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The first modern codification of the Law of War: Francis Lieber and General Orders No. 100

Published online by Cambridge University Press:  13 January 2010

R. R. Baxter
R. R. Baxter*
Affiliation:
Professor of Law, Harvard Law School
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Extract

Mr. Henri Coursier, of the Legal Department of the ICRC, published some time ago a study on “Francis Lieber and the Laws of War” in the International Review, together with a French translation of Orders No. 100 relative to the behaviour of the United States Armies in the field (the famous “Lieber Laws”), the object of which was to have the principles of international law applied during the American civil war (1861–1865). These orders which were immediately recognized and appreciated by the principal lawyers of the time, had a great influence on the future of the law of nations, since it can be said that the Hague Regulations, which sprang from the 1899 and 1907 Peace Conferences, were very largely inspired by them, and several provisions of the Geneva Conventions of August 12, 1949, stem from the same source. It was to Lieber that the President of the United States, Abraham Lincoln, appealed to establish this Code which was promulgated in 1863, thus preceding by one year the First Geneva Convention.

Type
Research Article
Information
International Review of the Red Cross (1961 - 1997) , Volume 3 , Issue 25 , April 1963 , pp. 171 - 189
Copyright
Copyright © International Committee of the Red Cross 1963

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References

* See English Supplement, September 1953.

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6 Ibid., pp. 635–640.

7 Ibid., pp. 640–643.

8 Ibid., pp. 645–650.

9 Ibid., p. 653.

10 Ibid., p. 654.

11 Ibid., p. 657.

12 Ibid., pp. 658–668.

13 Lieber, , Instructions for the Government of Armies of the United States in the Field (1863), originally published as General Orders No. 100, War Department, Adjutant General's Office, 24 04 1863.Google Scholar

14 Freidel, , Francis Lieber, p. 320.Google Scholar

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39 Hitchcock, , printed circular letter, 22 December 1862.Google Scholar

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41 In the Henry E. Huntington Library, San Marino, California ( Dyer, , op. cit., p. 455).Google Scholar

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44 Ibid.

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46 Lieber, Manuscript notebook.

47 Ibid.

48 Ibid.

49 Digest of Opinions of The Judge Advocates General of the Army, 1912, p. 276 (1917).Google Scholar

50 Lieber, Manuscript notebook.

51 Ibid.

52 Lieber, , draft letter, May 1862.Google Scholar

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64 Id., Series 1, Vol. 2, pp. 743–4; Vol. 12, Part 1, pp. 53–4, 292–3, 327.Google Scholar