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Lincoln's Code

Lincoln's Code PDF Author: John Fabian Witt
Publisher: Simon and Schuster
ISBN: 1416569839
Category : Biography & Autobiography
Languages : en
Pages : 498

Book Description
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.

Lincoln's Code

Lincoln's Code PDF Author: John Fabian Witt
Publisher: Simon and Schuster
ISBN: 1416569839
Category : Biography & Autobiography
Languages : en
Pages : 498

Book Description
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.

The Laws of Yesterday’s Wars

The Laws of Yesterday’s Wars PDF Author: Samuel C. Duckett White
Publisher: BRILL
ISBN: 9004464298
Category : Law
Languages : en
Pages : 234

Book Description
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.

Revised United States Army Regulations of 1861

Revised United States Army Regulations of 1861 PDF Author: United States. War Dept
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 588

Book Description


Instructions for the Government of Armies of the United States, in the Field

Instructions for the Government of Armies of the United States, in the Field PDF Author: United States. War Department
Publisher:
ISBN:
Category : Military law
Languages : en
Pages : 98

Book Description


The 1863 Laws of War

The 1863 Laws of War PDF Author: US War Department
Publisher: Stackpole Books
ISBN: 9780811701334
Category : History
Languages : en
Pages : 268

Book Description
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.

Act of Justice

Act of Justice PDF Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
ISBN: 0813138213
Category : History
Languages : en
Pages : 212

Book Description
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.

A Scrap of Paper

A Scrap of Paper PDF Author: Isabel V. Hull
Publisher: Cornell University Press
ISBN: 0801470641
Category : History
Languages : en
Pages : 425

Book Description
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.

Humanity in Warfare

Humanity in Warfare PDF Author: Geoffrey Best
Publisher:
ISBN: 9789040060779
Category :
Languages : en
Pages : 408

Book Description


The Functional Beginning of Belligerent Occupation

The Functional Beginning of Belligerent Occupation PDF Author: Michael Siegrist
Publisher: Graduate Institute Publications
ISBN: 294041548X
Category : History
Languages : en
Pages : 81

Book Description
Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)

On Civil Liberty and Self-government

On Civil Liberty and Self-government PDF Author: Francis Lieber
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages : 644

Book Description