A different sense of humanity: Occupation in Francis Lieber's Code

Research output: Contribution to journalArticlepeer-review

Abstract

Accounts narrating the history of the modern law of occupation display ambivalence to the 1863 Lieber Code. At times, they mark the humanity of its provisions on occupied territories; at others, they find its concept of humanity in occupation limited compared to subsequent developments. A broader reading of the Code against Lieber's published works, teaching, and correspondence reveals a unique - and disconcerting -sense of humanity pervading through its provisions. Lieber's different sense of humanity, not directed at individuals, throws light on the history of the law governing occupied territories today and paves the way for critical reflections on its conceptual bases.

Original languageAmerican English
Pages (from-to)81-116
Number of pages36
JournalInternational Review of the Red Cross
Volume94
Issue number885
DOIs
StatePublished - Mar 2012

Keywords

  • Early modern occupation law
  • Humanitarian imperative
  • International order
  • Lieber Code
  • Lieber's sense of humanity
  • Military necessity
  • Occupation
  • Occupied territories
  • Public order

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Law

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