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• General Report of the Commission of Jurists to Consider and Report upon the Revisionof the Rules of Warfare, Feb. 19, 1923 (1923 Hague Air and Radio Rules). 55• Geneva Convention Amelioration of the Condition of the Wounded and Sick of Armiesin the Field of July 27, 1929 (1929 GWS). 56• Geneva Convention Relative to the Treatment of Prisoners of War of July 27, 1929 (1929GPW). 5719.3 LIEBER CODEGeneral Order No. 100, Instructions for the Government of Armies of the United Statesin the Field, 1863, issued on April 24, 1863, is often called the “Lieber Code” because it wasprepared by Francis Lieber. 58 It is an early example of the law of war being implementedthrough military instructions or regulations. 59The Lieber Code was the first comprehensive publication on the law of war for U.S.armed forces and is regarded as an important work of historical significance in the law of war. 60The Lieber Code established rules governing martial law, military jurisdiction, thetreatment of spies and deserters, and the treatment of POWs. Many key law of war principles,such as the principle of military necessity, were codified in the Lieber Code. 61 However, parts of54 Refer to § 19.10 (1922 Washington Treaty on Submarines and Noxious Gases).55 Refer to § 19.11 (1923 Hague Air and Radio Rules).56 Refer to § 19.13.1 (1929 GWS).57 Refer to § 19.13.2 (1929 GPW).58 E. D. Townsend, Assistant Adjutant General, General Orders No. 100, Instructions for the Government of Armiesof the United States in the Field, Apr. 24, 1863, reprinted in INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OFTHE UNITED STATES IN THE FIELD, 2 (Government Printing Office, 1898) (“The following ‘Instructions for theGovernment of Armies of the United States in the Field,’ prepared by Francis Lieber, L.L.D., and revised by a Boardof Officers, of which Major General E.A. Hitchcock is president, having been approved by the President of theUnited States, he commands that they be published for the information of all concerned.”).59 Refer to § 18.7 (Instructions, Regulations, and Procedures to Implement and Enforce the Law of War).60 See, e.g., Kononov v. Latvia, European Court of Human Rights, App. No. 36376/04, 63 (May 17, 2010) (“TheLieber Code 1863 is regarded as the first attempt to codify the laws and customs of war. Although only applicableto American forces, it represented a summary of the laws and customs of war existing at the time and was influentialin later codifications.”); Elihu Root, Francis Lieber, 7 AJIL 453, 457 (1913) (“In the Brussels Conference of 1874,convened at the instance of the Emperor of Russia for the purpose of codifying the laws and customs of war, theRussian delegate, Baron Jomini, as president of the conference, declared that the project of an internationalconvention then presented had its origin in the rules of President Lincoln. The convention agreed upon at Brusselswas not ratified, but in 1880 the Institute of International Law made the work of the Brussels Conference and thework of Lieber, which so far as it was of general application was incorporated in that convention, the basis of amanual of the laws of war upon land; and finally, in The Hague Conferences of 1899 and 1907, the conventions withrespect to the laws and customs of war on land gave the adherence of the whole civilized world in substance andeffect to those international rules which President Lincoln made binding upon the American armies fifty yearsago.”).61 Refer to § 2.2 (Military Necessity).1138

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