www.redcross.

org/ehl The Lieber Code | 2:1

TEACHER RESOURCES
Background Document
on the Lieber Code
ll Your Students Ask.
STUDENT RESOURCES
Painting: Prisoners
from the Front
Photo collage:
Limiting the
Devastation of War
What are the Basic
Rules of the Lieber
Code?

ADDITIONAL RESOURCES
A corresponding lesson,
Exploration 2A Limiting
the devastation of war
introduces students
to the basic rules of
modern IHL. It can be
found in Module 2 of the
Exploring Humanitarian
Law curriculum at
www.redcross.org/ehl.
In the midst of the American Civil War, President Lincoln asked Francis Lieber, a jurist
and political philosopher, to draft a new code of war with rules that would regulate
the conict. After its adoption by the U.S. Army in 1863, the Lieber Code became
the basis for certain international treaties and similar national military codes in other
countries.
The fundamental concepts of modern international humanitarian law (IHL) have
remained generally unchanged since the Civil War and are still based on the balance
between military necessity and human dignity found in the Lieber Code. For example,
the protection of civilians and captured combatants remains paramount. The underlying
principles of the Lieber Code can assist students in understanding the basic rules of
IHL.
This lesson locuses on the rules ol behavior that are specihcally designed to protect
the lives and human dignity of people in armed conict. It introduces the basic rules
of IHL that emerged during the American Civil War. Students examine the reasons for
these rules and compare them with rules that they suggest. The lesson also compares
these early rules with those of modern IHL.
OBJECTIVES
L To understand some of the reasons why rules are needed
in armed conict
L To learn and understand some of the basic rules of IHL
as they emerged during the Civil War
PREPARATION
Consider using various teaching methods such as discussion, brainstorming, role
playing, or small groups, and using stories, photos and videos. These are presented
in the EHL Methodology Guide which can be found at www.redcross.org/ehl.
TIME
One 45-minute session
The Lieber Code: Limiting the Devastation of War

With malice toward none; with charity for all; with rmness in the right,
as God gives us to see the right, let us strive on to nish the work we
are in; to bind up the nations wounds; to care for him who shall have
borne the battle, and for his widow, and his orphanto do all which may
achieve and cherish a just, and a lasting peace, among ourselves, and
with all nations.

FROM PRESIDENT LINCOLNS 2ND INAUGURAL ADDRESS, SATURDAY, MARCH 4, 1865

TR
SR
ABRAHAM LI NCOLN
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2:2 | The Lieber Code
OPTIONAL TRANSITION 5 minutes
Briehy review the lesson titled "Humanitarian Acts: What Can Bystanders Do?" with
students.
Possible questions
F What do you recall about the characteristics ol humanitarian acts?
F What were some ol the obstacles to carrying out humanitarian acts?
F What additional obstacles might make it dilhcult to carry out humanitarian acts
during armed conict (such as desire for revenge, lack of information, lack of
supplies, lear, and intense hatred)?
F What is meant by human dignity?
1. THE EXPERIENCE OF CAPTIVES AND CAPTORS 15 minutes
Tell students that in this lesson they will consider the need for rules in armed conict
and look at examples of such rules.
Possible questions
F What might the captives be thinking? The guards?
Suggest the points below one at a time. Ask each student to discuss his or her
thoughts with a partner.
F Imagine that one of the captives is your brother. How would you want him to be
treated? Why?
F Imagine that one of the captives killed your friend in battle. How would you want
him to be treated? Why?
Reconvene the class and discuss the following questions:
F How should a man or woman taken prisoner during armed conhict be treated?
F Suppose prisoners have important information. Should that affect their
treatment?
F ln what way(s) is the human dignity ol a prisoner at risk? The human dignity ol a
guard?
The Lesson
STUDENT RESOURCE
Present the painting
titled Prisoners from the
Front showing captives
with guards.
SR
NOTE
The terms captured
person, captive,
detainee, and
prisoner may be used
interchangeably.
www.redcross.org/ehl The Lieber Code | 2:3
2. WHAT RULES SHOULD EXIST TO
PROTECT PERSONS DURING ARMED CONFLICT? 15 minutes
Have students examine the prisoners in the various photos, the treatment of the
wounded, and the impact on civilians and civilian property.
Ask students to write down rules they think are needed to protect persons during
armed conict and to give their reasons for each rule. Make a list of these proposed
rules.
Then, discuss the full list of students suggestions. Explore the reasons for your
students views.
Possible questions:
F How would each ol your rules change the experience ol war?
F Why might it be dilhcult to implement them?
F Which ol your rules apply to combatants who can no longer hght (lor example,
captured, wounded, sick, or shipwrecked combatants)?
3. EXAMINE THE BASIC RULES OF THE LIEBER CODE 15 minutes
Which ol these rules are similar to the ones you suggested?
Ask students to choose some of the rules and discuss what would happen
without them.
EXTENSION ACTIVITY:
COMPARE THE LIEBER CODE RULES TO MODERN IHL 10 minutes
Compare the basic rules of the Lieber Code with basic rules of modern IHL. In
general, what are the similarities and dillerences? se the table "What are the basic
rules ol international humanitarian law" on page 1? ol EHL Module 2 available at
www.redcross.org/ehl.

