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Lieber Code

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The jurist Franz Lieber modernised the 1806 Articles of War into the Lieber Code for the Union Army to legitimately prosecute the civil war begun by the Confederate States of America.
The jurist Franz Lieber modernised the 1806 Articles of War into the Lieber Code for the Union Army to legitimately prosecute the civil war begun by the Confederate States of America.

The Lieber Code (General Orders No. 100, 24 April 1863) of the Adjutant General’s Office 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 the American Civil War (1861–1864) against the Confederate States of America.[1]

The Instructions for the Government of the Armies of the United States in the Field (Lieber Code) was written by Franz Lieber, a German lawyer, political philosopher, and veteran of war.

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Union Army

Union Army

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 Federal Army or the Northern Army. It proved essential to the restoration and preservation of the United States as a working, viable republic.

Command responsibility

Command responsibility

Command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a superior officer is legally responsible for war crimes committed by subordinates.

American Civil War

American Civil War

The American Civil War was a civil war in the United States. It was fought between the Union and the Confederacy, the latter formed by states that had seceded. The central cause of the war was the dispute over whether slavery would be permitted to expand into the western territories, leading to more slave states, or be prevented from doing so, which was widely believed would place slavery on a course of ultimate extinction.

Francis Lieber

Francis Lieber

Francis Lieber, known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an Encyclopaedia Americana. He was the author of the Lieber Code during the American Civil War, also known as Code for the Government of Armies in the Field (1863). The Lieber Code is considered the first document to comprehensively outline rules regulating the conduct of war, and laid the foundation for the Geneva Conventions.

History

Gen. Henry W. Halleck commissioned Franz Lieber to modernize the 1806 Articles of War into the Lieber Code military law for the Union Army to prosecute the American civil war (1861–1865), begun by the Confederate States of America.
Gen. Henry W. Halleck commissioned Franz Lieber to modernize the 1806 Articles of War into the Lieber Code military law for the Union Army to prosecute the American civil war (1861–1865), begun by the Confederate States of America.

At military age, the jurist Franz Lieber soldiered and fought in two wars, first for Prussia in the Napoleonic Wars (1803–1815) and then for the Greek War of Independence (1821) from the Ottoman Empire (1299–1922). In his later career, Lieber was an academic who worked in the Confederate States of America, at the College of South Carolina. Although not personally an abolitionist, he opposed slavery in principle and in practise, because Lieber had witnessed the brutalities of black chattel slavery in the U.S. in the course of two decades as a teacher in Confederacy, which he departed for New York in 1857.[2] In 1860, Prof. 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]

Lieber had three sons; two in the Union Army, and one in the Confederate Army, killed in the Battle of Eltham's Landing (7 May 1862). Later in 1862, in St. Louis, Missouri, whilst searching for the Union-soldier son wounded at the Battle of Fort Donelson (11–16 February 1862), Lieber asked the help of his acquaintance Major General Henry W. Halleck, who had practised law before the war and had published the International Law, or, Rules Regulating the Intercourse of States in Peace and War (1861) a book of political philosophy emphasizing that the casus belli must legally correspond to the purpose of the war.[3]

In fighting the Confederacy, Union Army soldiers and officers faced ethical dilemmas of command responsibility about prisoners of war, because the military law in the 1806 Articles of War did not address the management and disposition of prisoners of war and guerrillas, spies and secret agents, and enemy civilians — nor the management and disposition of escaped black slaves, who were not to be repatriated to the Confederacy, per an Army Order dated 13 March 1862.[4]

To resolve the lack of legitimate authority, as the Commanding General of the Union Army, Gen. Halleck commissioned Prof. Lieber to write military laws specific to civil-war circumstances for the Union Army's correct management and disposal of POWs et al., because the 1806 Articles of War gave no guidance applicable to the warfare particular to the American Civil War. In the event, Lieber produced Guerilla Parties Considered with Reference to the Laws and Usages of War (1862), military law which gave no POW-rights or privileges to Confederate guerrillas on three functional disqualifications: (i) guerrillas are not uniformed soldiers in the army of a belligerent party; (ii) guerrillas have no formal chain of command; and (iii) guerrillas cannot take prisoners, as could an army unit.[5]

