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Lawfare in Theory and Practice

Statue of Lady Justice holding a sword and weighing scales, courtesy of Citizensheep/flickr
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Statue of Lady Justice on top of the Old Bailey

Lawfare involves using the law as an instrument of power. In looking at this potentially dubious practice, we'll first look at its theoretical foundations. Then, we'll focus on how it has been allegedly used.

A gavel, scales and book courtesy of s_falkow/flickr

International Law and the New World Order: Redefining Sovereignty

15 Apr 2013 / Special Feature

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»

A judge hand striking a gavel over a table, courtesy of SalFalko/Flickr

What is Lawfare?

16 Apr 2013 / Special Feature

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?»

Statue of Lady Justice, courtesy Scott/flickr

Is "Lawfare" a Useful Term?

17 Apr 2013 / Special Feature

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?»

Statue of Lady Justice holding a sword and weighing scales, courtesy of Citizensheep/flickr

Illustrating Illegitimate Lawfare

18 Apr 2013 / Special Feature

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»

ICJ Robes, courtesy of International Court of Justice (ICJ)

The Pros and Cons of Lawfare

19 Apr 2013 / Special Feature

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»

Meeting of Iran's Minister for Foreign Affairs and the IAEA Director General at the IAEA’s headquarters in Vienna, courtesy of IAEA/flickr

Lawfare and Iran

22 Apr 2013 / Special Feature

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»

Iron Dome air defense system, courtesy Israel Defense Forces/flickr

Lawfare and Israel-Palestine

23 Apr 2013 / Special Feature

Lawfare refers to the use or abuse of the law to gain strategic or security-related advantages. Today, Avihai Mandelblit discusses how it impacts the strategic calculations of the Israel Defense Forces in their dealings with Palestinians. More on «Lawfare and Israel-Palestine»

ICTY building in the Hague

Human Shields as Unlawful Lawfare

24 Apr 2013 / Special Feature

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»

Military drone, courtesy of Illetirres/flickr

Lawfare and US and Israeli Targeted Killings Policies

25 Apr 2013 / Special Feature

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»

World War Web Advisory: CyberWar, courtesy watchingfrogsboil/flickr

Cyber Lawfare?

26 Apr 2013 / Special Feature

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. More on «Cyber Lawfare?»

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