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J.C. Bluntschli’s Contribution to the Law of War

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Chapter Summary

The contribution of Johann Caspar Bluntschli to the law of war (or international humanitarian law) in the early years of codification has largely fallen into oblivion. Before examining Bluntschli's activities following the publication of the Lieber code and his contact with Lieber, this chapter discusses Bluntschli's earlier stages of life. Lieber and Bluntschli shared the same views with regard to the law of war, although they had clearly different backgrounds. The most obvious difference between Lieber and Bluntschli codes lies in the fact that Lieber's code is restricted to the law of land warfare, while Bluntschli's code deals with the whole gamut of international law including the law of peace and those parts of the law of war that Lieber had omitted, such as naval warfare and neutrality which had no relevance for the armed forces in the American Civil War.

Keywords: Bluntschli code; international law; Johann Caspar Bluntschli; Law of war; Lieber code



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