A Different Sense of Humanity:: Occupation in Francis Lieber’s Code

Rotem Giladi

doi:10.1017/S1816383112000525

A Different Sense of Humanity: Occupation in Francis Lieber’s Code

Research output: Contribution to journal › Article › peer-review

Abstract

Accounts narrating the history of the modern law of occupation display ambivalence to the 1863 Lieber Code. At times, they mark the humanity of its provisions on occupied territories; at others, they find its concept of humanity in occupation limited compared to subsequent developments. A broader reading of the Code against Lieber's published works, teaching, and correspondence reveals a unique – and disconcerting –sense of humanity pervading through its provisions. Lieber's different sense of humanity, not directed at individuals, throws light on the history of the law governing occupied territories today and paves the way for critical reflections on its conceptual bases.

Original language	English
Pages (from-to)	81-116
Journal	International Review of the Red Cross
Volume	94
Issue number	885
DOIs	https://doi.org/10.1017/S1816383112000525
Publication status	Published - 10 Oct 2012

Keywords

Occupation
occupied territory
laws of war
international humanitarian law
Lieber Code
Francis Lieber
humanity
military necessity

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10.1017/S1816383112000525

https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/different-sense-of-humanity-occupation-in-francis-liebers-code/8D0FC69EA6516A8909BE7211D874D7CB

Cite this

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abstract = "Accounts narrating the history of the modern law of occupation display ambivalence to the 1863 Lieber Code. At times, they mark the humanity of its provisions on occupied territories; at others, they find its concept of humanity in occupation limited compared to subsequent developments. A broader reading of the Code against Lieber's published works, teaching, and correspondence reveals a unique – and disconcerting –sense of humanity pervading through its provisions. Lieber's different sense of humanity, not directed at individuals, throws light on the history of the law governing occupied territories today and paves the way for critical reflections on its conceptual bases.",

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KW - humanity

KW - military necessity

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JO - International Review of the Red Cross

JF - International Review of the Red Cross

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ER -

A Different Sense of Humanity: Occupation in Francis Lieber’s Code

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