10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

the Lieber Code reflect 19th century understandings of the law of war that have been modifiedby treaties that the United States has ratified or by subsequent customary international law. Forexample, the Lieber Code permitted the denial of quarter in certain circumstances. 62 However,denying quarter in those circumstances is no longer acceptable. 63The Lieber Code was prepared during the Civil War. The Confederate forces agreed withsome provisions of the Lieber Code, but disagreed with others. 64The Lieber Code reflected rules for “regular war” or what today would be classified asinternational armed conflict. Such rules were applied to the Confederate forces for humanitarianreasons, even though the United States did not recognize the Confederacy as a legitimategovernment or State. 65 In this way, the Lieber Code is an example of the application of thedoctrine of recognition of belligerency. 6619.4 1856 PARIS DECLARATION RESPECTING MARITIME LAWThe 1856 Paris Declaration respecting Maritime Law is an early multilateral law of wartreaty that was intended to be open to accession by all States, including States that did notparticipate in its negotiation. 67 This treaty illustrates how law of war treaties may be writtenwith a view towards being able to be accepted and applied by all States.The United States is not a Party to the 1856 Paris Declaration. The 1856 ParisDeclaration’s provision that blockades must be effective in order to be binding reflectscustomary international law. 6862 LIEBER CODE art. 61 (“All troops of the enemy known or discovered to give no quarter in general, or to anyportion of the army, receive none.”).63 Refer to § 5.5.7 (Prohibition Against Declaring That No Quarter Be Given).64 James A. Seddon, Letter to Robert Ould, Jun. 24, 1863, reprinted in FRED C. AINSWORTH & JOSEPH W. KIRKLEY,VI THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL RECORDS OF THE UNION AND CONFEDERATEARMIES, SERIES II, 41 (1899) (“Order No. 100 is a confused, unassorted, and undiscriminating compilation from theopinion of the publicists of the last two centuries, some of which are obsolete, others repudiated; and a militarycommander under this code may pursue a line of conduct in accordance with principles of justice, faith, and honor,or he may justify conduct correspondent with the warfare of the barbarous hordes who overran the Roman Empire,or who, in the Middle Ages, devastated the continent of Asia and menaced the civilization of Europe.”).65 Refer to § 17.2.3 (Application of Humanitarian Rules and the Legal Status of the Parties to the Conflict).66 Refer to § 3.3.3.2 (Assertion of War Powers by a State Engaged in Hostilities Against a Non-State Armed Group).67 Declaration respecting maritime law signed by the Plenipotentiaries of Great Britain, Austria, France, Prussia,Russia, Sardinia, and Turkey, assembled in Congress at Paris, Apr. 16, 1856, reprinted in 1 AJIL SUPPLEMENT:OFFICIAL DOCUMENTS 89 (1907) (“The Governments of the undersigned Plenipotentiaries engage to bring thepresent Declaration to the knowledge of the states which have not taken part in the Congress of Paris, and to invitethem to accede to it. Convinced that the maxims which they now proclaim cannot but be received with gratitude bythe whole world, the undersigned Plenipotentiaries doubt not that the efforts of their governments to obtain thegeneral adoption thereof will be crowned with full success.”).68 Refer to § 13.10.2.3 (Effectiveness of the Blockade).1139

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!