Difference between revisions of "Lawfare"

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{{Concept
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{{concept
|name=Lawfare Project
 
|image=Brooke_Goldstein.jpg
 
|image_width=240px
 
|image_caption=Executive Director [[Brooke Goldstein]]
 
 
|wikipedia=https://en.wikipedia.org/wiki/Lawfare
 
|wikipedia=https://en.wikipedia.org/wiki/Lawfare
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|constitutes=
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|interests=class justice
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|description=
 
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'''Lawfare''' is a form of war consisting of the use of the legal system against an enemy, such as by damaging or delegitimising them, tying up their time or winning a public relations victory.<ref>{{cite journal|url=http://www.case.edu/orgs/jil/vol.43.1.2/43_Lawfare_Report.pdf |title=Is Lawfare Worth Defining? |journal=Case Western Reserve Journal of International Law |volume=43 |issue=1 |date=11 September 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20110807201635/http://www.case.edu/orgs/jil/vol.43.1.2/43_Lawfare_Report.pdf |archivedate=7 August 2011 }}</ref><ref>''[https://web.archive.org/web/20061119123552/http://www.terrorism.com/documents/TRC-Analysis/unrestricted.pdf "p. 55"]</ref> The term is a portmanteau of the words ''law'' and ''warfare''.
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'''Lawfare''' is the use of the legal systems and institutions to politically persecute opponents. Apart from imprisonment, the goal can be to delegitimize them in with a propaganda victory in [[public opinion]], bar them from elections, waste their time and money, scare or warn them, or psychologically discourage them.  
  
The [[Lawfare Project]] defines lawfare as "the ''abuse'' of Western laws and judicial systems to achieve strategic military or political ends".<ref> {{cite web |url=http://www.thelawfareproject.org/what-is-lawfare.html |title=The Lawfare Project: What is Lawfare? |accessdate=2013-07-17 |deadurl=yes |archiveurl=https://web.archive.org/web/20130419184924/http://www.thelawfareproject.org/what-is-lawfare.html |archivedate=19 April 2013 |df=dmy-all }}</ref> From this perspective, lawfare consists of "the negative manipulation of international and national human rights laws to accomplish purposes other than, or contrary to, those for which they were originally enacted".
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It is a common method of persecution, and used all over the world. Because the judicial system is murky and often recruits from and identifies with the establishment, lawfare is at tool used very open to exploitation by [[deep state]] interests.
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==United Kingdom==
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Examples from the UK include [[Julian Assange]] and [[Craig Murray]], but they are by no means the only ones.  
  
In a 2010 speech on the topic, Lawfare Project Director [[Brooke Goldstein]] elaborated:
 
  
:Lawfare is about more than just delegitimising a state's right to defend itself; it is about the abuse of the law and our judicial systems to undermine the very principles they stands for: the rule of law, the sanctity of innocent human life, and the right to free speech. Lawfare is not something in which persons engage in the pursuit of justice; it is a negative undertaking and must be defined as such to have any real meaning. Otherwise, we risk diluting the phenomenon and feeding the inability to distinguish between what is the correct application of the law, on the one hand, and what is lawfare, on the other. Because that is the essence of the issue here, how do we distinguish between that which constitutes a constructive, legitimate legal battle (even if the legal battle is against us and inconvenient) from that which is a counterproductive perversion of the law, which should be allocated no precedent? The delineation is not as simple as some may like to make it; that is, that lawsuits against terrorists are good, and legal actions against the U.S. and Israel are bad. Now, the question is not "who is the target", but "what is the intention" behind the legal action: is it to pursue justice, to apply the law in the interests of freedom and democracy, or is the intent to undermine the system of laws being manipulated?<ref>{{cite web |author=Brooke Goldstein |date=5 November 2010 |title=Lawfare: Real Threat or Illusion |url=http://www.thelawfareproject.org/Articles-by-LP-Staff/lawfare-real-threat-or-illusion.html#_ftn2 |accessdate=25 November 2014}}</ref>
 
 
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{{SMWDocs}}
 
==References==
 
==References==
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{{Stub}}
{{PageCredit
 
|site=Wikipedia
 
|date=14 March 2019
 
|url=https://en.wikipedia.org/w/index.php?title=Lawfare&oldid=877893311
 
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Revision as of 09:59, 16 June 2021

Concept.png Lawfare Rdf-entity.pngRdf-icon.png
Interest of• Brooke Goldstein
• Mikhail Lesin
• Silvina Romano

Lawfare is the use of the legal systems and institutions to politically persecute opponents. Apart from imprisonment, the goal can be to delegitimize them in with a propaganda victory in public opinion, bar them from elections, waste their time and money, scare or warn them, or psychologically discourage them.

It is a common method of persecution, and used all over the world. Because the judicial system is murky and often recruits from and identifies with the establishment, lawfare is at tool used very open to exploitation by deep state interests.

United Kingdom

Examples from the UK include Julian Assange and Craig Murray, but they are by no means the only ones.


 

An example

Page nameDescription
Foreign Corrupt Practices ActFrom careful beginnings has become a major tool of statecraft

 

Related Quotation

PageQuoteAuthorDate
Silvina RomanoLawfare is a political war through the courts, which uses legal tools improperly for political persecution, which uses the law as a weapon to destroy the adversary. Lawfare operates from high places through a judicial apparatus that rises above the Legislative and Executive Power, expanding the margin of maneuver and power of the judges, paving the way for a growing “juristocracy”.”Silvina RomanoDecember 2020

 

Related Documents

TitleTypePublication dateAuthor(s)Description
Document:Lawyers For Israel Oppose Conscienceblog post20 May 2023Craig MurrayConvictions based on “intent” to do something you have not actually done, are generally dubious. The Shenstone defendants have been told by Judge Chambers they will get prison sentences. Expect these to be vicious.
Document:What is UK Lawyers for Israel’s relationship to the Israeli governmentArticle12 March 2019Hilary AkedIsraeli diplomat Shai Masot – who worked for the anti-BDS Israeli Ministry of Strategic Affairs in London – was recorded in Al Jazeera’s 2017 undercover documentary The Lobby saying of groups such as UKLFI: "It’s good to leave those organisations independent. But we help them, actually."
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References


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