Lawfare: Law as a Weapon of War

Abstract

The author of this study carries out a legal-semantic examination of the concept of warfare by law (lawfare). The abuse of the norms of international law for military and strategic purposes, as well as the transformation of international law to achieve military aims, are well-known phenomena. However, many different manifestations of this concept of abuse of rights can be imagined, which the author describes. In this way, in addition to the meaning propagated in the United States due to the work of Charles J. Dunlap, which sees a danger in the observance of international law, the view that sees the norms of international law as a means of achieving strategic goals by the stronger party is also presented. When explaining the individual meanings, the author highlights their negative interpretations (being capable of destroying the rule of law) and also positive-constructive interpretations in the various cited works. Finally, the author describes the initial moments of the Russian-Ukrainian conflict that characterize lawfare. In the conclusions of the study, the risk of using law as a weapon of war during current and future conflicts is highlighted.