{"title":"The Terminology of the Law of Warfare: a Linguistic Analysis of State Practice","authors":"E. Crawford, Annabelle Lukin, Jacqueline Mowbray","doi":"10.1163/18781527-bja10080","DOIUrl":null,"url":null,"abstract":"\nThe body of international law that regulates the conduct of armed conflicts has been known, at various points in time, as the law of war, the law of armed conflict, and international humanitarian law. While ‘the law of war’ was a term widely used in State practice throughout the 18th and 19th centuries, both ‘the law of armed conflict’ and ‘international humanitarian law’ were terms introduced in the 20th century by one organisation: the International Committee of the Red Cross. In this paper, we use international law and corpus linguistic tools in a pilot study, examining how the terms were first introduced into international law and how quickly they were incorporated (if at all) into the practice of States. Using the ongoing conflict involving Israel and its neighbours, this pilot study charts the appearance and recurrence of these terms in the practice of States in the United Nations to examine how the terms were received and used. We conclude by offering some initial assessments, noting that, while the terms were largely considered unproblematic at their introduction, practice in relation to their deployment suggests deep tensions regarding the nature and purpose of the law and how and when it applies.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-bja10080","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The body of international law that regulates the conduct of armed conflicts has been known, at various points in time, as the law of war, the law of armed conflict, and international humanitarian law. While ‘the law of war’ was a term widely used in State practice throughout the 18th and 19th centuries, both ‘the law of armed conflict’ and ‘international humanitarian law’ were terms introduced in the 20th century by one organisation: the International Committee of the Red Cross. In this paper, we use international law and corpus linguistic tools in a pilot study, examining how the terms were first introduced into international law and how quickly they were incorporated (if at all) into the practice of States. Using the ongoing conflict involving Israel and its neighbours, this pilot study charts the appearance and recurrence of these terms in the practice of States in the United Nations to examine how the terms were received and used. We conclude by offering some initial assessments, noting that, while the terms were largely considered unproblematic at their introduction, practice in relation to their deployment suggests deep tensions regarding the nature and purpose of the law and how and when it applies.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.