Throughline War Crimes
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May 22, 2025 Michael Bryant, a historian and legal studies professor, and David Bosco, author and expert on the International Criminal Court, dive deep into the evolution of war crimes and accountability. They trace war crimes from the U.S. Civil War to the Nuremberg Trials and beyond. The conversation highlights the complexities of international law and the challenges of prosecuting atrocities. They also discuss the significance of The Hague and the ongoing relationship between the U.S. and the ICC amid global power dynamics.
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Lawrence Massacre Guerrilla Attack
- The Lawrence Massacre in 1863 saw Confederate guerrillas attack civilians in an abolitionist town.
- Union forces struggled with how to classify irregular fighters as either soldiers or criminals.
Lieber Code's Warfighter Distinction
- The Lieber Code distinguished between partisans with formal armies and guerrillas without uniforms.
- It granted legal protections to the former but allowed harsh treatment of the latter.
Lieber Code's Lasting Impact
- The Lieber Code was the first comprehensive legal framework for war conduct, influencing later treaties.
- It balanced legal constraints with allowances for military necessity, sometimes enabling wartime abuses.