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Lieber Code
The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order № 100,〔 via Internet Archive〕〔The Lieber Code can also be found in US War Department, ''The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies,'' (Washington, D.C.: Government Printing Office, 1899), Series III, Volume 3, pp 148-164.〕 or Lieber Instructions, was an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War that dictated how soldiers should conduct themselves in wartime. Its name reflects its author, the German-American legal scholar and political philosopher Franz Lieber.
==Historical background==
Lieber had fought for Prussia in the Napoleonic Wars and had been wounded at the Battle of Waterloo. He had lived and taught for two decades in South Carolina, and he saw the effects of and opposed slavery. Beginning in October 1861, as professor of history and political science at what became Columbia University, Lieber delivered a series of lectures at the new Law School entitled "The Laws and Usages of War." He believed the methods used in war needed to align with the goals and that the means had to justify the ends, and he published the lectures as "International Law, or, Rules Regulating the Intercourse of States in Peace and War."〔Beard, Rick. (The Lieber Codes ) ''New York Times'', April 24, 2013.〕
During the American Civil War, soldiers were faced with a number of ethical dilemmas. Lieber knew about some from his own European wartime experiences, as well as through his sons (two of whom fought for the Union, and another died fighting for the Confederacy near Williamsburg). While in St. Louis searching for one of his sons, who had been wounded at Fort Donelson, Lieber met Union General Henry Halleck, who had been a lawyer in civilian life. As the war dragged on, the treatment of spies, guerrilla warriors and civilian sympathizers became especially troublesome. So too was the treatment of escaped slaves, who were forbidden to return to their owners by an order of March 13, 1862. After Halleck became general-in-chief in July, 1862, he solicited Lieber's views. The professor responded with a report, "Guerilla Parties Considered With Reference to the Laws and Usages of War," and Halleck ordered 5000 copies printed.〔http://archive.org/stream/guerrillaparties00lieb#page/n5/mode/2up〕 That same summer, Lieber advised Secretary of War Edwin Stanton concerning the "military use of colored persons."
By year's end, Halleck and Stanton invited Lieber to Washington to revise the 1806 Articles of War. Other members of the revision committee included Major Generals Ethan Allen Hitchcock, George Cadwalader, and George L. Hartsuff, and Brigadier General John Henry Martindale, but essentially Lieber was left to draft instructions for Union soldiers facing these situations. Halleck edited them to ensure nothing conflicted with Lincoln's Emancipation Proclamation. Then Lincoln issued them in April, 1863.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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