Jus in bello européen avant le Code Lieber: Ordonnances et Articles de Guerre de 866 à 1863

Heuser, B. (2019) Jus in bello européen avant le Code Lieber: Ordonnances et Articles de Guerre de 866 à 1863. Annuaire Français de Relations Internationales, 20, pp. 663-682.

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Publisher's URL: http://www.afri-ct.org/afri/volume/


Key textbooks and reference works on International Humanitarian Law treat it as though it had not existed before the American Lieber Code, a set of ordinances for conduct in war, was adopted unilaterally in 1863. The Lieber Code, however, was only one in a series of such ordinances which can be traced back in Europe to the 9th century. These were indeed established norms and traditions, as the application of the four criteria listed by the Statute of the International Court of Justice show: they were applied by (here: military) tribunals and other law courts; they were treated as customary law (defined there as “international custom, as evidence of a general practice accepted as law”); they were seen as “general principles of law recognized by civilized nations”; and finally, they were discussed in “judicial decisions and [in] the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” International Humanitarian Law thus has its roots in Europe, and has a far longer pedigree than is generally assumed.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Heuser, Professor Beatrice
Authors: Heuser, B.
Subjects:K Law > KZ Law of Nations
College/School:College of Social Sciences > School of Social and Political Sciences > Politics
Journal Name:Annuaire Français de Relations Internationales
Journal Abbr.:AFRI
Publisher:Université Panthéon Assas, Centre Thucydide

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