Throughline The Rules of War
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May 30, 2024 From ancient Egyptian myths to modern international courts, this podcast explores the evolution of defining and prosecuting war crimes. It delves into the complexities of holding officials like Putin and Netanyahu accountable, traces the history of the Hague, and reflects on the challenges faced by the International Criminal Court in pursuing justice.
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Quantrill's Raid
- During the US Civil War, Confederate guerillas attacked Lawrence, Kansas, killing civilians and burning the town.
- This raised the question of whether to treat guerilla fighters as soldiers or criminals.
Lieber's Distinction
- The Union Army, facing the dilemma of how to treat guerilla fighters, consulted law professor Francis Lieber.
- Lieber distinguished between partisans, who were protected, and guerillas who were not.
The Lieber Code
- Francis Lieber, after advising on guerilla fighters, was tasked with revising the rules of warfare for the entire Union Army.
- This resulted in the Lieber Code, the first modern legal framework for conduct in war.