In summer 1862, Lieber advised Secretary of War Edwin Stanton that customary laws of war allowed the “military use of colored persons” as soldiers and as civilian workers. At year's end, Gen. Halleck and Secretary Stanton asked Lieber to revise the 1806 Articles of War (Uniform Code of Military Justice) and update that military law to include the considerations of military necessity and the humanitarian needs of civilian populations during wartime. The editorial-revision committee were Maj. Gen. Ethan A. Hitchcock and Maj. Gen. George Cadwalader, Maj. Gen. George L. Hartsuff and Brigadier General John Henry Martindale, who advised the jurist Lieber to write comprehensive military laws to govern the wartime conduct of the Union Army. Gen. Halleck edited Lieber’s military law to concur with the Emancipation Proclamation (1 January 1863), and, on 24 April 1863, President Lincoln promulgated the Lieber Code rules of war for the Union Army under the official title “General Orders No. 100, Instructions for the Government of the Armies of the United States in the Field.”[3]

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Jurist

Jurist

A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" is a jurisconsult (iurisconsultus).

Napoleonic Wars

Napoleonic Wars

The Napoleonic Wars (1803–1815) was a series of European wars fought between the First French Empire (1804–1815) and allies, against various Imperial coalitions in order to end the French domination of Continental Europe. The Napoleonic wars originated from political matters pending from the French Revolution (1789–1799) and from the French Revolutionary Wars (1792–1802), specifically the War of the First Coalition (1792–1797) and the War of the Second Coalition (1798–1802). There were seven Napoleonic Wars, five named after the imperial coalitions, and two named for the place of battle: (i) the War of the Third Coalition (1803–1806), (ii) the War of the Fourth Coalition (1806–1807), (iii) the War of the Fifth Coalition (1809), (iv) the War of the Sixth Coalition (1813–1814), (v) the Hundred Days (1815), (vi) the Peninsular War (1807–1814), and (vii) the French invasion of Russia (1812).

Greek War of Independence

Greek War of Independence

The Greek War of Independence, also known as the Greek Revolution or the Greek Revolution of 1821, was a successful war of independence by Greek revolutionaries against the Ottoman Empire between 1821 and 1829. In 1826, the Greeks became assisted by the British Empire, Kingdom of France, and the Russian Empire, while the Ottomans were aided by their North African vassals, particularly the eyalet of Egypt. The war led to the formation of modern Greece, which would be expanded to include its modern borders in later years. The revolution is celebrated by Greeks around the world as independence day on 25 March every year.

Ottoman Empire

Ottoman Empire

The Ottoman Empire, historically and colloquially the Turkish Empire, was an empire that controlled much of Southeast Europe, Western Asia, and Northern Africa between the 14th and early 20th centuries. It was founded at the end of the 13th century in northwestern Anatolia in the town of Söğüt by the Turkoman tribal leader Osman I. After 1354, the Ottomans crossed into Europe and, with the conquest of the Balkans, the Ottoman beylik was transformed into a transcontinental empire. The Ottomans ended the Byzantine Empire with the conquest of Constantinople in 1453 by Mehmed the Conqueror.

Battle of Eltham's Landing

Battle of Eltham's Landing

The Battle of Eltham's Landing, also known as the Battle of Barhamsville, or West Point, took place on May 7, 1862, in New Kent County, Virginia, as part of the Peninsula Campaign of the American Civil War. Brig. Gen. William B. Franklin's Union division landed at Eltham's Landing and was attacked by two brigades of Brig. Gen. G. W. Smith's command, reacting to the threat to the Confederate army's trains on the Barhamsville Road. Franklin's movement occurred while the Confederate army was withdrawing from the Williamsburg line, but he was unable to interfere with the Confederate movement.

Battle of Fort Donelson

Battle of Fort Donelson

The Battle of Fort Donelson was fought from February 11–16, 1862, in the Western Theater of the American Civil War. The Union capture of the Confederate fort near the Tennessee–Kentucky border opened the Cumberland River, an important avenue for the invasion of the South. The Union's success also elevated Brig. Gen. Ulysses S. Grant from an obscure and largely unproven leader to the rank of major general, and earned him the nickname of "Unconditional Surrender" Grant.

