Editing Lieber Code (section)

===Hard measures===
[[File:CarlvonClausewitz.jpg|thumb|right|The Prussian military theoretician Carl von Clausewitz in uniform]]
Regarding a successful military occupation, the Lieber Code proposed a reciprocal relationship between the U.S. military authority and the Confederate civilian population, whose co-operation with the military authority would ensure considerations and good treatment for the civilian populace; that against guerrilla warfare and armed resistance to [[martial law]] the Union Army would subject the insubordinate enemy civilians to imprisonment and death.<ref>{{cite journal | last= Birtle |first=Andrew J. | title=The U.S. Army's Pacification of Marinduque, Philippine Islands, April 1900 – April 1901 | journal= The Journal of Military History | date= April 1997| volume=61 | issue= 2| pages=255–282 | jstor= 2953967 | publisher= Society for Military History | doi=10.2307/2953967 }}</ref>

Moreover, to defend against the Confederate Army's violations of the laws of war by way of irregular fighters, the Lieber Code allowed [[reprisal|retaliation]] by musketry against Confederate POWs, and allowed the summary execution of captured enemy civilians (spies, saboteurs, ''[[francs-tireurs]]'', guerrillas) caught attacking the Union Army and the United States.<ref>articles 27, 28, and 29, Section I: "Martial Law—Military Jurisdiction—Military Necessity—Retaliation", ''Instructions for the Government of Armies of the United States in the Field'' (1863)</ref>

In the 19th century, the Lieber Code legalized limited circumstances for retaliation against enemies for acts such as giving no quarter, reasoning "a reckless enemy ... leaves to his opponent no other means of securing himself against the repetition of barbarous outrage." (article 27) "Retaliation shall only be resorted to after careful inquiry into the real occurrence, and the character of the misdeeds that may demand retribution."(article 28)

However, retribution is limited: "Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages."(article 28)

As he believed war's ultimate goal is to bring peace, Lieber preferred for short wars fought and won with decisive warfare, as proposed in the strategy and tactics of the Prussian military science of [[Carl von Clausewitz]]. To that end, the Lieber Code legitimized and justified aggressive war to expand the operational range of the Union Army’s prosecution of the civil war to conquer the Confederacy and free the slaves.<ref>The Lieber Codes (April 24, 2013), ''The New York Times'', p. 2.</ref><ref>{{cite web|url=http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e2126|title=Lieber Code|publisher=Oxford Public International Law|access-date=November 9, 2017}}</ref>