Lieber Code

The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order № 100, or "Lieber Instructions", was an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War that dictated how soldiers should conduct themselves in war time. It was named after the German-American jurist and political philosopher Francis Lieber.

The main sections were concerned with martial law, military jurisdiction, treatment of spies and deserters, and how prisoners of war should be treated.

Ethical treatment

The document insisted upon the humane, ethical treatment of populations in occupied areas. It was the first expressly codified law that expressly forbade giving "no quarter" to the enemy (killing prisoners of war), except in such cases when the survival of the unit that held these prisoners was threatened. As such, it is widely considered to be the precursor to the Geneva Convention.

terner measures

However, the code envisioned a reciprocal relationship between the population and the Army. As long as the population did not resist military authority, it was to be treated well. Should the inhabitants violate this compact by taking up arms and supporting guerilla movements, then they were open to sterner measures. Among these were the imposition of fines, the confiscation and/or destruction of property, the imprisonment and/or expulsion of civilians who aided guerrillas, the relocation of populations, the taking of hostages, and the possible execution of guerillas who failed to abide by the laws of war. [cite journal | author= Birtle, Andrew J. | title=The U.S. Army's Pacification of Marinduque, Philippine Islands, April 1900 – April 1901 | journal= The Journal of Military History | year= April 1997| volume=61 | issue= | pages=255–282 | url = http://www.jstor.org/stable/2953967 | format = at JSTOR | doi=10.2307/2953967 ] It authorized the shooting on sight of all persons not in uniform acting as soldiers and those committing, or seeking to commit, sabotage [cite web|last=Nebrida|first=Victor|coauthors=ed. Hector Santos|year=1997-06-15|url=http://www.bibingka.com/phg/balangiga/|title =The Balangiga Massacre: Getting Even|work=Philippine Centennial Series|accessdate=2006-03-04] .

Philippine-American War

The Lieber Code was used extensively during the Philippine-American War as a justification and later a defense for war crimes against the native population (see J. Franklin Bell and Littleton Waller).

ee also

*Command responsibility
*International criminal law
*Laws of war
*War crimes

External links

* [http://www.civilwarhome.com/liebercode.htm The full text of the Lieber Code] .
* [http://www.yale.edu/lawweb/avalon/lieber.htm The full text of the Lieber Code]

References