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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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.
Military Necessity Clause
- The Lieber Code, while groundbreaking, had limitations due to its "military necessity" clause.
- This allowed for sidestepping guidelines if deemed necessary for military advantage.
Hague Conventions and WWI
- The Hague Conventions, influenced by the Lieber Code, set international rules for warfare conduct before World War I.
- Germany, however, largely objected, citing military necessity, and later committed numerous war crimes during the war.