Lincoln's Code

Lincoln's Code
Author: John Fabian Witt
Publisher: Simon and Schuster
Total Pages: 498
Release: 2012-09-04
Genre: Biography & Autobiography
ISBN: 1416569839

By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.

Act of Justice

Act of Justice
Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
Total Pages: 212
Release: 2007-09-21
Genre: History
ISBN: 0813138213

In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

The 1863 Laws of War

The 1863 Laws of War
Author: US War Department
Publisher: Stackpole Books
Total Pages: 268
Release: 2005
Genre: History
ISBN: 9780811701334

This compendium of laws and rules is a testimony to America's reverence for the rule of law as well as its high regard for 'civilised' behaviour on the battlefield. The Articles of War were normative rules covering military duty and punishments allowed for violations.

A More Civil War

A More Civil War
Author: D. H. Dilbeck
Publisher: UNC Press Books
Total Pages: 225
Release: 2016-09-13
Genre: History
ISBN: 1469630524

During the Civil War, Americans confronted profound moral problems about how to fight in the conflict. In this innovative book, D. H. Dilbeck reveals how the Union sought to wage a just war against the Confederacy. He shows that northerners fought according to a distinct "moral vision of war," an array of ideas about the nature of a truly just and humane military effort. Dilbeck tells how Union commanders crafted rules of conduct to ensure their soldiers defeated the Confederacy as swiftly as possible while also limiting the total destruction unleashed by the fighting. Dilbeck explores how Union soldiers abided by official just-war policies as they battled guerrillas, occupied cities, retaliated against enemy soldiers, and came into contact with Confederate civilians. In contrast to recent scholarship focused solely on the Civil War's carnage, Dilbeck details how the Union sought both to deal sternly with Confederates and to adhere to certain constraints. The Union's earnest effort to wage a just war ultimately helped give the Civil War its distinct character, a blend of immense destruction and remarkable restraint.

A Scrap of Paper

A Scrap of Paper
Author: Isabel V. Hull
Publisher: Cornell University Press
Total Pages: 425
Release: 2014-04-16
Genre: History
ISBN: 0801470641

In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.

Rites of Retaliation

Rites of Retaliation
Author: Lorien Foote
Publisher: UNC Press Books
Total Pages: 313
Release: 2021-10-07
Genre: History
ISBN: 146966528X

During the Civil War, Union and Confederate politicians, military commanders, everyday soldiers, and civilians claimed their approach to the conflict was civilized, in keeping with centuries of military tradition meant to restrain violence and preserve national honor. One hallmark of civilized warfare was a highly ritualized approach to retaliation. This ritual provided a forum to accuse the enemy of excessive behavior, to negotiate redress according to the laws of war, and to appeal to the judgment of other civilized nations. As the war progressed, Northerners and Southerners feared they were losing their essential identity as civilized, and the attention to retaliation grew more intense. When Black soldiers joined the Union army in campaigns in South Carolina, Georgia, and Florida, raiding plantations and liberating enslaved people, Confederates argued the war had become a servile insurrection. And when Confederates massacred Black troops after battle, killed white Union foragers after capture, and used prisoners of war as human shields, Federals thought their enemy raised the black flag and embraced savagery. Blending military and cultural history, Lorien Foote's rich and insightful book sheds light on how Americans fought over what it meant to be civilized and who should be extended the protections of a civilized world.

Guerrilla Parties

Guerrilla Parties
Author: Francis Lieber
Publisher:
Total Pages: 30
Release: 1862
Genre: Guerrilla warfare
ISBN:

"Published a year before Lieber's code, this pamphlet contains several ideas that were incorporated into that work. Halleck's commission resonates with our current debates concerning the definition of 'enemy combatants' and prisoners of war. In the letter to Lieber that is reproduced as a preface Halleck states: 'The rebel authorities claim the right to send men, in the garb of peaceful citizens, to waylay and attack our troops, to burn bridges and houses, and to destroy property and persons within our lines. They demand such persons be treated as ordinary belligerents, and that when captured they have extended to them the same rights as other prisoners of war; they also threaten that if such persons be punished as marauders and spies, they will retaliate by executing our prisoners of war in their possession. I particularly request your view on these questions.'"--Lawbook Exchange.