The Terminology of the Law of Warfare: a Linguistic Analysis of State Practice

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.