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Concept
Lieber Code
Summary
The Lieber Code (General Orders No. 100, April 24, 1863) was the military law that governed the wartime conduct of the Union Army by defining and describing command responsibility for war crimes and crimes against humanity; and the military responsibilities of the Union soldier fighting the American Civil War (1861–1865) against the Confederate States of America.
The General Orders No. 100: Instructions for the Government of the Armies of the United States in the Field (Lieber Code) were written by Franz Lieber, a German lawyer, political philosopher, and combat veteran of the Napoleonic Wars.
At military age, the jurist Franz Lieber soldiered and fought in two wars, first for Prussia in the Napoleonic Wars (1803–1815) and then in the Greek War of Independence (1821) from the Ottoman Empire (1299–1922). In his later career, Lieber was an academic at the College of South Carolina, in the Confederate States of America. Although not personally an abolitionist, Lieber opposed slavery in principle and in practice because he had witnessed the brutalities of black chattel slavery in the Confederacy, from which he departed for New York City in 1857. In 1860, Prof. Lieber taught history and political science at the Columbia Law School, and publicly lectured about the "Laws and Usages of War" proposing that the laws of war correspond to a legitimate purpose for the war.
In that time, Lieber had three sons who fought in the American Civil War (1861–1865): one in the Confederate Army, who was killed in the Battle of Eltham's Landing (May 7, 1862), and two in the Union Army. Later in 1862, in St. Louis, Missouri, while searching for the Union-soldier son wounded at the Battle of Fort Donelson (February 11–16, 1862), Lieber asked the help of his professional acquaintance Major General Henry W. Halleck, who had been a lawyer before the Civil War and was the author of International Law, or, Rules Regulating the Intercourse of States in Peace and War (1861), a book of political philosophy that emphasized legal correspondence between the casus belli and the purpose of the war.
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