Lawfare: A War Worth Fighting
Paul R. Williams
American University - Washington College of Law
September 11, 2010
Case Western Reserve Journal of International Law, Vol. 43, No. 145, 2010
Lawfare exists and is used every day by both those seeking to achieve legitimate ends and those seeking to achieve illegitimate ends. Lawfare is a war worth fighting; failing to fight lawfare could seriously jeopardize your client's interests, and, more importantly, it could jeopardize your ability to help bring an end to a violent conflict or prosecute those responsible for crimes committed during a conflict.
There are three similarities between legal mechanisms and processes and warfare that I think support the notion that lawfare is a useful concept. The first is that they often pursue the same objectives; the second is that they have a broadly similar approach for accomplishing these objectives – strategic, operational, and tactical; and the third is that lawfare, as part of a conflict resolution approach, is often times fought before the hot conflict, during the hot conflict, and the hot conflict.
Number of Pages in PDF File: 9
Keywords: lawfare, international law
JEL Classification: N40
Date posted: April 3, 2012 ; Last revised: October 23, 2012