Henry Halleck

Henry Halleck

Henry Wager Halleck was a senior United States Army officer, scholar, and lawyer. A noted expert in military studies, he was known by a nickname that became derogatory: "Old Brains". He was an important participant in the admission of California as a state and became a successful lawyer and land developer. Halleck served as the General in Chief of the Armies of the United States from 1862 to 1864.

Casus belli

Casus belli

A casus belli is an act or an event that either provokes or is used to justify a war. A casus belli involves direct offenses or threats against the nation declaring the war, whereas a casus foederis involves offenses or threats against its ally—usually one bound by a mutual defense pact. Either may be considered an act of war. A declaration of war usually contains a description of the casus belli that has led the party in question to declare war on another party.

Command responsibility

Command responsibility

Command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a superior officer is legally responsible for war crimes committed by subordinates.

Espionage

Espionage

Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence). A person who commits espionage is called an espionage agent or spy. Any individual or spy ring, in the service of a government, company, criminal organization, or independent operation, can commit espionage. The practice is clandestine, as it is by definition unwelcome. In some circumstances, it may be a legal tool of law enforcement and in others, it may be illegal and punishable by law.

Commanding General of the United States Army

Commanding General of the United States Army

The Commanding General of the United States Army was the title given to the service chief and highest-ranking officer of the United States Army, prior to the establishment of the Chief of Staff of the United States Army in 1903. During the American Revolutionary War (1775–1783), the title was Commander-in-Chief of the Continental Army. In 1783, the title was simplified to Senior Officer of the United States Army. In 1821, the title was changed to Commanding General of the United States Army. The office was often referred to by various other titles, such as "Major General Commanding the Army" or "General-in-Chief".

Edwin Stanton

Edwin Stanton

Edwin McMasters Stanton was an American lawyer and politician who served as U.S. Secretary of War under the Lincoln Administration during most of the American Civil War. Stanton's management helped organize the massive military resources of the North and guide the Union to victory. However, he was criticized by many Union generals, who perceived him as overcautious and micromanaging. He also organized the manhunt for Abraham Lincoln's assassin, John Wilkes Booth.

Legal provisions

The military law of General Orders No. 100 (the Lieber Code) concerns the practical particulars of martial law, military jurisdiction, and the treatment of spies, deserters, and prisoners of war (POW), as such, the Lieber Code is the first codification of the customary international law and of the law of war, and thus was the legal precursor to the Hague Convention of 1907, which restated and codified the particulars of the laws of war for the signatory countries.[6]

The judicial enforcement of the Lieber Code was at the discretion of the unit commander, including the right to order the summary execution of Confederate prisoners of war and of war-criminal soldiers of the Union Army.[7]

Ethics of warfare

As the modernization of the 1806 Articles of War, the military law of the Lieber Code defines and describes what is a state of 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 in areas occupied by the Union Army, and forbids the No Quarter 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 Lieber 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]

Black prisoners of war

Concerning captured black soldiers of the Union Army, the president of the Confederacy, Jefferson Davis officially announced that the Confederacy would treat black Union soldiers as escaped slaves, not as soldiers; as such, black soldiers were subject to summary execution or to re-enslavement in the Confederacy.[12][13]

The Lieber Code was military law that concorded with the Emancipation Proclamation (1863) and prohibited racist discrimination against a black Union soldier being denied the rights and privileges of a prisoner of war.[14]

Hard measures

In defense against enemy violation of the laws of war, the Lieber Code allowed reprisal by musketry against enemy POWs, and allowed the summary execution of captured spies and saboteurs, paramilitary francs-tireurs and guerrillas, when any such enemy person is captured while executing attacks against the Union Army and the United States. The Code’s allowance of legal reprisal against prisoners of war reflected Lieber’s philosophic affinity with the Prussian militarism of Carl von Clausewitz, because the Lieber Code also legitimized and justified a war of aggression to expand the military range of the American Civil War to rapidly conquer the Confederacy and emancipate the slaves.[15]

The Code proposed a reciprocal relationship between the civilian population under military occupation by the Union Army. That civilian co-operation with the occupation ensured good treatment from the military authorities. That against guerrilla warfare and armed resistance to martial law the Union Army would subject the insubordinate civilians to imprisonment and death.[16]

Some articles of war from Section I of the Lieber Code

14. 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.

