LawfareLaw as a Weapon of War

LawfareLaw as a Weapon of War

Orde F. Kittrie

Print publication date: 2016

ISBN: 9780190263577

Publisher: Oxford University Press

Abstract

IThis book draws on his experiences as a lawfare practitioner, U.S. State Department attorney, and international law scholar in analyzing the theory and practice of the use of law as a weapon of war. This book incorporates case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israel-Palestinian conflict, and several non-governmental organizations and individuals. Drawing in part on interviews with leading practitioners, the book includes several striking, previously unpublicized examples of lawfare. The book also analyzes why lawfare is increasing in power and prevalence and what its future may hold. It asserts that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing traditional kinetic warfare as a tool for achieving some significant U.S. objectives. In addition, it suggests that lawfare’s rise should be to the advantage of the United States, with its exceptional number and quality of attorneys. It notes, however, that while China has adopted and implemented lawfare as a major strategy, the U.S. government has thus far failed to engage systematically with lawfare. The book asserts that much of the United States’ most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. It analyzes how and why the information technology revolution and economic globalization have made this possible, and assesses the future of such lawfare and its relationship to the U.S. government.