Everything about The Lieber Code totally explained
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's widely considered to be the precursor to the
Geneva Convention.
Sterner measures
However, the code envisioned a reciprocal relationship between the population and the Army. As long as the population didn't 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. It authorized the shooting on sight of all persons not in uniform acting as soldiers and those committing, or seeking to commit, sabotage.
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).
Further Information
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