Lawfare
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Lawfare is the use of
The term may refer to the use of legal systems and principles against an enemy, such as by damaging or
Alternatively, it may describe a tactic used by
Etymology
The term is a
A more frequently cited use of the term is found in a 2001 essay authored by
Benjamin Wittes, Robert Chesney, and Jack Goldsmith employ the word in the name of the Lawfare website, which focuses on national security law and has explored the debate over the definition of lawfare and whether it should be considered exclusively a pejorative.[8][9]
Universal jurisdiction
Lawfare may involve the law of a nation turned against its own officials, but more recently it has been associated with the spread of universal jurisdiction, that is, one nation or an international organization hosted by that nation reaching out to seize and prosecute officials of another.[10]
In the Israeli–Palestinian conflict
Both pro-Israeli groups and pro-Palestinian groups have been accused of using "lawfare" against one another. Christian Aid, a British charity that does humanitarian work for Palestinians, was taken to court in 2017 by a pro-Israeli organization called "Zionist Advocacy Center".[11] While the case was ultimately dismissed in US courts, the organization had to spend £700,000 in defending itself, and said it was an act of "lawfare" against organizations that help Palestinians.[11]
A pro-Israeli group, Shurat HaDin, acting on information from the Israeli government, is believed to have used lawfare to prevent Gaza-bound flotilla from leaving Greece.[12]
Many cases have been brought forward against Israeli officials and those associated with
Attempts to suppress the
The alleged
According to Canadian
South China Sea dispute
In contrast to most world governments, the
Other examples
The government of China has used lawsuits in foreign courts to repress Chinese dissidents abroad.[25][26][27]
Harvard School of Law professor Jack Goldsmith, an opponent to the expansion of international human rights and universal jurisdiction, states in his book The Terror Presidency that Defense Secretary Donald Rumsfeld was concerned with the possibility of lawfare waged against Bush administration officials, and that Rumsfeld "could expect to be on top of the list".[28][29] Rumsfeld addresses the effects of lawfare in his memoir Known and Unknown.[30]
See also
- Asymmetric warfare
- Bush Six
- Fourth generation warfare
- Hong Kong protests against China extradition and national security laws
- Roerich Pact
- Strategic lawsuit against public participation
- Tibet since 1950
- Unrestricted Warfare
- Vexatious litigation
- War as metaphor
References
- ^ History of Lawfare, Dunlap, 2001
- ISBN 978-0-19-026357-7
- ^ "Is Lawfare Worth Defining?" (PDF). Case Western Reserve Journal of International Law. 43 (1). 11 September 2010. Archived from the original (PDF) on 7 August 2011.
- ^ Unrestricted Warfare, p. 55 Archived 19 November 2006 at the Wayback Machine
- ^ M. Smith; D. Crossley, eds. (1975). Whither Goeth the Law – Humanity or Barbarity, The Way Out – Radical Alternatives in Australia. Melbourne: Lansdowne Press.
- ^ a b Colonel Charles J. Dunlap Jr. (29 November 2001). "Law and Military Interventions: Preserving Humanitarian Values in 21st Conflicts" (PDF). duke.edu: 4.
- Charles J. Dunlap Jr.(3 August 2007). "Lawfare amid warfare". The Washington Times.
- ^ Welcome to Lawfare, By Benjamin Wittes. Wednesday, September 1, 2010
- ^ "About Lawfare: A Brief History of the Term and the Site". 14 May 2015.
- ISBN 978-0-393-06550-3.(discussing lawfare and the spread of universal jurisdiction).
- ^ a b "Christian Aid claims it was subject to act of 'lawfare' by pro-Israel group".
- ^ "Israeli Offensive Lawfare". Retrieved 24 November 2023.
- ^ "NGO Monitor Monograph – Overview of lawfare cases involving Israel". NGO Monitor. Retrieved 13 May 2013.
- ^ "Netanyahu aide skips UK trip fearing arrest". AFP. 4 May 2011. Retrieved 13 May 2013.
- ^ ISBN 978-0-429-64861-8.
- ^ "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
- ^ James Pamment, Vladimir Sazonov, Francesca Granelli, Sean Aday, Māris Andžāns, Una Bērziņa-Čerenkova, John-Paul Gravelines, Mils Hills, Irene Martinez-Sanchez, Mariita Mattiisen, Holger Molder, Yeganeh Morakabati, Aurel Sari, Gregory Simons, Jonathan Terra, Hybrid Threats: Hamas’ use of human shields in Gaza Nato Strategic Communications Centre of Excellence, 5 June 2019 pp.147-169, 152
- ^ Twersky, Mordechai I. (19 May 2011). "Cotler warns of new strain in delegitimization of Israel". The Jerusalem Post. Retrieved 13 May 2013.
- ISBN 9780190263577.
- S2CID 158337369.
- .
- ISBN 9780190263577.
- S2CID 158337369.
- S2CID 55162381.
- ^ Berg, Sebastian Rotella,Kirsten (22 July 2021). "Operation Fox Hunt: How China Exports Repression Using a Network of Spies Hidden in Plain Sight". ProPublica. Retrieved 17 August 2022.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ISSN 0099-9660. Retrieved 17 August 2022.
- JSTOR 27093694.
- ISBN 978-0-393-06550-3.(discussing Kissinger and Rumsfeld)
- The Huffington Post. Retrieved 9 March 2009.(discussing civil lawsuit against Donald Rumsfeld by Donald Vance, a Navy veteran who says he was tortured in an Iraq prison in 2006).
- ISBN 9781595230676.