"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought 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 of insurance 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 strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--
One might ask why the Soviet Union so adamantly promoted the definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Governments demonstrates that through the use of treaties the Soviet Union and Russian Federation practiced a program of “lawfare” long before the term became known. Lawfare, as applied in this work, is the manipulation or exploitation of the international legal system to supplement military and political objectives. This work is unique in that it not only traces the evolution of the definition of aggression and aggressive war from the Soviet and Russian Federation perspective, it looks at that progression both from the vantage point of leading edge legal legitimacy and its concurrent use as a means of lawfare to control other states legally, politically and equally as important, through the public media of propaganda.
What happens when South Africa’s tumultuous political life becomes entangled in the courts of law? Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts. The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on. This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.
The free speech rights of authors, researchers and journalists writing on issues of public security and national concern are increasingly under attack through both violent and non-violent means. An important non-violent challenge to free speech has emerged in the form of "Islamist lawfare," the use of the law as a weapon of war to silence and punish free speech about militant Islam, terrorism and its sources of financing. The strategic end of Islamist lawfare is to further the goals of the Islamist movement, one of which is to abolish public discourse critical of Islam and punish anything deemed blasphemous to its prophet, Mohammad. Another goal of Islamist lawfare is to impede the free flow of public information about the threat of Islamist terrorism, thereby limiting our ability to understand it and destroy it. In this way, Islamist lawfare takes the form of a complementary legal campaign to terrorism and asymmetric warfare. "Lawfare: The War Against Free Speech"- written by two of America's experts in this field- describes this phenomenon and gives practical guidance about navigating this new terrain to journalists who wish to speak truthfully about the national security threats we face. This book is a must-read primer on the First Amendment, and should be reviewed by anyone writing about the most controversial topics of our time. Aaron Eitan Meyer and Brooke Goldstein present "Lawfare Against Free Speech: A First Amendment Guide to Reporting in an Age of Islamist Lawfare," the first book of its kind aimed at giving practical tips to journalists when writing about these topics. ABOUT THE AUTHORS Brooke Goldstein is a human rights attorney and award-winning filmmaker. She serves as director of The Lawfare Project, a nonprofit organization dedicated to raising awareness and facilitating a response to the abuse of the legal system and human rights law. She is also the founder and director of the Children's Rights Institute (CRI) which tracks and legally combats violations of children's basic human rights as occurring throughout the globe. Aaron Eitan Meyer served as research director of The Lawfare Project, director of research for the Children's Rights Institute, legal correspondent for the Terror Finance Blog, and is on the advisory board for the digital advocacy group, Act for Israel. He received his B.A. from New School University, and his J.D. from Touro College Jacob D. Fuchsberg Law Center.
The world is in the midst of a revolution in military affairs, caused by a shift from symmetric to asymmetric war the digitisation and globalisation of information, and the automation of war by robotics and cyber aggression. In this modern environment, a new weapon known as lawfare plays an essential role. Lawfare is the use, or more correctly the misuse, of law as a weapon of combat to embarrass Western countries, to constrain their armies, and in this way to achieve military objectives. The Israeli-Palestinian conflict is the world's leading conflict on this new battlefront. Drawing on the personal stories of soldiers in the Israeli and US armies, as well as the filings at the International Criminal Court, A Table Against Mine Enemies: defines lawfare and related terms through personal stories; explains the four fundamental laws of war on which lawfare attacks are based; details Israel-based examples of lawfare in the separation barrier, the disputed territories, and flotilla attempts to break the blockade against importation of weapons to Gaza; and presents scenarios for the future of war and of lawfare, based on advanced electronics, robotics, cyber attacks, and machine autonomy. Lawfare is in the news every week, and will continue to appear over the coming decades. This book provides the information essential to understanding this new and revolutionary weapon of war.
Drone Warfare and Lawfare in a Post-Heroic Age posits a framework for the scholarly community, policy makers, and lay readers for understanding the legal and military aspects of drone warfare.
This book provides readers with a critical study of the challenges that confronted Namibian activists who tried to sue Germany for genocidal acts that were committed during the German South West Africa (GSWA) years.
Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
Islamophobia: The Ideological Campaign Against Muslims examines the rise of anti-Muslim and anti-Arab sentiments in the West following the end of the Cold War through GW Bush’s War on Terror to the Age of Obama. Using “Operation Desert Storm” as a watershed moment, Stephen Sheehi examines the increased mainstreaming of Muslim-bating rhetoric and explicitly racist legislation, police surveillance, witch-trials and discriminatory policies towards Muslims in North America and abroad. The book focuses on the various genres and modalities of Islamophobia from the works of rogue academics to the commentary by mainstream journalists, to campaigns by political hacks and special interest groups. Some featured Islamophobes are Bernard Lewis. Fareed Zakaria, Thomas Friedman, David Horowitz, Ayaan Hirsi Ali, Irshad Manji, George W. Bush, Dick Cheney, John McCain, Hilary Clinton and Barack Obama. Their theories and opinions operate on an assumption that Muslims, particularly Arab Muslims, suffer from particular cultural lacuna that prevent their cultures from progress, democracy and human rights. While the assertion originated in the colonial era, Sheehi demonstrates that it was refurbished as a viable explanation for Muslim resistance to economic and cultural globalization during the Clinton era. Moreover, the theory was honed into the empirical basis for an interventionist foreign policy and propaganda campaign during the Bush regime and continues to underlie Barack Obama’s new internationalism. If the assertions of media pundits and rogue academics became the basis for White House foreign policy, Sheehi also demonstrates how they were translated into a sustained domestic policy of racial profiling and Muslim-baiting by agencies from Homeland Security to the Department of Justice. Furthermore, Sheehi examines the collusion between non-governmental agencies, activist groups and lobbies and local, state and federal agencies to in suppressing political speech on US campuses critical of racial profiling, US foreign policy in the Middle East and Israel. While much of the direct violence against Muslims on American streets, shops and campuses has subsided, Islamophobia runs throughout the Obama administration. Sheehi, therefore, concludes that Muslim and Arab-hating emanate from all corners of the American political and cultural spectrum, serving poignant ideological functions.
Lawfare is defined in various ways, but it is essentially a way to describe legal activities within the context of armed conflict. The Army's operational concept provides a framework within which to conceptualize "offensive lawfare" which, in the current global counter-insurgency conflict, should be understood to include efforts to deny enemy forces sanctuary, to blunt their abuse of courts, and to use both foreign and domestic courts to better support our national security strategy. Policy discussions to improve our offensive lawfare posture should include providing support to litigants in certain domestic and foreign court actions that are deemed to be congruous with these ends. More specifically, policy discussions should consider providing support to plaintiffs in terrorism related domestic civil litigation, to certain defendants in certain foreign criminal actions, to defendants in foreign civil litigation that is deemed to be related to the current conflict and to plaintiffs pursuing foreign causes of action against terrorist organizations and their supporters.
Visit www.rumsfeld.com for more. Discover Known and Unknown Deluxe offering an unprecedented reading experience for a memoir by a major public figure. For web-connected readers, it features more than 500 links to never-before-available original documents from Donald Rumsfeld's extensive personal archive. It includes State Department cables, correspondence, and memoranda on topics such as Vietnam, Watergate, the days following 9/11, the wars in Iraq and Afghanistan, and much more. Available in ePub and Adobe Reader. Like Donald Rumsfeld, Known and Unknown pulls no punches. With the same directness that defined his career in public service, Rumsfeld's memoir is filled with previously undisclosed details and insights about the Bush administration, 9/11, and the wars in Afghanistan and Iraq. It also features Rumsfeld's unique and often surprising observations on eight decades of history: his experiences growing up during the Depression and World War II, his time as a Naval aviator; his service in Congress starting at age 30; his cabinet level positions in the Nixon and Ford White Houses; his assignments in the Reagan administration; and his years as a successful business executive in the private sector. Rumsfeld addresses the challenges and controversies of his illustrious career, from the unseating of the entrenched House Republican leader in 1965, to helping the Ford administration steer the country away from Watergate and Vietnam, to bruising battles over transforming the military for the 21st century, to the war in Iraq, to confronting abuse at Abu Ghraib and allegations of torture at Guantanamo Bay. Along the way, he offers his plainspoken, first-hand views and often humorous and surprising anecdotes about some of the world's best known figures, from Margaret Thatcher to Saddam Hussein, from Henry Kissinger to Colin Powell, from Elvis Presley to Dick Cheney, and each American president from Dwight D. Eisenhower to George W. Bush. Rumsfeld relies not only on his memory but also on previously unreleased and recently declassified documents. Thousands of pages of documents not yet seen by the public will be made available on an accompanying website. Known and Unknown delivers both a fascinating narrative for today's readers and an unprecedented resource for tomorrow's historians. Proceeds from the sales of Known and Unknown will go to the veterans charities supported by the Rumsfeld Foundation.
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
International Law Studies, V. 83. Michael D. Carsten, editor. Known as the "Blue Book" series. Contains the proceedings from a scholarly conference entitled "Global Legal Challenges Command: Command of the Commons, Strategic Communications and Natural Disasters" hosted at the Naval War College on June 28-30, 2006.
International Law Studies, V. 83. Michael D. Carsten, editor. Known as the Blue Book series. Contains the proceedings from a scholarly conference entitled Global Legal Challenges Command: Command of the Commons, Strategic Communications and Natural Disasters hosted at the Naval War College on June 28-30, 2006.