Lawfare or strategic communications?

This essay attempts to trace the evolution of the term "Lawfare." Major General Dunlap inserted lawfare into our legal lexicon over a decade ago as a tool to communicate themes to military commanders. However, since that time it has primarily taken two divergent paths. One as Dunlap intend...

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Veröffentlicht in:Case Western Reserve journal of international law 2010-03, Vol.43 (1-2), p.73
1. Verfasser: Noone, Gregory P
Format: Artikel
Sprache:eng
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Zusammenfassung:This essay attempts to trace the evolution of the term "Lawfare." Major General Dunlap inserted lawfare into our legal lexicon over a decade ago as a tool to communicate themes to military commanders. However, since that time it has primarily taken two divergent paths. One as Dunlap intended -- as a discussion of applying legal pressure on the other side of a conflict, and the other as a derogatory term with an ideological goal. This essay also addresses lawfare and its potential relationship to "Strategic Communications" with an extensive discussion regarding this umbrella term and all it encompasses. Finally, this essay poses the question of whether there is a legitimate versus illegitimate -- or put another way -- a legal versus illegal -- lawfare construct. Ultimately, lawfare provides for the use and understanding of the law and especially the need to emphasize the pragmatic utility of the law to military commanders in an ideologically neutral way. [PUBLICATION ABSTRACT]
ISSN:0008-7254
1931-3985