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As the Civil War started President Lincoln suspended Habitus Corpus. The President also knew that the current Laws of War had significant holes because they “did not address the management and disposition of prisoners of war and irregular fighters; nor the management and safe disposition of escaped black slaves” and other issues. The President turned to Franz Lieber, a law professor teaching ethics, history and political science at Columbia Law School. https://en.wikipedia.org/wiki/Lieber_Code

Lieber was uniquely qualified and experienced to rewrite the Laws of War. As a young Prussian Officer he fought in the Napoleonic Wars and was wounded at Waterloo. Before Columbia Law School he was a professor at the College of South Carolina. He had three sons who fought in the Civil War. One fought for the Confederacy and was killed. The other two fought for the Union and one was wounded in the attack on Fort Donelson in the Western Theater. Lieber spent considerable amount of time in the St Louis area searching for his wounded son that he found with the help of Union General Halleck.

In just over 9000 words, Lieber rewrote the Laws of War and the “Lieber Code” was adopted by the US Army as General Orders No. 100 in April 1883. For the first time rules were established for the humane treatment and handling of the wounded and POWs. ”The Lieber Code defines and describes what is a state of civil war, what is military occupation, and explains the politico-military purposes of war; explains what are the permissible and the impermissible military means an army can employ to fight and win a war; and defines and describes the nature of the nation-state, the nature of national sovereignty, and what is rebellion.” In addition, the Lieber Code had no tolerance of treachery “allowing the summary execution of captured enemy civilians (spies, saboteurs, francs-tireurs, guerrillas) caught attacking the Union Army and the United States.”

Most importantly, the Lieber Code established the LOAC principle of “Military Necessity”. “Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war…” In other words, Lieber recognized and understood that a rigorous war, makes for a short war, and a short war makes for a merciful war.

On the first anniversary of the terrorist attack on Israeli civilians, years into the Ukraine War, and two long wars in Iraq and Afghanistan, I have to wonder if our military and political leaders are attempting the humane management of war. General Sherman once stated that war is hell and his intend in his “march to the sea” was to shorten the war by marching through the bread belt of the South. Now looking at FD2030, a bad (or missing) military strategy, I have to wonder if our senior military leadership has forgotten the purpose of military necessity. A rigorous war, makes for a short war and a short makers for a merciful war.

Lincoln's Code: The Laws of War in American History by John Fabian Witt https://www.amazon.com/s?k=Lincoln+code&i=stripbooks&crid=G6H8AYY1G5K1&sprefix=lincoln+code%2Cstripbooks%2C115&ref=nb_sb_noss_1

Humane: How the United States Abandoned Peace and Reinvented War by Samuel Moyn https://www.amazon.com/Humane-United-States-Abandoned-Reinvented/dp/0374173702/ref=sr_1_1?crid=1MASP8NPNKU3A&dib=eyJ2IjoiMSJ9.7h8vQKhdeJsi5UQcj

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