15. 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.

16. 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.

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Martial law

Martial law

Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.

Jurisdiction

Jurisdiction

Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.

Customary international law

Customary international law

Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

Law of war

Law of war

The law of war is the component of international law that regulates the conditions for initiating war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.

Modernity

Modernity

Modernity, a topic in the humanities and social sciences, is both a historical period and the ensemble of particular socio-cultural norms, attitudes and practices that arose in the wake of the Renaissance—in the "Age of Reason" of 17th-century thought and the 18th-century "Enlightenment". Some commentators consider the era of modernity to have ended by 1930, with World War II in 1945, or the 1980s or 1990s; the following era is called postmodernity. The term "contemporary history" is also used to refer to the post-1945 timeframe, without assigning it to either the modern or postmodern era.

Military occupation

Military occupation

Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory. The territory is then known as the occupied territory and the ruling power the occupant. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation.

Rebellion

Rebellion

Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority.

No quarter

No quarter

The phrase no quarter was generally used during military conflict to imply combatants would not be taken prisoner, but killed.

Civil war

Civil war

A civil war or intrastate war is a war between organized groups within the same state . The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies. The term is a calque of Latin bellum civile which was used to refer to the various civil wars of the Roman Republic in the 1st century BC.

Jefferson Davis

Jefferson Davis

Jefferson F. Davis was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a member of the Democratic Party before the American Civil War. He had previously served as the United States Secretary of War from 1853 to 1857 under President Franklin Pierce.

Emancipation Proclamation

Emancipation Proclamation

The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the Civil War. The Proclamation changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. As soon as slaves escaped the control of their enslavers, either by fleeing to Union lines or through the advance of federal troops, they were permanently free. In addition, the Proclamation allowed for former slaves to "be received into the armed service of the United States."

Reprisal

Reprisal

A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions, reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants.

Legacy

U.S. Civil War

In conquering the Confederacy, Gen. William Tecumseh Sherman based his Special Field Orders No. 120 (9 November 1864) for his army upon General Orders No. 100 (the Lieber Code) of 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.”[17] Moreover, the Lieber Code (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.[14]

In international law

The participants in the Hague Peace Conferences used the Lieber Code (1863) as the basis for the international laws of war and codifications of war crime, which respectively produced the Hague Conventions of 1899 and 1907. In the aftermath of the Second World War (1939–1945) the jurists at the war-crime Nuremberg Trials (0000) and at the Tokyo Trials (oooo) formally determined that, by the year 1939, most every country in the world knew of the existence the laws of war and thus of the legal responsibilities of the belligerent parties, neutral countries, and displaced foreign nationals nationals.[14]

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).[18] Lieber's son, Guido Norman Lieber, was the Judge Advocate General of the Army f (1895–1901), during the Spanish–American War (21 April – 13 August 1898) and Philippine–American War (4 February 1899 – 2 July 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 Gen. 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.[19][20] It was updated and revised in May 2016.[21] The Manual explicitly refers to the Lieber Code, and the Lieber Code's influence on the Law of War Manual is apparent throughout.[22]

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William Tecumseh Sherman

William Tecumseh Sherman

William Tecumseh Sherman was an American soldier, businessman, educator, and author. He served as a general in the Union Army during the American Civil War (1861–1865), achieving recognition for his command of military strategy as well as criticism for the harshness of the scorched-earth policies that he implemented against the Confederate States. British military theorist and historian B. H. Liddell Hart declared that Sherman was "the first modern general".

Military occupation

Military occupation

Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory. The territory is then known as the occupied territory and the ruling power the occupant. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation.

War crime

War crime

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.

Hague Conventions of 1899 and 1907

Hague Conventions of 1899 and 1907

The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.

Belligerent

Belligerent

A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin bellum gerere. Unlike the use of belligerent as an adjective meaning "aggressive", its use as a noun does not necessarily imply that a belligerent country is an aggressor.

