16th president of the United States, and sought to preserve the nation a constitutional federal union.

<span class="mw-page-title-main">Francis Lieber</span> German-American jurist, gymnast and political philosopher (1798–1872)

Francis Lieber was a Prussian-American-French jurist and political philosopher. He is most well known for the Lieber Code, the first codification of the customary law and the laws of war for battlefield conduct, which served a later basis for the Hague Conventions of 1899 and 1907 and for the Geneva Conventions. He was also a pioneer in the fields of law, political science, and sociology in the United States.

<span class="mw-page-title-main">West Virginia in the American Civil War</span>

The U.S. state of West Virginia was formed out of western Virginia and added to the Union as a direct result of the American Civil War, in which it became the only modern state to have declared its independence from the Confederacy. In the summer of 1861, Union troops, which included a number of newly formed Western Virginia regiments, under General George McClellan drove off Confederate troops under General Robert E. Lee at the Battle of Philippi in Barbour County. This essentially freed Unionists in the northwestern counties of Virginia to form a functioning government of their own as a result of the Wheeling Convention. Before the admission of West Virginia as a state, the government in Wheeling formally claimed jurisdiction over all of Virginia, although from its creation it was firmly committed to the formation of a separate state.

<span class="mw-page-title-main">Command responsibility</span> Doctrine of hierarchical accountability

In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.

<span class="mw-page-title-main">Louisville in the American Civil War</span> Major stronghold of Union forces

Louisville in the American Civil War was a major stronghold of Union forces, which kept Kentucky firmly in the Union. It was the center of planning, supplies, recruiting and transportation for numerous campaigns, especially in the Western Theater. By the end of the war, Louisville had not been attacked once, although skirmishes and battles, including the battles of Perryville and Corydon, Indiana, took place nearby.

<span class="mw-page-title-main">Foods of the American Civil War</span> U.S. military rations and civilian food during the American Civil War

Foods of the American Civil War were the provisions during the American Civil War with which both the Union and Confederate armies struggled to keep their soldiers provisioned adequately.

<span class="mw-page-title-main">Partisan Ranger Act</span> 1862 act by the Confederate Congress

The Partisan Ranger Act was passed on April 21, 1862, by the Confederate Congress. It was intended as a stimulus for recruitment of irregulars for service into the Confederate Army during the American Civil War. The Confederate leadership, like the Union leadership, later opposed the use of unconventional warfare out of fear the lack of discipline among rival guerrilla groups could spiral out of control. On February 17, 1864, the law was repealed after pressure from General Robert E. Lee and other Confederate regulars.

The Dix–Hill Cartel was the first official system for exchanging prisoners during the American Civil War. It was signed by Union Major General John A. Dix and Confederate Major General D. H. Hill at Haxall's Landing on the James River in Virginia on July 22, 1862.

<span class="mw-page-title-main">Military history of African Americans in the American Civil War</span> Aspect of United States history

African Americans, including former enslaved individuals, served in the American Civil War. The 186,097 black men who joined the Union Army included 7,122 officers and 178,975 enlisted soldiers. Approximately 20,000 black sailors served in the Union Navy and formed a large percentage of many ships' crews. Later in the war, many regiments were recruited and organized as the United States Colored Troops, which reinforced the Northern forces substantially during the conflict's last two years. Both Northern Free Negro and Southern runaway slaves joined the fight. Throughout the course of the war, black soldiers served in forty major battles and hundreds of more minor skirmishes; sixteen African Americans received the Medal of Honor.

<span class="mw-page-title-main">Guerrilla warfare in the American Civil War</span> Irregular warfare in the American Civil War

Guerrilla warfare was waged during the American Civil War (1861–1865) by both sides of the conflict, but most notoriously by the Confederacy. It gathered in intensity as the war dragged.

<span class="mw-page-title-main">Battle of Fairfax Court House (1861)</span> First land engagement of the American Civil War with casualties

The Battle of Fairfax Court House was the first land engagement of the American Civil War with fatal casualties. On June 1, 1861, a Union scouting party clashed with the local militia in the village of Fairfax, Virginia, resulting in the first deaths in action, and the first wounding of a field-grade officer.

<span class="mw-page-title-main">2nd Arkansas Field Battery</span> Military unit

The 2nd Arkansas Field Battery (1861–1865) was a Confederate Army artillery battery during the American Civil War. Also known as: Dallas Artillery and Hart's Arkansas Battery. The battery was re-organized on two occasions. Following a charge of cowardice during Battle of Pea Ridge, the battery was ordered to disband. After being cleared of that charge the battery was reorganized and served until it was captured at the Battle of Arkansas Post. After being exchanged and re-organized for the second time, it served until the final surrender of Confederate forces in May 1865.

