Lawfare: Law as a Weapon of War

Kittrie, a law professor and former State Department official, provides a comprehensive introduction to a weapon whose very existence will be a surprise to many. The use of law to wage war is more than an academic exercise; Kittrie notes that “lawfare” techniques could “almost certainly save U.S. and foreign lives by enabling some U.S. national security objectives to be advanced with less or no kinetic warfare.” But the U.S. lacks a strategy or doctrine for using laws as a “substitute for traditional military means to achieve an operational objective.” Other countries are further developed: China’s similar concept of “legal warfare” is part of its strategic doctrine, and Israel has an office dedicated to offensive and defensive lawfare. Kittrie makes the book’s focus tangible in fascinating examples, including how the threat of a civil lawsuit against maritime insurers prevented a flotilla from delivering humanitarian aid to Israeli-blockaded Gaza; the insurers were deterred by the prospect of being held liable in U.S. courts for “providing material support or resources to Hamas.” China’s efforts to exclude cyberspace from the international laws of war, and the U.S.’s financial warfare against Iran, are also discussed. Kittrie’s cogent analyses address a topic that will garner more attention in coming years. (Jan.)