Law of war

Lore & Background

The law of war has ancient origins, with the first written rules often traced to the Laws of Manu (c. 200 B.C.–200 A.D.) or the Hebrew Bible (e.g., Deuteronomy 20), not the Code of Hammurabi. Religious frameworks also contributed: in the early 7th century, the first Caliph Abu Bakr laid down rules against mutilating corpses, killing children, women, and the elderly, and harming trees or enemy animals. Augustine of Hippo wrote on 'just war' doctrine, explaining when war could be morally justified. In 697, Adomnan of Iona gathered kings and church leaders to establish the 'Law of the Innocents,' banning killing women and children in war and destroying churches.

Reader's Guide

The law of war is significant because it provides a legal framework to limit the destructiveness of armed conflict, balancing military necessity with humanitarian concerns. It evolved from ancient codes and religious teachings into a formal system of treaties and customary law, particularly during the 19th and 20th centuries. The Nuremberg trials affirmed that widely accepted treaties, such as the Hague Convention of 1907, had become part of customary international law, binding even on non-signatories. The law's three principal sources—lawmaking treaties, custom, and general principles—ensure its ongoing relevance. Interpretations of international humanitarian law change over time, as seen in debates over weapons like depleted uranium projectiles, which may eventually be considered violations of general principles. The law remains distinct from domestic law and applies differently to international versus internal armed conflicts.

Did You Know?

• The Treaty of Armistice and Regularization of War signed in 1820 between Simón Bolívar and Pablo Morillo is a precursor of International Humanitarian Law.
• The Nuremberg trials held that the Hague Convention of 1907 was part of customary laws of war, binding on all parties.
• Carla Del Ponte noted in 2001 that there is no specific treaty ban on depleted uranium projectiles, but future consensus might view them as violating general principles.

Origins and Institutional Roots

The International & Comparative Law Quarterly traces its lineage to a 1952 founding, emerging not as a single new venture but as the product of a consolidation between two predecessor publications: the Journal of Comparative Legislation and International Law and The International Law Quarterly. This merger created a unified platform that would go on to shape discourse in a field spanning multiple branches of law. The journal is published on a quarterly schedule and is anchored by the British Institute of International and Comparative Law, which provides institutional backing and editorial infrastructure. The 1952 establishment placed the publication squarely in the post-war era of international legal development, a period when the architecture of international courts, human rights frameworks, and comparative legal scholarship was rapidly expanding. By combining two earlier titles into one, the editors signaled an ambition to serve both the comparative law community and the international law community under a single roof, a structural choice that has defined the journal's identity ever since.

Scope of Coverage

The journal's editorial purview is notably broad, encompassing both public and private international law alongside comparative law from jurisdictions worldwide. Within its pages, readers encounter treatment of human rights, war crimes, and genocide—subjects that sit at the intersection of moral philosophy and legal doctrine. The coverage extends further into the commercial and economic dimensions of international law, including World Trade Organization law and investment treaty arbitration. The journal also dedicates space to tracking recent developments in international courts and tribunals, ensuring that scholars stay current with evolving jurisprudence. Comparative public and private law from around the globe rounds out the scope, making the publication a resource that bridges doctrinal traditions across continents. This wide-ranging mandate means the journal serves not a single specialty but an entire ecosystem of legal inquiry, from the most abstract questions of sovereignty to the concrete mechanics of trade disputes.

Editorial Leadership and Publishing Structure

The journal operates under the stewardship of two key figures: Alex Mills, affiliated with University College London, who serves as editor-in-chief, and Anna Riddell-Roberts, who holds the role of Managing Editor at the British Institute of International and Comparative Law. This dual leadership structure pairs an academic voice from a major London university with the institutional expertise of the publishing body itself. The quarterly cadence of publication—four issues per year—positions the journal as a considered, in-depth resource rather than a rapid-response outlet. The British Institute of International and Comparative Law serves as both publisher and institutional home, lending the publication a distinctive British legal tradition while maintaining a genuinely global scope. The choice of a university-based editor-in-chief alongside an institute-based managing editor suggests a deliberate balance between scholarly rigor and professional editorial management, a pairing that has sustained the journal's output since its 1952 inception.

Content Format and Academic Role

Beyond its flagship longer articles, the journal incorporates book reviews as a regular component of each issue, creating a two-tier content structure that serves both deep scholarly analysis and broader academic conversation. The longer articles allow contributors to develop sustained arguments on complex topics ranging from genocide law to investment treaty interpretation, while the book reviews keep the community informed about the wider landscape of published scholarship. This format reflects the journal's role as a connective tissue within the international and comparative law community, where scholars not only present original research but also critically engage with the work of peers. The quarterly rhythm gives authors sufficient time to craft thorough pieces, and the review section ensures that the journal functions as a barometer of the field's intellectual currents. Together, these elements make the publication a multifaceted resource for anyone working at the intersection of domestic legal systems and the international order.