The Military Division of the James was an administrative division or formation of the United States Army which existed for ten weeks at the end of the American Civil War. This military division controlled military operations between April 19, 1865, and June 27, 1865, in parts of Virginia and North Carolina under control of two main Union armies, the Army of the Potomac and the Army of the James.

On June 20, 1863, the U.S. government created a new state from 50 western counties of Virginia to be named "West Virginia". This was done on behalf of a Unionist government in Wheeling, Virginia, approved by Congress and President Lincoln, though it was done with a low participation of the citizens within the new state. There remained a large number of counties and citizens who still considered themselves as part of Virginia and the Confederacy which, in turn, considered the new state as part of Virginia and the Confederacy. In 1861 the 50 counties contained a population of 355,544 whites, 2,782 freemen, 18,371 slaves, 79,515 voters and 67,721 men of military age. West Virginia was the 6th most contested state during the war, with 632 battles, engagements, actions and skirmishes.

References

  1. ↑ Francis Lieber (1863). Instructions for the Government of the Armies of the United States in the Field (1st ed.). New York: D.Van Nostrand. Retrieved 23 August 2015– via Internet Archive.
  2. ↑ Carnahan, Burrus M. (2010). Lincoln on Trial: Southern Civilians and the Law of War. United States: The University Press of Kentucky. p. 30.
  3. 1 2 3 Beard, Rick. "The Lieber Codes". The New York Times, April 24, 2013.
  4. ↑ Article 43, Section II, General Orders No. 100, Instructions for the Government of Armies of the United States in the Field (24 IV 1863)
  5. ↑ "Guerrilla Parties: Considered with Reference to the Laws and Usages of War". archive.org. 1862.
  6. ↑ Article 77, Section III: Deserters—Prisoners of war—Hostages—Booty on the Battle-field, Instructions for the Government of Armies of the United States in the Field (1863)
  7. ↑ Vergerio, Claire (2022). "The Berlin and Hague Conferences". In Bukovanski, Mlada; Keene, Edward; Reus-Smit, Christian; Spanu, Maja (eds.). The Oxford Handbook of History and International Relations.
  8. ↑ articles 149, 150, and 151, Section X: Insurrection—Civil War—Rebellion, Instructions for the Government of Armies of the United States in the Field (1863)
  9. ↑ Article 60, Section III, Instructions for the Government of the Armies of the United States in the Field (1863).
  10. ↑ Article 70, Section III, Instructions for the Government of the Armies of the United States in the Field (1863).
  11. ↑ Lieber, Francis (April 24, 1863). "The Lieber Code of 1863". United States War Department. Archived from the original on 2001-04-07. Retrieved 10 March 2020.
  12. ↑ Kuo, Peggy (2002). "Prosecuting Crimes of Sexual Violence in an International Tribunal". Case Western Reserve Journal of International Law. 34: 306–307. [military commanders were] given the power to execute a soldier immediately if that person committed one of the prohibited acts.
  13. ↑ Witt 2013.[ page needed ]
  14. ↑ "The Lieber Codes". The New York Times. April 24, 2013.
  15. ↑ "Lieber Code". Oxford Public International Law. Retrieved November 9, 2017.
  16. ↑ Birtle, Andrew J. (April 1997). "The U.S. Army's Pacification of Marinduque, Philippine Islands, April 1900 – April 1901". The Journal of Military History. 61 (2). Society for Military History: 255–282. doi:10.2307/2953967. JSTOR   2953967.
  17. ↑ articles 27, 28, and 29, Section I: "Martial Law—Military Jurisdiction—Military Necessity—Retaliation", Instructions for the Government of Armies of the United States in the Field (1863)
  18. ↑ The Lieber Codes (April 24, 2013), The New York Times, p. 2.
  19. ↑ "Lieber Code". Oxford Public International Law. Retrieved November 9, 2017.
  20. ↑ Sherman, William T. (9 November 1864). "Special Field Orders No. 120".
  21. ↑ Witt 2013.[ page needed ]
  22. ↑ Witt 2013.[ page needed ]
  23. ↑ United States. War Department. The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies. Series 2. 5. Washington, DC: Government Printing Office, 1899, pp. 671–682.
  24. ↑ Department of Defense Law War Manual (PDF). Washington, DC: Office of General Counsel, Department of Defense. 2015. p. iii. Retrieved 14 April 2016.
  25. ↑ Savage, Charlie (July 22, 2016). "Pentagon Revamps Law of War Manual to Protect Journalists". The New York Times. Retrieved July 23, 2016.
  26. ↑ Department of Defense Law of War Manual. Washington, DC: Office of General Counsel, Department of Defense. May 2016. Retrieved 23 July 2016– via DocumentCloud. or via U.S. Department of Defense
  27. ↑ "Throwback Thursday: The Lieber Code". 23 July 2015.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.