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| − | {{Concept
| + | #REDIRECT [[Lawfare]] |
| − | |name=Lawfare Project
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| − | |image=Brooke_Goldstein.jpg
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| − | |image_width=240px
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| − | |image_caption=Executive Director [[Brooke Goldstein]]
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| − | |wikipedia=https://en.wikipedia.org/wiki/Lawfare
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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>https://web.archive.org/web/20110807201635/http://www.case.edu/orgs/jil/vol.43.1.2/43_Lawfare_Report.pdf </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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| − | The [[Lawfare Project]] defines lawfare as "the ''abuse'' of Western laws and judicial systems to achieve strategic military or political ends".<ref>https://web.archive.org/web/20130419184924/http://www.thelawfareproject.org/what-is-lawfare.html |archivedate=19 April 2013</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and national human rights laws to accomplish purposes other than, or contrary to, those for which they were originally enacted".
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| − | In a 2010 speech on the topic, Lawfare Project Director [[Brooke Goldstein]] elaborated:
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| − | :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>http://www.thelawfareproject.org/Articles-by-LP-Staff/lawfare-real-threat-or-illusion.html#_ftn2</ref>
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| − | {{SMWDocs}}
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| − | ==References==
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| − | <references/>
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| − | {{PageCredit
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| − | |site=Wikipedia
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| − | |date=14 March 2019
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| − | |url=https://en.wikipedia.org/w/index.php?title=Lawfare&oldid=877893311
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| − | }}
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