(#23) Q1 - Module E: Sherman's March (Military Tradition and Rules of War) ACTIVITY
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Posljednje ažuriranje over 4 years ago
11
One of Lieber’s most significant achievements was clarifying the legal concept of “military necessity.” While earlier books on international law had vaguely called for only the use of “necessary” force in war, the Lieber Code gave the following detailed guidance on what this legal principle did and did not permit:
Art. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Art. 15. Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God.
Art. 16. Military necessity does not admit of cruelty - that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions.
It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult.
According to Article 15, "military necessity" allows a soldier to kill an armed enemy.
According to Article 15, a soldier would be punished if they accidentally killed a civilian while they were trying to kill an armed enemy.
According to Article 15, it is illegal to capture any enemy during wartime.
According to Article 15, soldiers are allowed to destroy property and all means of transportation and communication.
According to Article 15, soldiers are never allowed to withhold sustenance (food) from the enemy.
According to Article 16, "military necessity" means soldiers can do anything they want, even if it is cruel.
According to Article 16, soldiers are allowed to torture the enemy to get them to confess.
According to Article 16, soldiers are not allowed to harm the enemy for the sole purpose of seeking revenge.
According to Article 16, armies are not allowed to use poison against the enemy.