(Download) "Whose Lawfare is It, Anyway?(Symposium: Lawfare)" by Case Western Reserve Journal of International Law " Book PDF Kindle ePub Free
eBook details
- Title: Whose Lawfare is It, Anyway?(Symposium: Lawfare)
- Author : Case Western Reserve Journal of International Law
- Release Date : January 22, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 276 KB
Description
The growing interest in "lawfare," particularly as it applies to American and Israeli military operations, requires a realistic assessment of the nature of the alleged threat and the responses to it. The popular view of lawfare, put forward by neo-conservative commentators and some military lawyers, is exceptionally myopic, oblivious to how other nations view international justice, and disingenuous regarding America's own aggressive use of the law to confront perpetrators of atrocity crimes during times of armed conflict. Lawfare critics cannot have it both ways, arguing that the United States is being unfairly singled out and erroneously attacked in judicial forums for allegedly illegal conduct and then contending that unconventional threats permit responses and military strategies that diverge from well-established international law. Perhaps the most significant example of major-power lawfare today, at least from an African perspective, is the International Criminal Court and its five situations under investigation on the African continent. Greater care needs to be taken with use of the term "lawfare," which in common parlance has come to describe how weaker nations, civil society, insurgents, terrorists, and scholars exploit domestic law, international law, and judicial institutions to influence the foreign and military policies of major powers. (1) Often, the target becomes U.S. or Israeli policy. Lawfare is a particular form of asymmetrical warfare using the rule of law, or a particular interpretation of the law, to thwart the use of military power of far superior means. "Lawfare," as described by a Council on Foreign Relations study group I participated in several years ago, is the strategy of using or misusing law as a substitute for traditional uses of military force in order to achieve military objectives. (2)
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