Related Articles for "Lawfare in Theory and Practice"

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April 2013

26 Apr 2013
Some Reflections on the Intersection of Law and Ethics in Cyber War
To understand cyber-warfare, Charles Dunlap argues, you first need to explore the relationship between ethics, the law and violence. If you don’t perform this necessary analysis, you’ll probably be caught flat-footed when the next ‘big thing’ in lawfare appears – e.g., cyber-lawfare. More on «Some Reflections on the Intersection of Law and Ethics in Cyber War»
25 Apr 2013
Lawfare and Targeted Killing
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 Targeted Killing»
19 Apr 2013
Lawfare and US National Security
The Bush and Obama administrations have largely used Lawfare in defensive ways. This is misguided, argues Orde Kittrie. In his view, if traditional military objectives can be accomplished by instrumentalizing the law, then the United States should use it both offensively and defensively. More on «Lawfare and US National Security»
19 Apr 2013
On Legal Subterfuge and the So-Called Lawfare Debate
The term ‘Lawfare’ is as contentious and ideologically charged as it is ambiguous and promiscuously applied, or so argue Leila Sadat and Jing Geng. This means that as a concept it has little or no policy-shaping value. More on «On Legal Subterfuge and the So-Called Lawfare Debate»
18 Apr 2013
Illustrating Illegitimate Lawfare (Part 1)
Lawfare that undermines the good faith application of the laws and customs of war is both illegitimate and untenable, or so argues Mike Newton. Today, he outlines the contours of illegitimate lawfare and provides current examples of its use. More on «Illustrating Illegitimate Lawfare (Part 1)»
15 Apr 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»

January 2013

28 Jan 2013
The Arctic: Thaw With Conflict Potential
Climate change continues to expose the natural wealth and economic potential of the Arctic region. Today, we look at how the Arctic states are attempting to manage access to this commons, and we consider the potential for conflict over exploitation rights and transportation routes. More on «The Arctic: Thaw With Conflict Potential»

September 2012

14 Sep 2012
The Challenge of Defining Terrorism
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 «The Challenge of Defining Terrorism»

January 2012

27 Jan 2012
International Law and the Problem of Failed States: A Case of Ambiguities
The role that international law plays within an evolving international system has been a common refrain in our Editorial Plan. Today we turn our attention towards a perennial problem – the relationship (or not) of international law to failed or failing states. More on «International Law and the Problem of Failed States: A Case of Ambiguities»
24 Jan 2012
International Law and the Use of Force: The Case of Iraq
Today we turn our attention to a specific case study in international law, the US-led invasion of Iraq in 2003. What can this case teach us about the role of international law in determining whether states can justifiably go to war against other states? More on «International Law and the Use of Force: The Case of Iraq»

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