The Laws of War Mock Trial Curriculum the Lieber Codes

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The Laws of War Mock Trial Curriculum the Lieber Codes

National Park Service Andersonville National Historic Site U.S. Department of the Interior The Trial of Henry Wirz The Laws of War Mock Trial Curriculum The Lieber Codes The Lieber Codes, or General Orders 100, were issued by President Abraham Lincoln in April 1863. The Lieber Code was intended to govern the conduct of soldiers during the Civil War and to protect the rights of both civilians and soldiers. Many of the individual laws of war outlined in the Lieber Code specifically outlined how the United States government expected prisoners of war to be treated. After the Civil War, the Lieber Codes were used as the basis for around 1,000 military tribunals, including the Trial of Henry Wirz. Listed below are specific laws of war in the Lieber Codes that address treatment of prisoners of war. 56. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the intentional infliction of any suffering, or disgrace, by cruel punishment, want of food, by mutilation, death or any other barbarity. 58. The law of nations knows no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army, it would be a case for the severest retaliation. 75. Prisoners of war are subject to confinement or imprisonment such as may be deemed necessary on account of safety, but they are to be subjected to no other intentional suffering or indignity. 76. Prisoners of war shall be fed upon plain and wholesome food whenever practicable, and treated with humanity. 77. A prisoner of war who escapes may be shot, or otherwise killed in his flight, but neither death nor any other punishment shall be inflicted upon him simply for the attempt to escape, which the law of war does not consider a Francis Lieber crime. Lawyer who primarily authored what became known as The Lieber Code 79. Every captured wounded enemy shall be medically treated, according to the ability of the medical staff. 8.

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The Unsuspected Francis Lieber
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 5-2018 The Unsuspected Francis Lieber Richard Salomon The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/2622 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] THE UNSUSPECTED FRANCIS LIEBER by RICHARD SALOMON A master’s thesis submitted to the Graduate Faculty in Liberal Studies in partial fulfillment of the requirements for the degree of Master of Arts, The City University of New York 2018 © 2018 RICHARD SALOMON All Rights Reserved ii The Unsuspected Francis Lieber by Richard Salomon This manuscript has been read and accepted for the Graduate Faculty in Liberal Studies in satisfaction of the thesis requirement for the degree of Master of Arts. Date David S. Reynolds Thesis Advisor Date Elizabeth Macaulay-Lewis Executive Officer THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT The Unsuspected Francis Lieber by Richard Salomon Advisor: Distinguished Professor David S. Reynolds "The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity.
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