Robert Pratten Lawfare, a portmanteau of “law” and “warfare,” refers to the use of legal instruments and the judicial system to achieve strategic military or political objectives. In the context of hybrid warfare, lawfare becomes a critical tool, complementing traditional military tactics with legal maneuvers. Here’s an expanded view of the role of lawfare in hybrid warfare grouped into three main categories:
- Legal Tactics in Military and Political Contexts
- Economic and Information Strategies
- Legal Manoeuvring and Domestic Legislation
Legal Tactics in Military and Political Contexts
Legitimizing Military Actions: States may use lawfare to provide a legal veneer to their military actions, framing them within the context of international law. This can involve citing self-defense, humanitarian intervention, or other legal justifications under international law to legitimize military operations.
Delegitimizing Opponent’s Actions: Conversely, lawfare can be used to delegitimize an adversary’s military and political actions. This involves accusing the opponent of war crimes, human rights violations, or breaches of international agreements, thereby undermining their credibility and support.
Economic Strategies
Economic Sanctions and Embargoes: Lawfare is often employed in imposing and justifying economic sanctions and embargoes. Legal frameworks are used to target specific states, organizations, or individuals, aiming to exert economic pressure without resorting to open conflict.
Legal Manoeuvring and Domestic Legislation
International Litigation and Arbitration: Engaging in international litigation and arbitration against adversaries is a key aspect of lawfare. This can involve disputes over territorial claims, trade issues, or violations of international treaties, using international courts and tribunals as battlegrounds.
Information and Propaganda Wars: Lawfare extends to the realm of information, where legal arguments and narratives are used in propaganda efforts. This includes publicising legal actions against adversaries or highlighting their legal violations to sway public opinion and international perceptions.
Creating Legal Obstacles for Opponents: Lawfare can be used to create legal obstacles for adversaries, such as filing lawsuits to delay or obstruct their military procurement, impede their operations, or freeze their assets.
Legislative Measures and Policies: Domestically, lawfare involves enacting laws and policies that support hybrid warfare objectives. This could include laws that restrict the activities of certain groups, enhance surveillance capabilities, or control the flow of information.
Exploiting Legal Asymmetries: States engaged in hybrid warfare may exploit legal asymmetries, taking advantage of the differences in legal systems and interpretations between different countries or regions.
Cyber Lawfare: In the cyber domain, lawfare includes legal actions related to cyber activities, such as prosecuting cybercrimes, pushing for international cyber norms, or using legal means to counter cyber espionage and cyber attacks.
Countering Terrorism and Insurgency: Lawfare is used in countering terrorism and insurgency, utilizing legal tools to undermine the legitimacy and operations of terrorist groups and insurgents.
In hybrid warfare, lawfare acts as a force multiplier, complementing and reinforcing other methods of conflict. It leverages the power of legal systems and international law to advance strategic objectives, counter adversaries, and shape the international legal and political landscape to a state’s advantage. This multifaceted approach underscores the increasing importance of legal strategies in contemporary geopolitical conflicts.
