(Exploration 3A: Identifying violations of IHL)
Civil War Exploration 3A- Civil War Prison Camps, Human Dignity, and the
Lieber Code: Identifying what went right and what went wrong.
In Civil War Exploration 2A, students explored why rules are needed to regulate armed
conflict. They also learned about the basic rules of the Lieber Code and explored the
consequences for victims when these rules are violated.
In Module 3, students go on to consider why people violate the laws of war, and who
bears the responsibility for ensuring that the rules are respected.
Using statements from the journals of 2 soldiers who fought in combat but finished the
Civil War in captivity as POWs, Civil War Exploration 3A prompts students to identify
violations of the Lieber Code as well as standards of human dignity and to reflect on the
reasons given for those violations. Students trace the way in which one violation can set
off a chain reaction and brainstorm ways to prevent or to limit such violations.
OBJECTIVES
• to be able to identify violations of the Lieber Code and basic standards of human
dignity
 to be able to identify the basic needs of POWs
 to be able to identify how POWs and their Captors have great influence over each
other.
• to recognize examples of the way in which one violation leads to another
3A TEACHER RESOURCES
All of the dilemma scenarios in this Exploration may be set into the context of the
General Teacher Resources introduced in Exploration 3A: Civil War POW Camp Map,
Civil War POW Camp Population Table, Civil War POW Camp Timeline, and Planning
a Civil War POW Camp Report. These together serve as background to the dilemma
stories in this Exploration.
Also, the Lieber Code Basic Rules Student Resource is again used here. Teacher
Background on the Lieber Code Basic Rules was provided with Civil War Exploration
2A on the Lieber Code.
3A STUDENT RESOURCES
3A.1 The Account of Confederate Private John R. King, POW at Elmira, New York
3A.2 The Account of Union Private Thomas Mann, POW at Andersonville, Georgia
3A.3 What are the basic rules of the Lieber Code.
3A.4 Worksheet: Which Lieber Code Rule Was Violated?
3A.5 Worksheet: EHL Interaction Sheet- Observations, Reactions, Questions
PREPARATION
Choose which passages (from the Accounts of John King and Thomas Mann) to use in
steps 1 and 2.
In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 5
(Role-playing), 7 (Writing and reflecting), 10 (Gathering stories and news) and the
material on teaching about consequences in teaching method 4 (Using dilemmas).
If possible, view the relevant chapter of the training film for teachers (Module 3).
TIME
One 45-minute session
The exploration
1. WHICH RULE OF IHL WAS VIOLATED? (15 minutes)
Divide the class into pairs of students, and assign two or three or more of the statements
from “The Accounts of John King or Thomas Mann” to each pair. 3A.1, 3A.2 STUDENT
RESOURCES
Instruct the students to identify the various violations of Basic Rules of the Lieber Code
contained in each statement, using “What are the Basic Rules of the Lieber Code?”. 3A.3
STUDENT RESOURCES
Students may also identify anything else that they consider to be a basic violation of their
sense of human dignity as well as those instances where the Lieber Code or human
dignity was upheld. Individually they should note their reactions on their EHL
Interaction worksheet during discussions with their partner. 3A.5 STUDENT
RESOURCES
Ask them to record their answers in ‘Chart A’ on the worksheet, “Which rule of IHL
was violated?”. 3A.4 STUDENT RESOURCES
Also, have students study the statements assigned to them and find the reasons that
people give, or the reasons that they can imagine these people giving, for violating a
particular rule.
Have the class then examine together what the various reasons or explanations given by
people have in common. One way to do this might be to group similar-sounding
explanations together, by category.
[For example: for security, for military advantage, obeying unlawful orders from
commanders, the belief that civilians are aiding the enemy, because the other side did it,
for revenge, out of using desperation or other emotions, lack of resources, because they
did not know the law]
2. HOW ONE VIOLATION LEADS TO ANOTHER (15 minutes)
Ask the class to find statements that show a link between one violation, and another that
is a consequence of it.
Have pairs or combined pairs of students discuss violations of the Lieber Code that lead
to more violations and ask them to fill in the appropriate columns in ‘Chart B’ on the
worksheet. 3A.4 STUDENT RESOURCES
Have students also indicate the Lieber Code Rules that were violated.
[For example: when one side cuts back on rations or clothing given to the POWs that it is
keeping in retaliation for news that its own POWs held by the enemy are suffering from
neglect- for whatever reason.]
Have students report on the chains of consequences that they have identified.
3. CAN WE PREVENT VIOLATIONS OR LIMIT THEIR CONSEQUENCES? (10
minutes)
Have the class choose one specific violation to work on as a group. Then have them
brainstorm ways to prevent that violation or to limit its consequences.
When a list has been developed, have students evaluate their suggestions.
Possible questions:
> What consequences is each suggestion likely to have? What, in turn, would each of
those consequences lead to?