Neutral country

Neutral country

A neutral country is a state that is neutral towards belligerents in a specific war or holds itself as permanently neutral in all future conflicts. As a type of non-combatant status, nationals of neutral countries enjoy protection under the law of war from belligerent actions to a greater extent than other non-combatants such as enemy civilians and prisoners of war. Different countries interpret their neutrality differently: some, such as Costa Rica, have demilitarized, while Switzerland holds to "armed neutrality", to deter aggression with a sizeable military, while barring itself from foreign deployment.

Nationality

Nationality

Nationality is a legal identification of a person in international law, establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states.

Guido Norman Lieber

Guido Norman Lieber

Guido Norman Lieber was a United States Army lawyer and jurist.

Spanish–American War

Spanish–American War

The Spanish–American War was a period of armed conflict between Spain and the United States. Hostilities began in the aftermath of the internal explosion of USS Maine in Havana Harbor in Cuba, leading to United States intervention in the Cuban War of Independence. The war led to the United States emerging predominant in the Caribbean region, and resulted in U.S. acquisition of Spain's Pacific possessions. It led to United States involvement in the Philippine Revolution and later to the Philippine–American War.

Philippine–American War

Philippine–American War

The Philippine–American War or Filipino–American War, previously referred to as the Philippine Insurrection or the Tagalog Insurgency by the United States, was an armed conflict between the First Philippine Republic and the United States that started on February 4, 1899, and ended on July 2, 1902. The conflict arose in 1898 when the United States, rather than acknowledging the Philippines' declaration of independence, annexed the Philippines under the Treaty of Paris at the conclusion of the Spanish–American War. The war can be seen as a continuation of the Philippine struggle for independence that began in 1896 with the Philippine Revolution against Spanish rule.

United States Department of Defense

United States Department of Defense

The United States Department of Defense is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DoD is the largest employer in the world, with over 1.34 million active-duty service members as of June 2022. The DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security".

Source: "Lieber Code", Wikipedia, Wikimedia Foundation, (2023, January 29th), https://en.wikipedia.org/wiki/Lieber_Code.

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References
  1. ^ Francis Lieber, LL.D. and revised by a Board of Officers (1863). Instructions for the Government of the Armies of the United States in the Field (1 ed.). New York: D.Van Nostrand. Retrieved 23 August 2015 – via Internet Archive.{{cite book}}: CS1 maint: uses authors parameter (link)
  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. ^ a b c Beard, Rick. The Lieber Codes The New York Times, 24 April 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. ^ 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.
  7. ^ Kuo, Peggy (2002). "Prosecuting Crimes of Sexual Violence in an International Tribunal". Case Western Reserve Journal of International Law. 34: 306–307.
  8. ^ 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.
  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. ^ Francis Lieber; et al. (24 April 1863). "The Lieber Code of 1863". United States War Department. Archived from the original on 2001-04-07. Retrieved 10 March 2020.
  12. ^ "The Lieber Codes". The New York Times. April 24, 2013.
  13. ^ "Lieber Code". Oxford Public International Law. Retrieved November 9, 2017.
  14. ^ a b c "Lincoln's Code – Document Collection Center". documents.law.yale.edu.
  15. ^ See: Witt, Lincoln's Code, ch. 6–8.
  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. Society for Military History. 61 (2): 255–282. doi:10.2307/2953967. JSTOR 2953967.
  17. ^ Sherman, William T. (9 November 1864). "William T. Sherman, Special Field Orders No. 120, 9 November 1864".
  18. ^ 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.
  19. ^ Office of General Counsel, Department of Defense (2015). Department of Defense Law War Manual (PDF). Washington, DC. pp. iii. Retrieved 14 April 2016.
  20. ^ Savage, Charlie (2016). "Pentagon Revamps Law of War Manual to Protect Journalists". The New York Times (published July 22, 2016). Retrieved July 23, 2016.
  21. ^ Office of General Counsel, Department of Defense (2015). Department of Defense Law War Manual. Washington, DC (published 2016). Retrieved 23 July 2016 – via DocumentCloud. or via U.S. Department of Defense
  22. ^ "Throwback Thursday: The Lieber Code". 23 July 2015.
Further reading
  • Witt, John Fabian. Lincoln's Code: The Laws of War in American History. New York: Free Press, 2012.
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