Abstract
Chapter 5 examines the integration of the concept of humanity as a legal category into the laws of war in the late nineteenth century. It looks at the writings of Francis Lieber, Johann Caspar Bluntschli, and Gustave Moyner, all of whom were influential publicists and highly articulate voices in the early stages of codification of the laws of war. The chapter highlights the tensions that resulted from integrating the humanity concept into the background paradigm of regular war, and it examines more broadly the deeper transformations in international legal theory that enabled this to happen. The channeling of the humanitarian agenda through international law produced a novel understanding of the laws of war as constituted by two fundamental principles in tension, necessity and humanity. This persistent duality continues to confuse our moral appraisal of the laws of war up to the present.
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