Lawfare: Law as a Weapon of War

Hardcover | January 18, 2016

byOrde F. Kittrie

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International military interventions endanger soldier and civilian lives, can be financially costly, and risk spiraling out of control. One incident which exemplified the risks involved a US and UK wish to stop a Russian ship from delivering helicopter gunships to the Assad regime in Syria in2012. Forcibly intercepting a Russian ship in transit could have risked World War III, so they developed an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss ofinsurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical tool in the foreign policy arena. In Lawfare, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the riseof economic globalization and information technology have fueled lawfare's increasing power and prevalence. The book includes case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israeli-Palestinian conflict, and several non-governmental organizationsand individuals. Kittrie asserts that much of the United States' most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. He analyzes why this is the case, and describes how such attorneys' expertise and experience can contribute even more toU.S. national security. Kittrie also explains that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing the use of armed force as a tool for achieving some significantU.S. national security objectives. Understanding this alternative to armed force has never been more important.

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International military interventions endanger soldier and civilian lives, can be financially costly, and risk spiraling out of control. One incident which exemplified the risks involved a US and UK wish to stop a Russian ship from delivering helicopter gunships to the Assad regime in Syria in2012. Forcibly intercepting a Russian ship i...

Orde F. Kittrie is a tenured Professor of Law at Arizona State University's Sandra Day O'Connor College of Law, and director of its Washington, DC Semester Program. He is also a Senior Fellow at the Foundation for Defense of Democracies, a nonpartisan Washington, DC think tank. A renowned expert on lawfare, nonproliferation, the Middle...
Format:HardcoverDimensions:504 pages, 9.41 × 6.5 × 1.3 inPublished:January 18, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190263571

ISBN - 13:9780190263577

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Table of Contents

R. James Woolsey, Jr.: Foreword1. A Conceptual Introduction to Lawfare2. Chinese Lawfare3. Palestinian Instrumental Lawfare Against Israel, and Israeli Reaction4. Hamas Battlefield Lawfare Against Israel5. Israeli Offensive Lawfare and its Adversaries' Responses6. The U.S. and its Defensive Responses to Lawfare7. U.S. Lawfare Directed Against Iran: Financial, Energy, and Non-Proliferation8. U.S. Private Sector Attorneys in Lawfare9. The Future of Lawfare

Editorial Reviews

"Provides a comprehensive introduction to a weapon whose very existence will be a surprise to many...Kittrie makes the book's focus tangible in fascinating examples...Kittrie's cogent analyses address a topic that will garner more attention in coming years." --Publishers Weekly (starred review)