General Orders No. 100 : The Lieber Code
INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD
Prepared by Francis Lieber, promulgated as General Orders No. 100 by President Lincoln, 24 April 1863.
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General's Office, 1863, Washington 1898: Government Printing Office.
Table of ContentsArticles
Section I. Martial Law - Military jurisdiction - Military necessity - Retaliation.1-30
Section II. Public and private property of the enemy -
Protection of persons, and especially of women, of religion, the arts and sciences -
Punishment of crimes against the inhabitants of hostile countries.31-47
Section III. Deserters - Prisoners of war - Hostages - Booty on the battlefield.48-80
Section IV. Partisans - Armed enemies not belonging to the hostile army -
Scouts- Armed prowlers - War-rebels.81-85
Section V. Safe-conduct - Spies - War-traitors -
Captured messengers - Abuse of the flag of truce.86-104
Section VI. Exchange of prisoners - Flags of truce - Flags of protection105-118
Section VII. The Parole119-134
Section VIII. Armistice - Capitulation135-147
Section IX. Assassination148
Section X. Insurrection - Civil War - Rebellion149-157
Martial Law - Military jurisdiction - Military necessity - Retaliation
Article 1.
A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.
The presence of a hostile army proclaims its Martial Law.
Art. 2.
Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.
Art. 3.
Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.
The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.
Art. 4.
Martial Law is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not Martial Law: it is the abuse of the power which that law confers. As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity - virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.
Lincoln's LIEBER CODE
https://avalon.law.yale.edu/19th_century/lieber.asp
General Orders No. 100 : The Lieber Code INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD Prepared by Francis Lieber, promulgated as General Orders No. 100 by President Lincoln, 24 April 1863.
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General's Office, 1863, Washington 1898: Government Printing Office.
Table of ContentsArticles Section I. Martial Law - Military jurisdiction - Military necessity - Retaliation.1-30 Section II. Public and private property of the enemy - Protection of persons, and especially of women, of religion, the arts and sciences - Punishment of crimes against the inhabitants of hostile countries.31-47 Section III. Deserters - Prisoners of war - Hostages - Booty on the battlefield.48-80 Section IV. Partisans - Armed enemies not belonging to the hostile army - Scouts- Armed prowlers - War-rebels.81-85 Section V. Safe-conduct - Spies - War-traitors - Captured messengers - Abuse of the flag of truce.86-104 Section VI. Exchange of prisoners - Flags of truce - Flags of protection105-118 Section VII. The Parole119-134 Section VIII. Armistice - Capitulation135-147 Section IX. Assassination148 Section X. Insurrection - Civil War - Rebellion149-157
Martial Law - Military jurisdiction - Military necessity - Retaliation Article 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.
The presence of a hostile army proclaims its Martial Law.
Art. 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.
Art. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.
The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.
Art. 4. Martial Law is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not Martial Law: it is the abuse of the power which that law confers. As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity - virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.