A Different Sense of Humanity: Occupation in Francis Lieber’s Code

International Review of the Red Cross (Volume 94, Issue 885, Spring 2012, pp. 1-36)

45 Pages Posted: 2 Sep 2014

See all articles by Rotem Giladi

Rotem Giladi

University of Helsinki, Erik Castrén Institute of International Law and Human Rights, Faculty of Law

Date Written: October 10, 2012

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.

Keywords: law of occupation, humanity, Lieber Code, legal history

Suggested Citation

Giladi, Rotem, A Different Sense of Humanity: Occupation in Francis Lieber’s Code (October 10, 2012). International Review of the Red Cross (Volume 94, Issue 885, Spring 2012, pp. 1-36). Available at SSRN: https://ssrn.com/abstract=2164769

Rotem Giladi (Contact Author)

University of Helsinki, Erik Castrén Institute of International Law and Human Rights, Faculty of Law ( email )

Finland

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