> Do you think that governments and those fighting would accept your suggestions? Why
or why not? How would you ensure their implementation? [For example: giving orders,
training, monitoring, disciplining, punishing, making laws]
4. CLOSE (5 minutes)
Discuss:
• Can you think of examples from the news of situations of escalating violence or
increasing suffering?
• Have you ever been in a situation where you have observed one harmful act
leading to another or one helpful act leading to another?
• What are your questions?
KEY IDEAS
• Violations of the laws of war often set off a chain reaction, leading to further
violations.
• People give various reasons for the violations of the laws of war that take place.
• There are several ways to prevent violations of the laws of war and to limit their
consequences.
• POWs and their Captors both have responsibilities for the humanitarian
conditions that exist in Prisoner of War Camps
•
Both Northern and Southern POW Camps had problems that could have been
avoided, but also had successes where the treatment of POWs was greatly
improved.
Possible Extension activities
COMMUNICATION
Write a paper about the violation of Lieber Code Basic Rules that your class chose to
work on as a group. In your paper evaluate some of the suggestions made by your class to
prevent such violations or to limit their consequences.
OR
Make drawings to illustrate the violation.
OR
Make posters to promote the suggestions made by your class.
ROLE PLAY
Read more of the accounts of John King and Thomas Mann and take upon roles to act out
the following situationsCongressional Committee Hearing where one, or both of the prisoners is called before
Congress to testify to their experiences to help update the Lieber Code, legislate
reparations, issue indictments, or provide lessons learned guidance for Reconstruction
efforts.
Newpaper / Television/ Radio Interview where one or both of the prisoners is
interviewed by a reporter.
Reunion Meeting- Both John King and Thomas Mann were captured at the Battles of the
Wilderness… and after the Civil War many reunions were held by soldiers from both
sides of a battle to help put the war behind them. Imagine that John King and Thomas
Mann had chance to meet- and after comparing their battle experiences started to talk
about their experiences as POW
Letters Home- Letters to the Authorities- Writing as John King or Thomas Mann,
write a letter home or to anyone in authority on either side that describes your situation
and experiences at Andersonville or Elmira. What could you write that would get past
the censors to reassure loved ones, tell the truth, invite help for you and your fellow
prisoners ?
Mock Trial- Many outside resources are available to support a Mock Trial of Captain
Henry Wirz, the Commandant of Andersonville, but it wouldn’t be hard to create roles
and gather further information to conduct mock trials of others involved in the suffering
at Andersonville or Elmira. Who could be brought to trial ? What would the charges be?
What evidence could be produced in support of the prosecution and defense ? Who could
be called as a witness to testify on either side ?
CHAINS OF CONSEQUENCES
Select a violation of Lieber Code Basic Rules discovered through the accounts of John
King or Thomas Mann and make a diagram of the chains of consequences that the
violation could create. Some consequences might result in many other chains of
consequences.
DEBATE
Conduct a debate on the following statement: A law that is often broken is better than no
law at all.
Assemble two teams – one to argue in favour of the statement and one to argue against it
– and a team of judges. Teams should review their class notes and other useful resources,
such as books, periodicals and the news (newspapers, radio, television). Each team
should prepare the following:
• a five-minute presentation;
• a list of points that they think the other team will make against their position;
• their responses to those points.
[The following ideas might be of help: the effect of often disrespecting laws, examples of
laws other than IHL that are often broken yet valued, the history of the acceptance of
laws over time, the value of a law as an ideal, the alternatives to law]
During the time allotted for planning, a third judging team should work out the criteria
for judging the debate.
Conduct the debate.
At the conclusion of the debate, the judges should summarize the points they have heard.
Then they should announce their decision and give reasons for it.
Then, discuss the following questions:
> How do you think your debate applies to rules of War?
> Are there other examples of rules that are valued even though they are often broken?
[For example: religious laws, social customs]
OR
Debate the pros and cons of this statement by a teacher in Nigeria: Since there is a law
that forbids the army from killing civilians, there should be a law that forbids civilians
from helping the army.
While preparing your positions, consider the following points:
• the consequences of your position;
• how to define what constitutes ‘helping’ soldiers.
The law sets up dykes against the incoming tide. And the tide never goes out for long. It
exerts pressure, it threatens, it breaks through at the first opportunity. Sometimes, it
sweeps away the dyke. And there stands our law, violated and ineffective. That is its fate.
Anyone who thinks that the only true law is one which is fully respected must be living in
another world.
– Denys de Béchillon, professor
RESOURCESSee the Student Resources as well as the compiled list of resources on the Wikispace.
This could also be a place to list outside resources to support further research and
simulation such as the Andersonville Prison Camp Mock Trial included in
Justice and Dissent- Ready to Use Materials for Recreating Five Great Trials in American
History by Gary Parker Schoales
The Center for Applied Research in Education, West Nyack, NY, 1995
ISBN:0-87628-752-6