Moral principle vs. military necessity: the first code of conduct during warfare, created by a Civil War-era Prussian immigrant, reflected ambiguities we struggle with to this day.('Lieber's Code')

American Scholar | January 1, 2008| | Copyright

During the hot and desperate summer of 1862, a senior American commander found himself consumed with the question of insurgents. Major General Henry Halleck had become general-in-chief of the Union armies in July of that year, and he soon discovered that the army had no laws or regulations to govern its contacts with the bands of irregular Southern forces in the field. A lawyer by training, Halleck found the absence of guidance maddening. Union troops were encountering an array of rebel forces, some uniformed, some not. "The rebel authorities claim the fight to send men, in ...

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