Related Special Features for "Lawfare in Theory and Practice"

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April 2013

International Law and the New World Order: Redefining Sovereignty
Some analysts complain that international law (IL) has been coopted and even ‘weaponized’ by state and private actors. Whether IL inexorably leads to Lawfare or not, Thomas McShane reminds us that it now competes with state sovereignty as THE organizing principal behind international relations. More on «International Law and the New World Order: Redefining Sovereignty»
What is Lawfare?
Today, Benjamin Wittes introduces us to the concept of Lawfare and explores its role in the growing “legalization of conflict.” Charles Dunlap then examines the concept in more depth, to include how the legal aspects of armed conflicts are increasingly becoming a strategic concern. More on «What is Lawfare?»
Is "Lawfare" a Useful Term?
Lawfare was initially defined as the use or abuse of the law as a substitute for traditional military means. Now the concept is being applied more broadly. Today, a panel of experts at Case Western Reserve University discusses what is the appropriate way to apply this malleable and controversial concept. More on «Is "Lawfare" a Useful Term?»
The Pros and Cons of Lawfare
As the practice of Lawfare increases, divisions about its legitimacy persist. Orde Kittrie, for example, argues that it is a well-articulated and under-appreciated strategic imperative. Leila Sadat and Jing Ging, in contrast, contend that Lawfare is ideologically charged, ambiguous and has no real meaning. More on «The Pros and Cons of Lawfare»
Lawfare and Iran
Can or should lawfare be used to frustrate Iran’s nuclear ambitions? Orde Kittrie grapples with this complex question in today’s video presentation. More on «Lawfare and Iran»
Human Shields as Unlawful Lawfare
The use of human shields presents one of the most difficult legal-ethical challenges in modern warfare. As Mike Newton argues, it is also a potent example of lawfare – e.g., distorting the laws of armed conflict to increase civilian casualties rather than minimize them. More on «Human Shields as Unlawful Lawfare»
Lawfare and US and Israeli Targeted Killings Policies
According to Lisa Hajjar, lawfare can have many guises. Today, she describes how American and Israeli officials frequently insist on the ‘lawfulness’ of security policies that actually collide with accepted views of international humanitarian law. More on «Lawfare and US and Israeli Targeted Killings Policies»

September 2012

Defining Terrorism – How Far Have We Come?
Establishing a universally accepted definition of terrorism remains a work in progress. Headway has been made, Ben Saul confirms, but an ultimately successful definition will have to walk a fine line. It will, in other words, have to reconcile political expediency with international law. More on «Defining Terrorism – How Far Have We Come?»

January 2012

The Problem with Sovereignty: The Modern State's Collision with the International Law Movement
Legalization may be one of the most profound changes occurring in international relations today. Yet, "the move to law", as Goldstein, Kahler, Keohane and Slaughter (2000) call it, cannot be said to compromise state sovereignty. More on «The Problem with Sovereignty: The Modern State's Collision with the International Law Movement »
International Law: How Does It Actually Work in Practice?
International law is a complex issue which will likely become more intricate as the scope of its application increases. Today we begin our examination of the subject by looking at the question of how international law works in practice. More on «International Law: How Does It Actually Work in Practice?»

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