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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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Lawfare Waged by U.S. Private Sector and Non-Governmental Organization Attorneys

Lawfare Waged by U.S. Private Sector and Non-Governmental Organization Attorneys

(p.51) Chapter 2 Lawfare Waged by U.S. Private Sector and Non-Governmental Organization Attorneys

Orde F. Kittrie

Oxford University Press

This chapter describes and analyzes the waging of lawfare by various U.S. private sector and other non-governmental attorneys. Section I focuses on case studies of litigation by private sector attorneys in U.S. courts against terrorist groups, their material supporters, and their state sponsors. Section I is organized around the two key U.S. statutes currently facilitating such litigation: (1) the Anti-Terrorism Act and (2) the state sponsor of terrorism exception to the Foreign Sovereign Immunities Act. Section II focuses on describing and analyzing other ways, outside the litigation arena, in which U.S. non-governmental attorneys have waged offensive lawfare against America’s adversaries. This includes developing and advocating changes to international, U.S. federal, state, and local laws; encouraging actions by executive branch policymakers; and collecting and disseminating evidence of adversary violations of laws. Finally, Section III assesses the potential future role of U.S. non-governmental attorneys in offensive lawfare against U.S. adversaries.

Keywords:   lawfare, litigation, non-governmental, material support, state sponsor of terrorism, Foreign Sovereign Immunities Act

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