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.The full article is available for download here, at SSRN.
*For those unfamiliar with the International Review of the Red Cross, here's the description on the journal's website:
It is a forum for debate on international humanitarian law and humanitarian action and policy, during armed conflict and other situations of violence. It is dedicated to governments, international governmental and non-governmental organisations, universities, the media and all those interested in humanitarian issues at large.The journal is published quarterly by the International Committee of the Red Cross (ICRC) and Cambridge University Press. Articles are peer-reviewed.