STUDENT RESOURCE
Present the table titled
What Are the Basic
Rules of the Lieber
Code?"
KEY IDEAS:
IHL aims to protect the lives and human dignity of people affected by
armed conict and to limit the suffering caused by war. It is a set of
international rules that restricts the means and methods of warfare
and protects those who are not ghting (e.g., civilians) or no longer
ghting (e.g., wounded or captured ghters).
SR
SR
STUDENT RESOURCE
Present Photo collage:
Limiting the Devastation
of War.
SOURCES:
Carnahan, Burrus. 1998. Lincoln, Lieber and the Laws of War: The Origins and Limits of the Principle of Military Necessity. American Journal
of International Law, 92 (213). Washington, D.C. The American Society of International Law (ASIL).
General Orders No. 100, Instructions for the Government of Armies of the United States, in the Field (the Lieber Code). International
Committee of the Red Cross. http://www.icrc.org/ihl.nsf/INTRO/110?OpenDocument.
Hartigan, Richard. 1983. Liebers Code and the Law of War. Chicago, Ill. Precedent Publishing.
Perry, Thomas Sargeant (ed.). 1882. The life and letters of Francis Lieber. Boston: James R. Osgood and Co. Reprinted in 2006 by Lawbook
Exchange, Clark, N.J.
Solis, Gary. 2010. The Law of Armed Conict, International Humanitarian Law in War. New York, N.Y. Cambridge University Press.
2:4 | The Lieber Code
Background Document on The Lieber Code
The 1863 Lieber Code is a military order that codihes the laws ol war into 15?
articles and instructs soldiers on their humanitarian obligations and prohibited and
permitted conduct during armed conict. One of the main reasons for its importance
is that it represents the hrst attempt to gather the customs and usages ol the laws
of war into one document.
During the American Civil War (1861-1865), Dr. Francis Lieber was commissioned
to dralt the code, which was approved by a board ol nion Army olhcers. President
Lincoln ordered that the Lieber Code be incorporated into the Union Armys
General Orders, and in 1863 it became General Orders No. 100, Instructions for
the Government of Armies of the United States, in the Field. James Seddon, the
Confederate secretary of war, proclaimed the Lieber Code confused, unassorted,
and undiscriminating and partly obsolete, but the Confederacy later adopted the
Lieber Code for the instruction of its soldiers and commanders.
Outside the nited States, the Lieber Code signihcantly inhuenced similar codes
issued in the United Kingdom, France, Prussia, Spain, Russia, Serbia, Argentina,
and the Netherlands and became the basis for certain international humanitarian law
(IHL) treaties. Almost 150 years later, the Lieber Code is still considered the most
important early codihcation ol the customs and practices ol war.
Francis Lieber conceived the idea of the code and was the driving force behind its
development. He felt strongly that there was a lack of regulation of the conduct of
hostilities during the American Civil War. His eldest son, Oscar, had died in June 1862
lrom wounds sullered at the Battle ol Williamsburg while hghting lor the Conlederate
army. His other two sons, Hamilton and Norman, fought in the Union army.
Aside lrom Dr. Lieber, the other key hgure in the creation ol the code was Major Gen.
Henry Halleck, the head of the Union forces in 1862. Without Hallecks support,
Lieber probably would not have been successful in his endeavor.
After General Orders No. 100 was published, Lieber sent Halleck a letter asking him
to issue an order clearly prohibiting the destruction of private property. Lieber was
alarmed by certain ongoing acts being committed by Union soldiers and realized the
negative impact of these acts. Although his letter was written in 1863, his words
remain relevant in the context of modern armed conict.

