University
War Studies University
Country
Poland
Document Type
Document
ORCiD
0000-0003-0125-9121
Description/Abstract
As the world became increasingly interconnected, the significance of international law has been augmented exponentially. International law encompasses a vast array of legal systems, written norms, and customary principles that govern the interactions between states, still being the primal and main norm creators, as well as to some extent international organizations, and other non-state actors (NSA) gaining more and more influence, and finally us - individuals. In recent times, the utilization of law as a tool of warfare has gained prominence, with public and private entities leveraging legal arguments and international institutions to achieve their military and political objectives. While the use of law in warfare is not inherently negative, its abuse can undermine the principles of international rules-based order, based on democracy, transparency, and respect for human rights. Thus, lawfare, a term derived from the combination of “law” and “warfare”, encompasses both the use of law as a (military) weapon and the exploitation of legal systems for political (strategic) gain. It also refers to the strategic manipulation of legal frameworks and mechanisms to gain an advantage in armed conflicts. Legal culture refers to the shared beliefs, values, written norms and oral customs, and practices that shape the legal system which influences the behavior and perceptions of individuals within a particular legal community. Additionally, too often neglected legal-cultural analysis of armed conflict explores the entangled relationship between legal culture and legal consciousness in the context of international law. Although there is no international treaty that prohibits terrorism as such, numerous conventions and policies, outlawing certain aspects of terrorism, have been adopted in order to prevent and suppress terrorist acts. The current norms relating to the use of force are contained in the United Nations Charter and in customary international law. Hence, the use of force in response to acts of terrorism will only be legitimate if justified in accordance with one of the two exceptions.
Keywords
International law, Law of armed conflict, Lawfare, Legal warfare, Terrorism
Disciplines
International Law | International Relations | Military, War, and Peace | Peace and Conflict Studies
Session Title
Guest Speaker
Location
Cape Charles Room, ODU Webb Center
Start Date
3-21-2025 3:00 PM
End Date
3-21-2025 3:45 PM
Upload File
wf_yes
Included in
International Law Commons, International Relations Commons, Military, War, and Peace Commons, Peace and Conflict Studies Commons
Lawfare and Terrorism – Can Terrorism Justify the Use of Force?
Cape Charles Room, ODU Webb Center
As the world became increasingly interconnected, the significance of international law has been augmented exponentially. International law encompasses a vast array of legal systems, written norms, and customary principles that govern the interactions between states, still being the primal and main norm creators, as well as to some extent international organizations, and other non-state actors (NSA) gaining more and more influence, and finally us - individuals. In recent times, the utilization of law as a tool of warfare has gained prominence, with public and private entities leveraging legal arguments and international institutions to achieve their military and political objectives. While the use of law in warfare is not inherently negative, its abuse can undermine the principles of international rules-based order, based on democracy, transparency, and respect for human rights. Thus, lawfare, a term derived from the combination of “law” and “warfare”, encompasses both the use of law as a (military) weapon and the exploitation of legal systems for political (strategic) gain. It also refers to the strategic manipulation of legal frameworks and mechanisms to gain an advantage in armed conflicts. Legal culture refers to the shared beliefs, values, written norms and oral customs, and practices that shape the legal system which influences the behavior and perceptions of individuals within a particular legal community. Additionally, too often neglected legal-cultural analysis of armed conflict explores the entangled relationship between legal culture and legal consciousness in the context of international law. Although there is no international treaty that prohibits terrorism as such, numerous conventions and policies, outlawing certain aspects of terrorism, have been adopted in order to prevent and suppress terrorist acts. The current norms relating to the use of force are contained in the United Nations Charter and in customary international law. Hence, the use of force in response to acts of terrorism will only be legitimate if justified in accordance with one of the two exceptions.