In the American Scholar, David Bosco traces the roots of today’s Geneva Conventions to “Lieber’s Code” adopted by the US Army during the American Civil War from a paper on the treatment of insurgents and guerillas by Francis Leiber (1798-1872) a professor at Columbia University.

Unfortunately, the prospects for another “Lieber moment” appear slim. Many American leaders feel estranged from recent developments in international humanitarian and criminal law. The bewildering network of international conventions, courts, and commissions that is so inspiring to activists often appears menacing to those officials responsible for security policy. The ICC’s birth, for example, occasioned far more handwringing than applause in the Pentagon and the State Department. The pride Lieber felt about being part of the international effort at codification has all but dissipated in government circles.

This change of tone and tactics has much to do with the geometry of power. Lieber’s United States was weak, divided, and struggling to assure foreign observers that it could contribute to the civilizing goals of international law. Today’s United States has unparalleled power, and the international law that once signified membership in a rarefied club now threatens to hinder its freedom of action. Lieber also operated in a simpler legal age. His code, we should not forget, was a unilateral declaration; it was not negotiated with the Confederacy, let alone the rest of the world. The prospect today of amending the international rules governing warfare via negotiations with dozens of countries—some of them hostile—is daunting.

Yet the unwillingness to take up the task has had painful consequences. As the United States conducts its global campaign against terrorism, the Bush administration has often preferred to operate in the murky spaces between vague provisions of existing law. Bush officials have sometimes grumbled about the inadequacy of the existing framework but have proffered little to take its place. The effect on American legitimacy and reputation has been grievous; many foreigners, including close allies, have concluded that the world’s superpower now operates outside the law.

Thanks to Karen Myers.

Sgt. Henry Wood (1841-1910) first served in the 14th Virgina Infantry; but was quickly transfered to the 18th Virginia Infantry, Pickett’s Brigade, in which he fought in the battles of First Manassas (1861), Williamsburg (1862), and Seven Pines (1862), where he was wounded in the leg. In 1864, he returned to service with the Fluvanna Light Artillery, fighting under Jubal Early in the Shenandoah Valley Campaign of 1864 in the Third Battle of Winchester, and in the battles of Fisher’s Hill, and Cedar Creek.

He acquired the pistol he wears in the photograph from a Yankee major he captured along with six privates at Cedar Creek, October 19, 1864.

AFP:

The war in Iraq “is lost” and a US troop surge is failing to bring peace to the country, the leader of the Democratic majority in the US Congress, Harry Reid, said Thursday.

“I believe … that this war is lost, and this surge is not accomplishing anything, as is shown by the extreme violence in Iraq this week,” Reid said, on the same day US President George W. Bush was giving a speech at an Ohio town hall meeting defending the war on terror.

At the First Battle of Manassas, it is reported that General Barnard Bee, whose troops were beginning to break under the attack of superior Union forces, informed General Thomas Jonathan Jackson, “General, sir, the day is going against us,” to which Jackson replied: “If you think so, sir, you had better not say anything about it.”

Jackson kept his brigade standing there steady (like a stone wall), then attacked with the bayonet and won the day.

If Harry Reid had been commanding the First Virginia Brigade at the First Battle of Manassas, the American Civil War would have been very short.