I know by letters from

the West and the
South, written by men
on our side, that the
wanton destruction
of property by our men
is alarming. It does
incalculable injury.
It demoralizes our
troops; it annihilates
wealth irrecoverably,
and makes a return to
a state of peace more
and more difcult.
Your order, though
impressive and even
sharp, might be written
with reference to the
Code, and pointing
out the disastrous
consequences of
reckless devastation,
in such a manner
as not to furnish our
reckless enemy with
new arguments for
his savagery

LETTER FROM FRANCIS LIEBER TO

GENERAL HALLECK, NEW YORK,
MAY 20, 1863
FRANCI S LI EBER
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www.redcross.org/ehl The Lieber Code | 2:5
TR
If Your Students Ask
The following suggestions can be used to help students think through questions
they raise about why those who are hghting should accept and respect rules ol war.
Consider using them when facilitating a classroom discussion.
1. If either Union or Confederate soldiers felt they were winning the war, why
would they obey rules that would limit their behavior?
Look at your side's longterm interest. Do you want to be seen by powers
outside the nited States as a criminal?
What il your side starts losing? Consider the example ol the Conlederates,
who thought they would not lose but did. What will happen when your people
need protection?
Some reasons lor nion soldiers to obey the rules might include respect lor
human dignity, respect for legal rules (Lieber Code), to improve prospects
for peace, to maintain discipline among troops, to win the support of the
population in combat zones, and the belief that the Confederates might follow
the rules as well.
The Conlederate soldiers might be inclined to obey the rules lor similar
reasons. Also, the Confederacy had a desire to earn the support of the
population in combat zones and the good opinion of Great Britain.
2. Since so many of these rules were broken during the Civil War (e.g.,
Andersonville and Elmira prisons, Shermans march to the sea), what was
the point of having or obeying them?
Many ol the rules were broken, but many were also respected.
Even il imperlectly respected, these rules protected many people.
When rules are broken, it is olten because combatants have no lear ol being
punished. Thats why its important to ensure that the military and civilians
know the rules ol war-so that implementation ol the rules is monitored and
laws are enforced. Note that there was very little training on the rules of
armed conict during the Civil War compared with the training of modern
armies.
3. Why would either side waste resources to care for enemy prisoners?
ll you don't care lor prisoners lrom the other side, what will that mean lor your
people when they are held by the enemy?
Providing lor the basic needs ol prisoners is unlikely to allect your own
hghting capacity.
Does leaving injured men and women to die on the battleheld rehect our
values and principles? ls this rehective ol our society and how we wish it to
develop?
4. Since many violations occurred during the Civil War, who ensured respect
for these rules?
Commanders, olhcers and soldiers who understood the value ol discipline
and setting limits on the conduct of soldiers under their command.
The nion tried Captain Henry Wirz, the Conlederate commander at
Andersonville Prison in Georgia, and convicted him of war crimes for abusing
prisoners. He was hanged as a result.
2:6 | The Lieber Code
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2:8 | The Lieber Code
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R
Source: Summaries of sample articles of the Lieber Code in relation to the basic modern rules of international humanitarian law.
General Orders No. 100, Instructions for the Government of Armies of the United States, in the Field, 1863 (known as the Lieber Code).