An Analysis of the Conceptual Framework and Practices of Lawfare
War and law have intertwined more than ever, as international law is considered a sign of legitimacy in contemporary conflicts. As a corollary, the use or misuse of law as a part of political and military strategy, known as lawfare, has been popularised since the 2000s. International actors increasi...
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| Format: | Article |
| Language: | deu |
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Milli Savunma Üniversitesi
2023-11-01
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| Series: | Güvenlik Stratejileri Dergisi |
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| Online Access: | https://dergipark.org.tr/tr/pub/guvenlikstrtj/issue/81020/1394945 |
| Summary: | War and law have intertwined more than ever, as international law is considered a sign of legitimacy in contemporary conflicts. As a corollary, the use or misuse of law as a part of political and military strategy, known as lawfare, has been popularised since the 2000s. International actors increasingly engage in lawfare activities, and it is predicted that this trend will last. Therefore, it is necessary to shed light on the concept. To this end, this article aims to analyse its conceptual framework by asking questions of what, why, how and whether it is a “new generation warfare”. Firstly, a theoretical inquiry into lawfare will be made by analysing its definitions, dimensions, and characteristics as well as the relevant factors affecting its emergence. This will be accompanied by an explanation of selected practices of states, non-state actors, and non-governmental organisations (NGOs) with references to lawfare typology and method of contestation. Turning to the discussion on the “new generation warfare”, the article evaluates the concept in its relation to the nature of international law and the quest for legitimacy. The article argues that while lawfare enables creating a new asymmetry or countering an existing asymmetry, it does not constitute a form of warfare, since the legal contestation underlying the concept arises from the long-standing peculiarities of international law. |
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| ISSN: | 1305-4740 2822-6984 |