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Thread: Lieber Code: What's the problem?

Started 6 months ago by trice
In the following posts, I'll show the text of the "Lieber Code" that became the basis for all International Law on conduct in war. I am interested in seeing what the members (particularly TheGhost and Vareb) find so objectionable in it. It will take a few messages to post it all because of the length of the text. Please wait until you see all 157 points posted before replying. Tim
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Total thread posts: 243 posts
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trice replied 6 months ago
The Lieber Code of 1863 CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS OF THE UNION AUTHORITIES FROM JANUARY 1 TO DECEMBER 31, 1863.--#7 O.R.--SERIES III--VOLUME III [S# 124] GENERAL ORDERS No. 100. WAR DEPT., ADJT. GENERAL'S OFFICE, Washington, April 24 , 1863 . </STRONG> The following "Instructions for the Government of Armies of the United States in the ...

trice replied 6 months ago
INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. </STRONG> SECTION I.-- Martial law--Military jurisdiction--Military necessity--Retaliation. </STRONG> 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army, whether any proclamation declaring martial ...

trice replied 6 months ago
SECTION II.-- Public and private property of the enemy--Protection of persons, and especially of women; of religion, the arts and sciences--Punishment of crimes against the inhabitants of hostile countries. 31. A victorious army appropriates all public money, seizes all public movable property until further direction by its government, and sequesters for its own benefit or ...

trice replied 6 months ago
SECTION III. --Deserters--Prisoners of war--Hostages--Booty on the battle-field. 48. Deserters from the American Army, having entered the service of the enemy, suffer death if they fall again into the hands of the United States, whether by capture or being delivered up to the American Army; and if a deserter from the enemy, having taken service in the Army of the United ...

trice replied 6 months ago
SECTION IV. --Partisans--Armed enemies not belonging to the hostile army--Scouts--Armed prowlers-- War-rebels. 81. Partisans are soldiers armed and wearing the uniform of their army, but belonging to a corps which acts detached from the main body for the purpose of making inroads into the territory occupied by the enemy. If captured they are entitled to all the privileges ...

trice replied 6 months ago
SECTION V. - -Safe-conduct--Spies-- War-traitors-- Captured messengers-Abuse of the flag of truce. 86. All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be observed without special proclamation. Exceptions to this rule, whether by safe-conduct ...

trice replied 6 months ago
SECTION VI. -- Exchange of prisoners--Flags of truce--Flags of protection. 105. Exchanges of prisoners take place--number for number--rank for rank--wounded for wounded--with added condition for added condition--such, for instance, as not to serve for a certain period. 106. In exchanging prisoners of war, such numbers of persons of inferior rank may be substituted ...

trice replied 6 months ago
SECTION VII. -- The parole. 119. Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole. 120. The term parole designates the pledge of individual good faith and honor to do, or to omit doing, certain acts after he who gives his parole shall have been dismissed, wholly or partially, from the power of the captor. 121. ...

trice replied 6 months ago
SECTION VIII. -- Armistice--Capitulation. 135. An armistice is the cessation of active hostilities for a period agreed between belligerents. It must be agreed upon in writing and duly ratified by the highest authorities of the contending parties. 136. If an armistice be declared without conditions it extends no further than to require a total cessation of hostilities along the ...

trice replied 6 months ago
SECTION IX. - -Assassination. 148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such international outlawry; on the contrary, it abhors such outrage. The sternest ...

 

Top contributing authors

Name
Posts
Elennsar
33
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 17:35:00)
Quote: Originally Posted by Elennsar Do we have Auger's plan involving prominent civilians written out in full somewhere? Or just that it involved prominent citizens on trains? Repeating my question to indicate my intentions. __________________ Though Duty's face is stern, her path is best: They sweetly sleep who die upon her breast. Henry Abbey, &quot;The Roman Sentinel&quot;
trice
28
user's latest post:
Lieber Code: What's the...
Published (2009-07-30 18:48:00)
Quote: Originally Posted by ole ... Lieber wrote a code that is the basis of International Law. Did he beat his dog? Sheeze. I don't know about the dog. But in case anyone thinks he had an animus against &quot;the South&quot;, Lieber owned several slaves while he was in South Carolina -- despite being being what modern-day PC would call &quot;personally opposed&quot; to the institution. Tim
ole
27
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 19:20:00)
They can be, Ms. Hale. But I don't see anyone stepping up to go through the procedures necessary to do that. Lots and lots of involvement and thought. The mods do have lives outside of this messing with most everything. We tend to skate along with what is, rather than what ought to be. I let most things slide. Being a peckerhead is not my bag. Ole __________________ If we don't survive as a free people, no one will. I'm...
K Hale
27
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 16:53:00)
That is my understanding as well. What's the Lieber Code, anyway? I guess I should read the start of the thread. __________________
dvrmte
24
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 01:29:00)
[quote=Elennsar;154001] I think the term &quot;human shields&quot; is being used rather too loosely here. I can't help the human shield thing. It has came up in my research this week. There were human shields or to put it another way, people/soldiers put in harms way, intentionally to retaliate for some misdeed. As for heading west - west is a big place. Its unlikely that they'd want to travel through a war zone, however....
prroh
17
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 11:28:00)
Quote: Originally Posted by K Hale Funny how Mosby was convicted of what amounts to reckless discharge of a gun, and not attempted murder, or even assault and battery. The jury and/or judge were connected to the bully's family. I can't find the specifics but it's probably in my Jeffry Wert book at home. Seriously, now, if you were a little guy like Mosby, and you had some big dude with a history of violence going around...
cash
17
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 16:46:00)
Quote: Originally Posted by Elennsar No, it harkens to &quot;Do not kill if you can avoid it.&quot; I'm not claiming there's a reliable disabling shot, but there's no reliable kill shot, either. People are tough to bring down (unconscious, dead, or simply unable to act aggressively). So unless (and I'm trusting Ms. Hale here until this is proven otherwise) Mosby was in fear of his life, I hope he was intending to...
Lady Val
11
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 14:33:00)
On August 4, 1863, W. T. Sherman in Camp on Big Black River, Mississippi, wrote to Grant at Vicksburg, &quot;The amount of burning, stealing and plundering done by our army makes me ashamed of it. I would rather quit the service if I could, because I fear that we are drifting to the worst sort of vandalism....You and I and every commander must go through the war, justly charged with crimes at which we blush.&quot; - Federal Official...
Scribe
9
user's latest post:
Lieber Code: What's the...
Published (2009-11-09 17:12:00)
Quote: Originally Posted by Elennsar No, it harkens to &quot;Do not kill if you can avoid it.&quot; There's a technical term for people who do that in a combat situation... they're known as dead. Quote: Originally Posted by Elennsar I'm not claiming there's a reliable disabling shot, but there's no reliable kill shot, either. One in the boiler room generally gets the job done. Quote: Originally Posted by...
Vareb
7
user's latest post:
Lieber Code: What's the...
Published (2009-07-30 10:06:00)
Quote: Originally Posted by trice This is so wrong-headed that it is pretty impossible to swallow. It was the generals of the US Army who were requesting clear instructions and guidelines from the government -- that is how we got the &quot;Lieber Code&quot; in the first place. Prior to the issuance of the &quot;Lieber Code&quot; in 1863, there was no formal, written code for conduct in war. It is universally regarded as the...

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