Lieber's Code and the Law of War (review)

Abstract

88civil war history monolithic apologies for nor monolithic indictments of Confederate or Union prison systems get at the heart of the matter. Mr. Davis appears to be feeling more than ever before the need to interpret these photographs as art objects. He includes an introduction which helps explain why the Civil War photographs were saved and collected, and he includes a section on the craft of the camera which attempts to describe some pictures, not altogether successfully, as works of art. That he feels the urge to attempt it is commendable. The weaknesses are similar to those found in the earlier volumes, most notably, a certain monotony in subject matter and a weak selection of portraits. To these may be added a growing tendency to overwrite the captions in an attempt to inject excitement into some rather dull photographs. More important, however, is the fact that the weaknesses of the book remain few and small. Mark E. Neely, Jr. Louis A. Warren Lincoln Library and Museum Lieber's Code and the Law of War. By Richard Shelly Hartigan. (Chicago : Precedent Publishing, Inc., 1983. Pp. vii, 157. $17.95.) This slender book is probably not destined to be widely read by historians . Written by a political scientist, about a minor figure in American intellectual history, and with a title suggesting a forbidding combination of military and legal history, Lieber's Code is the sort of book usually read by a small group of specialists. This work deserves a better fate. It raises issues of historical and contemporary importance , and it does so in a way that is provocative, informative, and unexpectedly readable. Lieber's Code, which became General Orders, No. 100 of the U.S. Army during the Civil War, was an attempt by Dr. Francis Lieber to codify various aspects of the proper behavior of armies during war. For the first time vague theories of international law became official policy of a major government. The Code was soon adopted by several European nations, and played a central role in shaping the rules of warfare from the Civil War and Franco-Prussian War to the Geneva Convention. Among the thorny problems which Lieber considered was the widespread emergence of guerrilla warfare in the Civil War. What constituted guerrilla war? What rights did guerrillas have if captured? A related set of problems concerned the rights of civilian noncombatants . To what degree can an army justly wage war against an innocent civilian population? Other issues dealt with in the Code included martial law, treatment of prisoners, the legitimacy of forced labor, the status of enemy private property, slavery, looting, surrender procedures , spying, and so on. Such complex problems can hardly be explained in detail here. The point is simply that this book reveals an BOOK REVIEWS89 individual and a government grappling with a set of crucial and timeless moral and ethical issues related to government policy, armies, and war. The book consists of three parts: an excellent brief introduction to Lieber, his Code, and international law; the heart of the book, the Code itself and an accompanying essay on guerrilla war; and a final section of correspondence and documents relating to the genesis, adoption, and reception of the Code. I cannot imagine any historian—military, political, intellectual, social , or otherwise—who would not find this fascinating reading. In addition to its historical significance, the shadow of Vietnam looms over every page. Perhaps it should be made required reading for members of Congress, the executive branch, military officials, and the CIA. Section IX, No. 148, includes one of many points in this book worth pondering and remembering: "Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism ." Kent Blaser Wayne State College Soldiers When They Go: The Story of Camp Randall, 1861-1865. By Carolyn J. Mattern. (Madison: State Historical Society of Wisconsin, 1981. Pp. xi, 135. $7.95.) The Hardtack Regiment: An Illustrated History of the 154th Regiment . By Mark H. Dunkelman and Michael J. Winey. (East Brunswick, N.J.: Fairleigh Dickinson University Press, 1981. Pp. 211. $19.50.) Ruggles' Regiment: The 122nd New York Volunteers in the American Civil War. By David B. Swinfen...