The U.S. legal system is known as the envy of the world. Yet law as an instrument of national power has been woefully understudied. Traditional academic frameworks for studying the instruments of national power do not consider the full potential of law to be used as a weapon of war between states, a concept known as “lawfare.” Meanwhile, U.S. adversaries understand that law can be a potent weapon, both to achieve concrete military objectives and to win battles in the information domain, and have wielded it against the U.S. As war escalates in the information domain, information lawfare will be a critical piece of any party’s strategy.
Through a case study of the U.S.’s strike that killed Iranian Major General Soleimani in January 2020, Jill I. Goldenziel demonstrates how information lawfare can be used, and why the U.S. must develop its offensive and defensive lawfare capabilities. This paper won a prize in the 2020 Air Force Judge Advocate General School’s National Security Law Writing Competition.
Warfare has transformed in the modern age from traditional warfare to more states engaging in non-international armed conflict, like the so called “war on terror.” However, the United States adheres to a standard regarding the end of non-international armed conflicts that deviates from the various approaches of international law practitioners and scholars.
In this article, Christian Schaller both questions the U.S. policy and argues it lacks clarity and transparency while also acknowledging the power it gives decision makers in combating terror, a strategy that more states have come to appreciate.
Legal analysis of the now much maligned “war on terror” has been a growth industry since the events of September 11, 2001. Despite this, how best to respond to and regulate terrorism remains a contested debate intellectually and practically. This article dives into that empirical gap by providing unique data on the operation of detention, arrest, and trial regimes created to counter and manage terrorism in the United Kingdom.