The Influence of law on Strategy

Abstract

Strategists must understand the legal dynamics that are exerting an increasingly powerful influence on the legitimate use of violence. Law has become a weapon of war a practice that has come to be termed as "lawfare" used by weak states and non-state actors to block a strong state's legitimate use of armed force. Strong states also use lawfare to shape strategic narratives or to achieve objectives that not long ago might only have been achievable using force. Comparing how strong states and weak actors use lawfare reveals that the international legal arena is not a level playing field, and that only strong states are capable of practicing lawfare in a truly strategic sense. Strong states are adopting and adapting to the use of lawfare by weak states and non-state actors because strong states are better poised to extract continuing advantages from international law. No strong state will allow its vital interests to be litigated away.

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Document Details

Document Type
Technical Report
Publication Date
May 26, 2016
Accession Number
AD1032866

Entities

People

  • Kevin G. Rousseau

Organizations

  • United States Army Command and General Staff College

Tags

Communities of Interest

  • Cyber
  • Energy and Power Technologies
  • Engineered Resilient Systems
  • Ground and Sea Platforms

DTIC Thesaurus Topics

  • Foreign Policy
  • Governments
  • Human Rights
  • Hybrid Warfare
  • International Law
  • International Relations
  • Law
  • Military Operations
  • National Security
  • Private Military Companies
  • Recreation
  • Terrorism
  • Terrorists
  • Treaties
  • United States
  • Violence
  • Warfare

Readers

  • Criminal Law
  • Strategic Security Studies