Legal Definitions - Lieber Code

Lieber Code

The Lieber Code was a foundational set of rules for the conduct of warfare, formally issued by President Abraham Lincoln for the Union Army during the American Civil War in 1863. Drafted by legal scholar Francis Lieber, it was the first comprehensive codification of the laws of war, outlining principles for how soldiers should behave in conflict. It addressed critical issues such as the humane treatment of prisoners of war, the protection of civilians and their property, the prohibition of certain cruel tactics, and the distinction between combatants and non-combatants. While initially intended for the Union Army, its humanitarian principles and structured approach profoundly influenced the development of international humanitarian law, serving as a foundational document for later international agreements like the Hague Conventions.

• Example 1: Treatment of Captured Soldiers

  During a modern conflict, a military unit captures several enemy combatants. Instead of mistreating them, the unit provides them with food, water, and necessary medical attention, and ensures their safe transfer to a prisoner-of-war facility. This adherence to humane treatment for captured soldiers directly reflects principles first codified in documents like the Lieber Code, which established standards for the treatment of prisoners of war, aiming to prevent cruelty and ensure basic human dignity even in conflict.

• Example 2: Protecting Civilian Infrastructure

  A military commander is planning an offensive against an enemy stronghold located near a densely populated town with a historic hospital and several schools. Guided by the principles of the laws of war, the commander adjusts the attack plan to avoid targeting the hospital or schools, even if it means a more difficult military operation. This decision to protect non-military infrastructure and civilian life, and to distinguish between military and civilian targets, is a direct descendant of the humanitarian rules first articulated in the Lieber Code.

• Example 3: Prohibiting Wanton Destruction

  After securing an enemy-held town, soldiers are ordered to refrain from looting homes or destroying private property unnecessarily. They are instructed to only target legitimate military objectives and to respect the property of civilians. This directive against indiscriminate destruction and theft, emphasizing discipline and respect for civilian property even in occupied territory, aligns with the core tenets of the Lieber Code, which sought to limit the brutality and lawlessness often associated with warfare.