Editing Lieber Code (section)

===Ethical warfare===
As the [[Modernity|modernization]] of the 1806 Articles of War (An Act for Establishing Rules and Articles for the Government of the Armies of the United States), the Lieber Code defines and describes what is a state of [[civil war]], what is [[military occupation]], and explains the politico-military purposes of war; explains what are the permissible and the impermissible military means an army can employ to fight and win a war; and defines and describes the nature of the [[nation-state]], the nature of national [[sovereignty]], and what is [[rebellion]].<ref>articles 149, 150, and 151, Section X: Insurrection—Civil War—Rebellion, ''Instructions for the Government of Armies of the United States in the Field'' (1863) </ref>
{{Jus in bello}}
The Code requires the humane, ethical treatment of civil populations under the military occupation of the Union Army, and forbids the [[No quarter|policy of killing prisoners of war]] – except when taking prisoners endangers the capturing unit.<ref>Article 60, Section III, ''Instructions for the Government of the Armies of the United States in the Field'' (1863).</ref> Moreover, concerning the ethics of fighting a [[civil war]], Article 70, Section III stipulates that "the use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war."<ref>Article 70, Section III, ''Instructions for the Government of the Armies of the United States in the Field'' (1863).</ref>

The Code forbids [[torture]] as warfare; thus Article 44, Section II prohibits "all wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. A soldier, officer, or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior."<ref>{{Cite web |url=http://www.civilwarhome.com/liebercode.htm |title=The Lieber Code of 1863 |first=Francis |last=Lieber |publisher=United States War Department |date=April 24, 1863 |access-date=10 March 2020|archive-url=https://web.archive.org/web/20010407120840/http://www.civilwarhome.com/liebercode.htm |archive-date=2001-04-07 }}</ref><ref name="Kuo 2002 306">{{cite journal|last=Kuo|first=Peggy|url=https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1467&context=jil|title=Prosecuting Crimes of Sexual Violence in an International Tribunal|journal=Case Western Reserve Journal of International Law|year=2002|volume=34|pages=306–307|quote=[military commanders were] given the power to execute a soldier immediately if that person committed one of the prohibited acts.}}</ref>