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Lincoln’s Code: The Laws of War in American History. By John Fabian Witt. New York, London: Free Press, 2012. Pp. viii, 498. Index. $32.

Published online by Cambridge University Press:  20 January 2017

Gary D. Solis
Gary D. Solis*
Affiliation:
Georgetown University Law Center
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Type
Recent Books on International Law
Information
American Journal of International Law , Volume 107 , Issue 1 , January 2013 , pp. 279 - 284
Copyright
Copyright © American Society of International Law 2013

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References

1 Geneva Convention for the Amelioration of the Condition of the Sick and Wounded of Armies in the Field, Aug. 22, 1864, reprinted in 1 Ajil Supp. 90 (1907).

2 Joshua E. Kastenberg, Law Inwar, War As Law: Brigadier General Joseph Holt and The Judge Advocate General’s Department In The Civil War 40 (2011).

3 Telford Taylor, Foreword to I The Law of War: A Documentary History xviii–xviii (Leon Friedman ed., 1972) (footnotes omitted).

4 U.S. War Dep’t, Instructions for the Government of the Armies of the United States in the Field by Order of the Secretary of War, General Orders No. 100 (Apr. 24, 1863), available at http://www.icrc.org/ihl.nsf/FULL/110.

5 Carnahan, Burrus M., Lincoln, Lieber and the Laws of War: The Origins and Limits of the Principle of Military Necessity, 92 AJIL 213, 223 (1998)CrossRefGoogle Scholar (“Following precedents from the American Revolution,... the Confederate government confiscated, as enemy property, all debts owed by persons in its territory to creditors in federal territory, and directed that payment be made to the Confederate treasury.”).

6 Hague Convention (IV) Respecting the Laws and Customs of WaronLand, Oct.18, 1907, 36 Stat. 2277, 1 Bevans 631 [hereinafter Hague Convention IV].

7 Morris Greenspan, The Modern Law of Land Warfare 4 (1959).

8 William Winthrop, Military Law and Precedents 42, para. 44 (2d ed. 1920).

9 Article 3 of the Annex to Hague Convention IV, supra note 6, imposes responsibility “for all acts committed by persons forming part of its armed forces” in violation of the Convention, and, “if the case demands, [the state of the offender shall] be liable to pay compensation.” Personal criminal responsibility would have to wait for the post-World War II International Military Tribunal at Nuremberg.